2004 FECA Bulletins which have previously been issued by the DFEC but have since expired or been superseded by another Bulletin, Circular or inclusion in the FECA Procedure Manual.
|
Bulletin |
Subject |
|---|---|
|
Case File Management/Jurisdiction-Special Act Cases |
|
|
ADP - Automated Compensation Payment System (ACPS) Schedule for 2004 |
|
|
Employee – Authorized Providers of Military Honors Funeral Support |
|
|
BPS - Revision in the reimbursement Rates Payable for the Use of Privately Owned Autombiles Necessary to Secure Medical Examination and Treatment |
|
|
Adjudication of Claims - Federal Emergency Management Agency (FEMA) BCT-FY04.nfo Disaster Assistance Employees (DAE) |
|
|
BPS-OWCP-915 - Medical Reimbursement Form and Instructions |
|
|
Compensation Pay: Compensation Rate Changes Effective January 2004 |
Attention: This bulletin has been superseded and is inactive.
FECA BULLETIN NO. 04-01
Issue Date: November 28, 2003
Expiration Date: November 28, 2004
Subject: Case File Management/Jurisdiction-Special Act Cases
Background: Current procedures require that all claims for benefits under the War Claims Act (WC), War Hazards Compensation Act (WH), and those filed by members of the Reserve Officer Training Corps (ROTC) be adjudicated and managed in the National Operations Office (NOO). In addition, current procedures require that all claims filed by returned Peace Corps volunteers be processed and serviced in the NOO until they have been adjudicated, after which they may be transferred to the district office that has general jurisdiction.
Reference: Federal (FECA) Procedure Manual, Chapter 1-200-2 and Chapter 1-200-3.
Purpose: To transfer jurisdiction for all claims filed under the War Claims Act and War Hazards Compensation Act or filed by ROTC cadets (TC) or returned Peace Corps volunteers from the NO (District 25) to the Cleveland District Office (District 9)
Applicability: Regional Directors, District Directors, Claims Examiners, All Supervisors, Systems Managers, Technical Assistants, Rehabilitations Specialists, and Staff Nurses.
Action:
1. Effective immediately, all claims filed by returned Peace Corps volunteers and ROTC cadets, as well as those filed under the War Claims Act and the War Hazards Compensation Act, fall under the jurisdiction of, and should be filed in District 9. All TC, WC and WH claims will be adjudicated and maintained in District 9. New claims for returned Peace Corps volunteers will be adjudicated in District 9. Accepted Peace Corps cases will be transferred to the district office having general jurisdiction.
2. The NOO will forward all existing case files involving War Claims, War Hazards, and ROTC cadets to District 9. Previously accepted Peace Corps cases will be transferred to the district office having general jurisdiction.
3. All mail should continue to be sent to our central mailroom in London, Kentucky. All questions concerning medical bill payment or pre-authorization for medical services should continue to be routed to our central bill processor through either the internet at the OWCP web bill portal, or by telephone at (866) 335-8319.
4. The Cleveland district office address is:
U.S. Department of Labor
Office of Workers' Compensation Programs
1240 East 9th Street, Room 851
Cleveland, Ohio 44199
Disposition: This Bulletin should be retained until incorporated into the Federal (FECA) Procedure Manual, or otherwise superseded.
DEBORAH B. SANFORD
Director for
Federal Employees' Compensation
Distribution: List No. 1--Folioviews Groups A,B,C,D (Regional Directors, District Directors, Claims Examiners, All Supervisors, Systems Managers, Technical Assistants, Rehabilitation Specialists, and Staff Nurses)
Back to Top of FECA Bulletin No. 04-01
Attention: This bulletin has been superseded and is inactive.
FECA BULLETIN NO. 04-02
Issue Date: December 5, 2003
Expiration Date: December 5, 2004
Subject: ADP - Automated Compensation Payment System (ACPS) Schedule for 2004.
Purpose: To provide the 2004 schedule for processing the periodic disability and death payrolls under the ACPS for calendar year 2004.
Applicability: Appropriate National Office and District Office personnel that need to be aware of both the periods and "cut-off" dates for the ACPS periodic disability, death, and weekly payrolls.
Disposition: This Bulletin should be retained in front of Part 5, Benefit Payments, Federal (FECA) Procedure Manual, until the indicated expiration date.
