# 20 CFR § 10.410: Who is entitled to compensation in case of death, and what are the rates of compensation payable in death cases?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-20-10.410

## Section

- **Citation:** 20 CFR § 10.410
- **Heading:** Who is entitled to compensation in case of death, and what are the rates of compensation payable in death cases?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 20—Employees' Benefits > CHAPTER I—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR > SUBCHAPTER B—FEDERAL EMPLOYEES' COMPENSATION ACT > PART 10—CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION ACT, AS AMENDED > Subpart E—Compensation and Related Benefits > Compensation for Death

## Text

(a) Pursuant to 5 U.S.C. 8133, benefits may be paid to eligible dependents of an employee whose death results from an injury sustained in the performance of duty. This benefit is separate and distinct from a death gratuity benefit under 5 U.S.C. 8102a and subpart J of this part.
(b) If there is no child entitled to compensation, the employee's surviving spouse will receive compensation equal to 50 percent of the employee's monthly pay until death or remarriage before reaching age 55. Upon remarriage, the surviving spouse will be paid a lump sum equal to 24 times the monthly compensation payment (excluding compensation payable on account of another individual) to which the surviving spouse was entitled immediately before the remarriage. If remarriage occurs at age 55 or older, the lump-sum payment will not be paid and compensation will continue until death.
(c) If there is a child entitled to compensation, the compensation for the surviving spouse will equal 45 percent of the employee's monthly pay plus 15 percent for each child, but the total percentage may not exceed 75 percent.
(d) If there is a child entitled to compensation and no surviving spouse, compensation for one child will equal 40 percent of the employee's monthly pay. Fifteen percent will be awarded for each additional child, not to exceed 75 percent, the total amount to be shared equally among all children.
(e) If there is no child or surviving spouse entitled to compensation, the parents will receive compensation equal to 25 percent of the employee's monthly pay if one parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent, or 20 percent each if both were wholly dependent on the employee, or a proportionate amount in the discretion of the Director if one or both were partially dependent on the employee. If there is a child or surviving spouse entitled to compensation, the parents will receive so much of the compensation described in the preceding sentence as, when added to the total percentages payable to the surviving spouse and children, will not exceed a total of 75 percent of the employee's monthly pay.
(f) If there is no child, surviving spouse or dependent parent entitled to compensation, the brothers, sisters, grandparents and grandchildren will receive compensation equal to 20 percent of the employee's monthly pay to such dependent if one was wholly dependent on the employee at the time of death; or 30 percent if more than one was wholly dependent, divided among such dependents equally; or 10 percent if no one was wholly dependent but one or more was partly dependent, divided among such dependents equally. If there is a child, surviving spouse or dependent parent entitled to compensation, the brothers, sisters, grandparents and grandchildren will receive so much of the compensation described in the preceding sentence as, when added to the total percentages payable to the children, surviving spouse and dependent parents, will not exceed a total of 75 percent of the employee's monthly pay.
(g) A child, brother, sister or grandchild may be entitled to receive death benefits until death, marriage, or reaching age 18. Regarding entitlement after reaching age 18, refer to § 10.417.

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- [20 CFR § 10.411 § 10.411 What are the maximum and minimum rates of compensation in death cases?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.411.md)
- [20 CFR § 10.412 § 10.412 Will OWCP pay the costs of burial and transportation of the remains?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.412.md)
- [20 CFR § 10.413 § 10.413 May a schedule award be paid after an employee's death?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.413.md)
- [20 CFR § 10.414 § 10.414 What reports of dependents are needed in death cases?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.414.md)
- [20 CFR § 10.415 § 10.415 What must a beneficiary do if the number of beneficiaries decreases?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.415.md)
- [20 CFR § 10.416 § 10.416 How does a change in the number of beneficiaries affect the amount of compensation paid to the other beneficiaries?](https://www.frixlaw.com/law-library/statutes/ecfr-20-10.416.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-20-10.410. Check the current official text before relying on it. Not legal advice.