# § 10282. Limitations on benefits
**(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.
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**Source Credit**: (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.)
## Editorial Notes
### Codification
Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
### Prior Provisions
A prior , as added , , ; amended , , ; , , , contained provisions similar to this section, prior to the general amendment of part L of title I of by .
Another prior , title VII, , , was set out in the Appendix to Title 18, Crimes and Criminal Procedure, prior to repeal by , , .
### Amendments
2017— designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
2013—, substituted “fatal” for “death” wherever appearing except in par. (1) following “bring about his”.
Par. (1). , substituted “bring about his death, disability, or injury” for “bring about his death or catastrophic injury”.
2006—Par. (5). inserted “with respect” before “to any individual”.
1990—Pars. (1) to (4). inserted “or catastrophic injury” after “death” wherever appearing.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2017 Amendment
> **“(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.”
, , , provided that:
### Effective Date of 2013 Amendment
Amendment by effective , and applicable to matters pending on , or filed or accruing after that date, with certain exceptions, see , set out as a note under .
### Effective Date of 1990 Amendment
Amendment by effective , and not applicable with respect to injuries occurring before , see , set out as a note under .