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Code of Federal Regulations Pertaining to ESA |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Claims for Compensation Under the Federal Employees' Compensation Act, As Amended |
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| Special Provisions |
20 CFR 10.741 - How are benefits calculated in LEO claims?
- Section Number: 10.741
- Section Name: How are benefits calculated in LEO claims?
(a) Except for continuation of pay, eligible officers and survivors
are entitled to the same benefits as if the officer had been an employee
under 5 U.S.C. 8101. However, such benefits may be reduced or adjusted
as OWCP in its discretion may deem appropriate to reflect comparable
benefits which the officer or survivor received or would have been
entitled to receive by virtue of the officer's employment.
(b) For the purpose of this section, a comparable benefit includes
any benefit that the officer or survivor is entitled to receive because
of the officer's employment, including pension and disability funds,
State workers' compensation payments, Public Safety Officers' Benefits
Act payments, and State and local lump-sum payments. Health benefits
coverage and proceeds of life insurance policies purchased by the
employer are not considered to be comparable benefits.
(c) The FECA provides that, where an officer receives comparable
benefits, compensation benefits are to be reduced proportionally in a
manner that reflects the relative percentage contribution of the officer
and the officer's employer to the fund which is the source of the
comparable benefit. Where the source of the comparable benefit is a
retirement or other system which is not fully funded, the calculation of
the amount of the reduction will be based on a per capita comparison
between the contribution by the employer and the contribution by all
covered officers during the year prior to the officer's injury or death.
(d) The non-receipt of compensation during a period where a dual
benefit (such as a lump-sum payment on the death of an officer) is being
offset against compensation entitlement does not result in an adjustment
of the respective benefit percentages of remaining beneficiaries because
of a cessation of compensation under 5 U.S.C. 8133(c).
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