EEOICPA BULLETIN NO.07-12   

 

Issue Date:  April 10, 2007

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Effective Date:  April 10, 2007

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Expiration Date:  April 10, 2008

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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.

 

Actions:

 

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

 

Attachment 1

 

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