EEOICPA BULLETIN NO.07-12
Issue Date: April 10, 2007
Effective Date: April 10, 2007
Expiration Date: April 10, 2008
NOTE: This Bulletin updates EEOICPA Bulletin No. 07-10, with a revised attachment consisting of a new “EEOICPA Part B/E Benefits Offset Worksheet”.
Subject: Procedures for deducting payments received for final judgments or settlements from EEOICPA benefits under Parts B and/or Part E.
Background: EEOICPA Bulletin No. 07-10 describes how the claims examiner (CE) is to perform the required offset of Part B and/or Part E benefits to reflect a payment received as an award or settlement of a tort suit for the same exposure to a toxic substance. Those procedures remain in force and are not modified in any way by this Bulletin.
However, this Bulletin replaces the attachment to EEOICPA Bulletin No. 07-10 with a new “EEOICPA Part B/E Benefits Offset Worksheet” that has been slightly modified in order to address some concerns regarding its use.
References: 42 U.S.C. § 7385 and 20 C.F.R. § 30.505(b).
Purpose: To provide a revised attachment to be used to calculate the required offset of Part B and/or Part E EEOICPA benefits.
Applicability: All staff.
1. The CE is to replace the attachment to EEOICPA Bulletin No. 07-10 with Attachment 1 to this Bulletin.
2. Additional revisions to Attachment 1 may be issued to reflect further modifications to the calculations required by section 7385 of EEOICPA, if necessary.
Disposition: Retain until incorporated in the Federal
(EEOICPA) Procedure Manual.
PETER M. TURCIC
Director, Division of Energy Employees
Occupational Illness Compensation
Distribution List No. 1: Claims Examiners, Supervisory Claims Examiners, Technical Assistants, Customer Service Representatives, Fiscal Officers, FAB District Managers, Operation Chiefs, Hearing Representatives, District Office Mail & File Sections