EEOICPA BULLETIN NO.02-09   

 

Issue Date: May 7, 2002

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Effective Date: May 7, 2002

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Expiration Date: May 7, 2003

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Subject:  Determination of 250 workdays of employment for EEOICPA claimants.

 

Background:  The eligibility criteria for members of the Special Exposure Cohort (SEC) and claimants of chronic silicosis include a minimum requirement of 250 workdays of employment.  Eligibility for inclusion in the SEC requires that the employee be employed for an aggregate of at least 250 workdays before February 1, 1992, at a Gaseous Diffusion Plant (GDP) (per 20 CFR Part 30.213(a)(1)).  The employee may accumulate the 250 workdays at more than one GDP (20 CFR 30.213(b)).  The eligibility requirements for benefits for chronic silicosis include a requirement of the worker’s presence for an aggregate of at least 250 workdays during the mining of tunnels at a DOE facility in Nevada or Alaska for tests or experiments related to an atomic weapon (per 20 CFR 30.215(a)).

 

In most cases, the determination of 250 workdays of employment is straightforward.  However, there are some cases, where the employee worked for less than a year, where additional guidance is required to calculate the 250 workdays.

 

Reference: Energy Employees Occupational Illness Compensation Program Act of 2000, As Amended, 42 U.S.C. § 7384 et seq., Sections 7384l (14) and (17) and 20 CFR Parts 30.213(a)(1) and (b) and 30.215(a).

 

Purpose:  To clarify the determination of the 250 workday requirement for members of the SEC and claimants for chronic silicosis.

 

Applicability: All staff. 

 

Actions:

 

1.              This approach for determining 250 workdays is applicable to employees at GDPs and workers involved in the mining of tunnels at a DOE facility in Nevada or Alaska for tests or experiments related to an atomic weapon.

 

2.              For the purposes of this Bulletin, a workday will be considered as equivalent to a work shift.  Additional hours worked as overtime will not add up to additional workdays, e.g., two hours overtime for four days is not equivalent to another (8-hour) workday.  However, two work shifts worked back-to-back would be two work shifts, i.e., two workdays.  For an employee whose work shift spans midnight, e.g., 11 PM to 7 AM shift, the work shift is still just one workday.

 

3.              When the employment information shows that the employee worked for a particular period, the CE should not as a rule attempt to discern and deduct from the workday count, infrequent periods of non-presence or non-work, like sick leave, strikes, layoffs or vacation time that may be specified.  However, if the employment evidence clearly establishes that the employee was not present and/or working at the GDP facility or mining site for an extended period(s) while on the company payroll, this extended period(s) should not be credited towards meeting the 250 workday requirement.

 

4.              The period of 250 workdays starts with the worker’s first day of employment at the GDP or mining site.  There may be breaks in employment, but the workdays may only be accumulated at eligible sites, i.e., the three GDPs located in Paducah, KY, Portsmouth, OH, or Oak Ridge, TN, and the mining of tunnels at a DOE facility in Nevada or Alaska.

 


5.              Where the number of days is not apparent in the employee’s primary employment record, e.g., from employer, union (records for pension, dues, union local records, etc.), the following table may used for conversion:

 

 

250 days =

50 five-day weeks, or

 

 

42 six-day weeks, or

 

 

12 months (five-day weeks), or

 

 

10 months (six-day weeks), or

 

 

2,000 hours

 

 

One month =

21 days (if evidence indicates six-day weeks, 25 days

 

 

6.              Where records of an employee’s earnings are available, such as W-2 Forms or Bureau of Data Processing records from the Social Security Administration, but the periods of employment are not, estimate the 250 workdays as follows.  Divide the annual wages earned at the GDP(s) or mining site(s) by the employee’s hourly rate to determine the number of hours worked.  If the number is greater than 2,000 hours, it meets the 250 workday requirement.  The problem with converting dollar amounts to workdays is that they may be rough estimates of actual employment.  As such, this method should only be used when all primary employment data is lacking.

 

7.              There will be some situations where the above approach will not be applicable.  These cases will need to be treated on a case-by-case basis.  For example, non-40 hour workweek for some employees, e.g., firefighters, security guards, will be handled on a case-by-case basis (until more information and experience are gained).

 


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