Page:United States Statutes at Large Volume 94 Part 1.djvu/1055

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PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-322—AUG. 4, 1980

94 STAT. 1005

into the facts surrounding the alleged injury or death. The Commandant shall then certify to the Secretary of Labor whether or not the injured or deceased person was a temporary member of the Reserve, the person's military status, and whether or not the injury or death was incurred incident to military service. "(d) A temporary member of the Reserve, who incurs a physical disability or contracts sickness or disease while performing a duty to which the member has been assigned by competent authority, is entitled to the same hospital treatment afforded a member of the Regular Coast Guard. "(e) In administering section 8133 of title 5, for a person covered by this section— "(1) the percentages applicable to payments under that section are— "(A) 45 per centum under subsection (a)(2) of that section, where the member died fully or currently insured under title II of the Social Security Act, with no additional payments for 42 USC 401. a child or children so long as the widow or widower remains eligible for payments under that subsection; "(B) 20 per centum under subsection (a)(3) of that section, for one child, and 10 per centum additional for each additional child, not to exceed a total of 75 per centum, where the member died fully or currently insured under title II of the Social Security Act; and "(C) 25 per centum under subsection (a)(4) of that section, if one parent was wholly dependent for support upon the deceased member at the time of the member s death and the other was not dependent to any extent; 16 per centum to each if both were wholly dependent; and if one was, or both were, partly dependent, a proportionate amount in the discretion of the Secretary of Labor; "(2) pa3Tnents may not be made under subsection (a)(5) of that section; and "(3) the Secretary of Labor shall inform the Secretary of Health and Human Services whenever a claim is filed and eligibility for compensation is established under subsection (a)(2) or (a)(3) of section 8133 of title 5. The Secretary of Health and Human Services shall then certify to the Secretary of Labor whether or not the member concerned was fully or currently insured under title II of the Social Security Act at the time of the member's death. "§708. Temporary members of the Reserve; certificate of honor- 14 USC 708. able service "In recognition of the service of temporary members of the Reserve, the Secretary may upon request issue an appropriate certificate of honorable service in lieu of a certificate of disenrollment issued to any person following disenrollment under honorable conditions from service as a temporary member. Issuance of a certificate of honorable service to any person under this section does not entitle that person to any rights, privileges, or benefits under any law of the United States.

    • §709. Reserve student aviation pilots; Reserve aviation pilots; ap- 14 USC 709.

pointments in commissioned grade "(a) Under regulations prescribed by the Secretary an enlisted member of the Reserve may be designated as a student aviation pilot.