5 U.S.C. § 8132
Adjustment after recovery from a third person
United States · Title 5 — GOVERNMENT ORGANIZATION AND EMPLOYEES · Status: effective
Cite this
- Citation
- 5 U.S.C. § 8132, Adjustment after recovery from a third person, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/427389
- Permanent ID
ys:prov:427389@1- SHA-256
176c467676eb1e69ec27451cf685381199a346f2a56f423a3874909029307062
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Full text
If an injury or death for which continuation of pay or compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a beneficiary entitled to continuation of pay or compensation from the United States for that injury or death receives money or other property in satisfaction of that liability as the result of suit or settlement by him or on his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney’s fee, shall refund to the United States the amount of continuation of pay or compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injury. No court, insurer, attorney, or other person shall pay or distribute to the beneficiary or his designee the proceeds of such suit or settlement without first satisfying or assuring satisfaction of the interest of the United States. The amount refunded to the United States shall be credited to the Employees’ Compensation Fund. If continuation of pay or compensation has not been paid to the beneficiary, the money or property shall be credited against continuation of pay or compensation payable to him by the United States for the same injury. However, the beneficiary is entitled to retain, as a minimum, at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted; and in addition to this minimum and at the time of distribution, an amount equivalent to a reasonable attorney’s fee proportionate to the refund to the United States.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- An Act to amend chapter 81 of subpart G of title 5, United States Code, relating to compensation for work injuries, and for other purposes.House: no recorded tallySenate: no recorded tally
- James M. Inhofe National Defense Authorization Act for Fiscal Year 2023