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Workers - Council of Prison Locals - C-33

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(b) Compensarion for total disability ma-v not be less than 75 percent <strong>of</strong> the basic<br />

montiil),pa!,<strong>of</strong> the first step <strong>of</strong> grade 2 <strong>of</strong> the General Schedule or actual pay. uhichever<br />

is less. (Basic monthly pay does not include localitl' adjustments.)<br />

Compensation for Death<br />

Sec. 10.410 Who is entitled to compensation in case <strong>of</strong> death. urd n'hat are ilre rates <strong>of</strong><br />

conrpensation pal able in death cases<br />

(a) If there is no child entitled to compensation. the emplo,vee'surv'iving spouse rvill<br />

1....ir,. compensation equal to 50 percent <strong>of</strong> the emplovee's monthiy pa-v* until death or<br />

remarriage before reaching age 55. Upon remariage. the sun'iving spouse w'ill be paid a<br />

lump sum equal to 24 times the monthly compensation pa1'ment (excluding<br />

compensation payable on account <strong>of</strong> another individual) to which the surv'i\ring spouse<br />

rvas entitled immediately before the remarriage. If remarriage occurs at aqe 55 or older.<br />

the lur-np-sum pa.yment will not be paid and compensation will continue until death-<br />

(b) Iithere is a child entitled to compensation. the compensation forthe sunivins<br />

spouse u.ill equal 45 percent <strong>of</strong> the employee's monthly pay pius 15 percent for each<br />

child. but the total percentage may not exceed 75 percent.<br />

(c) If there is a child entitled to compensation and no surviving spouse. compensation<br />

for one child nill equal 40 percent <strong>of</strong> the empiovee's monthly pay. Fifteen percent u'ill<br />

be au,arded for each additional child. not to exceed 75 percent- the total amount to be<br />

shared equally among all children.<br />

(d) If ihere is no child or surviving spouse entitled to compensation. the parents will<br />

receive compensation equal to 25 percent <strong>of</strong> the employee's monthly puy if one parent<br />

n'as u{roily dependent on the empiol'ee at the time <strong>of</strong> death and the other u'as not<br />

dependent to an-v extent, or 20 percent each if both were wholly dependent on the<br />

employee, or a proportionate amount in the discretion <strong>of</strong> the Director if one or both were<br />

partially dependent on the employee. If there is a child or sun'iving spouse entitled to<br />

torp.ntotion, the parents w.ill receive so much <strong>of</strong> the compensation described in the<br />

preceding sentence as, when added to the total percentages pa-v-able to the surviving<br />

spouse and children. q'ill not exceed a total <strong>of</strong> 75 percent <strong>of</strong> the emplovee's monthiy<br />

pa)'.<br />

(e) lf there is no child. sun'iving spouse or dependent parent entitled to<br />

compensation. the brothers. sisters. grandparents and grandchildren will receive<br />

compensation equai to 20 percent <strong>of</strong> the employ'ee's monthly pa1' to such dependent if<br />

one \\'as rvholll'dependent on the employee at the time <strong>of</strong> death: or 30 percenl if more<br />

than one u'as rvholly dependent, divided among such dependents equally: or l0 percent<br />

if no one rvas rvholl;- dependent but one or more \'!'as partlv dependent, divided among<br />

such dependents equally. If there is a chiid. sun'iving spouse or dependent parent<br />

entitled ro compensation, the brothers. sisters, grandparents and grandchiidren w'ill<br />

receive so much <strong>of</strong> the compensation described in the precedine sentence as. when<br />

added to rhe toral percentages pa)'able to the children. sun'iving spouse and dependent<br />

parents. u'ill not excced e total <strong>of</strong> 75 percent <strong>of</strong> the emplovee'S monthl-v pa)'.<br />

Page 42-

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