republic-os/legal/us/code/title-34/chapter-101/section-10282.md

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LegalText	34 U.S.C. § 10282	Limitations on benefits	us	united_states_code	code_section	34	CRIME CONTROL AND LAW ENFORCEMENT	101	JUSTICE SYSTEM IMPROVEMENT	10282	34 U.S.C. § 10282	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip	/us/usc/t34/s10282	data/legal/raw/us/code/title-34/usc34.xml	324e71a1812291579db6bfe3c672a6b79ad7d47163ee9ed5b658451ee566e59a	7528207b20373f75fea96478ab5313727f47852e5364ee8c5ea18909f66a9da3	f1c24b58a13fc4d4ae7683311d79ec77b0c1abe694b937a995e9b2f7e5226355	2026-07-04	official	legal us-code

34 U.S.C. § 10282 - Limitations on benefits

Text

(a) In general No benefit shall be paid under this subchapter—

(1) if the fatal or catastrophic injury was caused by the intentional misconduct of the public safety officer or by such officer’s intention to bring about his death, disability, or injury;

(2) if the public safety officer was voluntarily intoxicated at the time of his fatal or catastrophic injury;

(3) if the public safety officer was performing his duties in a grossly negligent manner at the time of his fatal or catastrophic injury;

(4) to any individual who would otherwise be entitled to a benefit under this subchapter if such individual’s actions were a substantial contributing factor to the fatal or catastrophic injury of the public safety officer; or

(5) with respect to any individual employed in a capacity other than a civilian capacity.

(b) Presumption In determining whether a benefit is payable under this subchapter, the Bureau—

(1) shall presume that none of the limitations described in subsection (a) apply; and

(2) shall not determine that a limitation described in subsection (a) applies, absent clear and convincing evidence.

(Pub. L. 90–351, title I, § 1202, as added Pub. L. 98–473, title II, § 609F, Oct. 12, 1984, 98 Stat. 2099; amended Pub. L. 101–647, title XIII, § 1301(b), Nov. 29, 1990, 104 Stat. 4834; Pub. L. 109–162, title XI, § 1164(b), Jan. 5, 2006, 119 Stat. 3120; Pub. L. 112–239, div. A, title X, § 1086(b)(1)(C), Jan. 2, 2013, 126 Stat. 1966; Pub. L. 115–36, § 5, June 2, 2017, 131 Stat. 852.)

Notes

Editorial Notes

Codification Section was formerly classified to section 3796a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior ProvisionsA prior section 1202 of title I of Pub. L. 90–351, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1220; amended Pub. L. 98–411, title II, § 204(a)(2), Aug. 30, 1984, 98 Stat. 1561; Pub. L. 98–473, title II, § 609Z, Oct. 12, 1984, 98 Stat. 2107, contained provisions similar to this section, prior to the general amendment of part L of title I of Pub. L. 90–351 by section 609F of Pub. L. 98–473. Another prior section 1202 of Pub. L. 90–351, title VII, June 19, 1968, 82 Stat. 236, was set out in the Appendix to Title 18, Crimes and Criminal Procedure, prior to repeal by Pub. L. 99–308, § 104(b), May 19, 1986, 100 Stat. 459.

Amendments2017—Pub. L. 115–36 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2013—Pub. L. 112–239, § 1086(b)(1)(C)(i), substituted “fatal” for “death” wherever appearing except in par. (1) following “bring about his”. Par. (1). Pub. L. 112–239, § 1086(b)(1)(C)(ii), substituted “bring about his death, disability, or injury” for “bring about his death or catastrophic injury”. 2006—Par. (5). Pub. L. 109–162 inserted “with respect” before “to any individual”. 1990—Pars. (1) to (4). Pub. L. 101–647 inserted “or catastrophic injury” after “death” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 AmendmentPub. L. 115–36, § 6, June 2, 2017, 131 Stat. 852, provided that: “The amendments made by this Act [enacting section 10288 of this title and amending this section and sections 10285 and 10302 of this title] shall— “(1) take effect on the date of enactment of this Act [June 2, 2017]; and “(2) apply to any benefit claim or application under part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) [now 34 U.S.C. 10281 et seq.] that is—“(A) pending before the Bureau of Justice Assistance on the date of enactment; or “(B) received by the Bureau on or after the date of enactment of this Act.”

Effective Date of 2013 AmendmentAmendment by Pub. L. 112–239 effective Jan. 2, 2013, and applicable to matters pending on Jan. 2, 2013, or filed or accruing after that date, with certain exceptions, see section 1086(d) of Pub. L. 112–239, set out as a note under section 10251 of this title.

Effective Date of 1990 AmendmentAmendment by Pub. L. 101–647 effective Nov. 29, 1990, and not applicable with respect to injuries occurring before Nov. 29, 1990, see section 1303 of Pub. L. 101–647, set out as a note under section 10281 of this title.