DEBORAH B. SANFORD
Director for
Federal Employees' Compensation
Distribution: List No. 2 -- Folioviews Groups A and D Claims Examiners, All Supervisors, Systems Managers, District Medical Advisors, Technical Assistants, Rehabilitation Specialists, and Fiscal/Bill Pay Personnel)
Attachment
|
CHECK |
PERIOD OF |
BI-WEEKLY PAY PERIODS |
DISTRICT |
N.O. |
|---|---|---|---|---|
|
1 |
12/28/03– 01/24/04 |
12/28/03 – 01/10/04 |
01/14/04 |
01/16/04 |
|
2 |
01/25/04 – 02/21/04 |
01/25/04 – 02/07/04 |
02/11/04 |
02/13/04 |
|
3 |
02/22/04 – 03/20/04 |
02/22/04 – 03/06/04 |
03/10/04 |
03/12/04 |
|
4 |
03/21/04 – 04/17/04 |
03/21/04 – 04/03/04 |
04/07/04 |
04/09/04 |
|
5 |
04/18/04 – 05/15/04 |
04/18/04 – 05/01/04 |
05/05/04 |
05/07/04 |
|
6 |
05/16/04 – 06/12/04 |
05/16/04 – 05/29/04 |
06/02/04 |
06/04/04 |
|
7 |
06/13/04 – 07/10/04 |
06/13/04 – 06/26/04 |
06/30/04 |
07/02/04 |
|
8 |
07/11/04 – 08/07/04 |
07/11/04 – 07/24/04 |
07/28/04 |
07/30/04 |
|
9 |
08/08/04 – 09/04/04 |
08/08/04 – 08/21/04 |
08/25/04 |
08/27/04 |
|
10 |
09/05/04 – 10/02/04 |
09/05/04 – 09/18/04 |
09/22/04 |
09/24/04 |
|
11 |
10/03/04 – 10/30/04 |
10/03/04 – 10/16/04 |
10/20/04 |
10/22/04 |
|
12 |
10/31/04 – 11/27/04 |
10/31/04 – 11/13/04 |
11/17/04 |
11/19/04 |
|
13 |
11/28/04 – 12/25/04 |
11/28/04 – 12/11/04 |
12/15/04 |
12/17/04 |
|
01 |
12/26-04 – 01/22/05 |
12/26/04 – 01/08/05 |
01/19/05 |
01/07/05 |
*ENDING PERIOD IS THE CHECK DATE
FOR EFT PAYMENTS, THE CHECK DATE WILL BE FRIDAY
|
DATE OF CHECK |
DISTRICT OFFICE CUT-OFF DATE |
N.O. TRANSMISSION TO |
|---|---|---|
|
TO ENTER DATA INTO ACPS |
||
|
EACH FRIDAY |
PREVIOUS TUESDAY |
WEDNESDAY |
Back to Top of FECA Bulletin No. 04-02
Attention: This bulletin has been superseded and is inactive.
FECA BULLETIN NO. 04-03
Issue Date: January 5, 2004
Expiration Date: January 5, 2005
Subject: Employee "Authorized Providers" of Military Honors Funeral Support
Background: On January11, 2001, the Department of Defense (DOD) issued Directive 1300.15 setting forth a list of "authorized providers" who could serve as part of an honor guard for the purpose of rendering military funeral support to eligible beneficiaries, upon request. Further, the military services are encouraged to provide elements of honors and use additional uniformed members or other "authorized providers" to augment the funeral honors detail for this purpose. Included among the "authorized providers" are Veterans Service Organizations (VSO), members of the Reserve Officer Training Corps (ROTC) and other appropriate individuals and organizations that support the rendering of Military Funeral Honors.
Purpose: To provide guidance regarding the handling of claims of individuals rendering military funeral support as authorized providers.
Reference: FECA Procedure Manual Chapters 4-0600 and 2-0802; Title5U.S.C. 8140(a) and 8101(1)(B); 10U.S.C. § 1588(e)(4) of the Fair Labor Standards Act; and DODDirective 1300.15.
Applicability: All claims personnel in the National Office and the district offices.
Actions:
1. FECA coverage is afforded to members of ROTC, VSO, and other appropriate individuals and organizations ("authorized providers") which support the rendering of Military Funeral Honors. Authorized providers may complement a Military Funeral Honors detail by rendering additional elements of honors such as a firing party, pallbearers, bugler, or color guard, and the ceremonial folding and presentation of the American flag.
2. It is important for claims staff to note the distinction between coverage under 8101(1)(B) of the FECA as an "authorized provider" and "line of duty" coverage for ROTC members under 8140(a). "Authorized providers" are considered to be civil employees of the United States within the meaning of 5 U.S.C. 8101 (1)(B) when augmenting an Armed Forces Military Funeral Honors detail in accordance with 10 U.S.C. 1588(e). Section 8101(1)(B) refers to persons rendering service to the United States without pay or for nominal pay. As such, the pay rate of authorized providers of funeral honors support, including ROTC members, is determined in accordance with the provisions of 10U.S.C. 1588(d)(4).
3. All claims for benefits by "authorized providers," including ROTC, VSO members and other appropriate individuals and organizations, which support the rendering of military funeral honors, are to be jacketed, adjudicated and maintained in the district office that is local to the employee's duty station. After adjudication, the claimant's home address determines where further processing will occur. The only exception to this policy is where the claimant lives much closer to the DO serving the area of the duty station than to the DO serving the area of residence.
