Pub. L. 88-452, tit. I, pt. A, sec. 106

application of provisions of federal law

EnactedYear: 1964Length: 447 wordsOfficial source
application of provisions of federal law Sec. 106. (a) Except as otherwise specifically provided in this part, an enrollee shall be deemed not to be a Federal employee and shall not be subject to the provisions of laws relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (b) Enrollees shall be deemed to be employees of the United States for the purposes of the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) and of title II of the Social Security Act (42 U.S.C. 401 et. seq.), and any service performed by an individual as an enrollee shall be deemed for such purposes to be performed in the employ of the United States. (c) (1) Enrollees under this part shall, for the purposes of the administration of the Federal Employees1 Compensation Act (5 U.S.C. 751 et seq.), be deemed to be civil employees of the United States within the meaning of the term “employee” as defined in section 40 of such Act (5 U.S.C. 790) and the provisions thereof shall apply except as hereinafter provided. (2) For purposes of this subsection: (A) The term “performance of duty” in the Federal Employees’ Compensation Act shall not include any act of an enrollee— (i) while on authorized leave or pass; or (ii) while absent from his or her assigned post of duty, except while participating in an activity authorized by or under the direction or supervision of the Corps. (B) In computing compensation benefits for disability or death under the Federal Employees Compensation Act, the monthly pay of an enrollee shall be deemed to be $150, except that with respect to compensation for disability accruing after the individual concerned reaches the age of twenty-one, such monthly pay shall be deemed to be that received under the entrance salary for GS–2 under the Classification Act of 1949 (5 U.S.C. 1071 et seq.), and section 6(d) (1) of the former Act (5 U.S.C. 756 (d)(1)) shall apply to enrollees. (C) Compensation for disability shall not begin to accrue until the day following the date on which the enrollment of the injured enrollee is terminated. (d) An enrollee shall be deemed to be an employee of the Government for the purposes of the Federal tort claims provisions of title 28, United States Code. (e) Personnel of the uniformed services who are detailed or assigned to duty in the performance of agreements made by the Director for the support of the Corps shall not be counted in computing strength under any law limiting the strength of such services or in computing the percentage authorized by law for any grade therein.
Pub. L. 88-452, tit. I, pt. A, sec. 106: application of provisions of federal law | Justis AI