4. If OWCP receives a claim in which the claimant's status as an "authorized provider" is unclear, the CE should contact the appropriate military department, in writing, to ascertain the particular facts prior to the adjudication of the claim. The Secretary of a military department maintains the documentation supporting that an individual is recognized as an "authorized provider."
5. If the CE determines that further development is necessary, he or she must obtain documentation (for the case in the form of a certificate or other appropriate record) which recognizes the claimant as an "authorized provider" of military funeral honors support.
6. The pay rate for all "authorized providers" rendering military funeral honors support is the average monthly number of hours of services provided, times the then prevailing minimum wage under Section 6(a)(1) of the Fair Labor Standards Act, 10 U.S.C. § 1588(d)(4).
7. A brief training should held within 30 days of this issuance to ensure that appropriate practices are implemented.
Disposition: Retain until the indicated expiration date or until incorporated in the FECA Procedure Manual.
DEBORAH B. SANFORD
Director for
Federal Employees' Compensation
Distribution: List No. 1-Folioviews Groups A and D(Claims Examiners, All Supervisors, District Medical Advisors, Systems Managers, Technical Assistants, Rehabilitation Specialist and Staff Nurses)
Back to Top of FECA Bulletin No. 04-03
Attention: This bulletin has been superseded and is inactive.
FECA BULLETIN NO. 04-04
Issue Date: January 16, 2004
Expiration Date: December 31, 2005
Subject: BPS - Revision in the Reimbursement Rates Payable for the Use of Privately Owned Automobiles Necessary to Secure Medical Examination and Treatment.
Background: Effective January 1, 2004, the mileage rate for reimbursement to Federal employees traveling by privately-owned automobile increased to 37.5 cents per mile by GSA. No restriction is made as to the number of miles that can be traveled. As in the past, determination has been made to apply the applicable rate to disabled FECA beneficiaries traveling to secure necessary medical examination and treatment.
Applicability: Appropriate National Office and District Office personnel.
Reference: Chapter 5-0204, Principles of Bill Adjudication, Part 5, Benefit Payments, Federal (FECA) Procedure Manual; Instructions for Submitting Form OWCP-957, Medical Travel Refund Request (For reimbursement of travel and related expenses under the Federal Employees' Compensation Act); and 5 USC 8103.
Action: Instructions for Submitting Form OWCP-957, Medical Travel Refund Request (For reimbursement of travel and related expenses under the Federal Employees' Compensation Act), has been revised to reflect the indicated rate change. A copy of the revised instructions is attached to this bulletin and may be reproduced at local levels. Vouchers being processed for travel periods after January 1, 2004 may be adjusted to reflect this increase.
Disposition: This Bulletin should be retained in Chapter 5 - 0404, Principles of Bill Adjudication, Federal (FECA) Procedure Manual.
DEBORAH B. SANFORD
Director for
Federal Employees' Compensation
Distribution: List No. 2 --- Folioviews Groups A and D (Claims Examiners, All Supervisors, Systems Managers, District Medical Advisors, Technical Assistants, Rehabilitation Specialists, and Fiscal/Bill Pay Personnel)
Attachment
Instruction for Submitting Form OWCP-957
|
Instructions for Submitting Form |
U.S. Department of Labor |
|
--------------------------------------------------------------------------------------------------------------------------------------------- |
|
1. Claim for necessary and reasonable expense incident to travel authorized in accordance with provisions of the Federal Employees Compensation Act may be submitted for consideration on Form OWCP-957. Travel must be by shortest route and, if practicable, by public conveyance (streetcar, bus, boat, or train). Generally, 25 miles from the place of injury, the work site, or the employee's home, is considered a reasonable distance to travel.
2. The Office will promptly reimburse all bills received on the approved form and submitted in a timely manner. However, no bill will be paid for expenses incurred if the bill is submitted more than one year beyond the calendar year in which the expense was incurred or the service/supply was provided, or more than one year beyond the calendar year in which the claim was first accepted by the Office, whichever is later (20 CFR §10.803)
3. Payment will be made for taxicab fare or the hire of special conveyance where streetcars, buses, or other public and regular means of transportation are not available, except where these cannot be used because of the injured employee's disability. If claim is made for payment of expenses for taxicabs in excess of $75 or hire of special conveyances, prior authorization is required.
4. Reimbursement for transportation by automobile owned by an employee or a member of his/her immediate family or another Government employee may be claimed when no public conveyance is available or where the physical condition of the injured employee requires the use of special conveyance. Mileage expenses will be reimbursed at the GSA rate in effect on the date of travel. Mileage expenses will be reimbursed at the following rates for travel during the following periods:
| Dates | Rates |
|---|---|
|
January 1, 1995 to June 6, 1996 |
30.0 cents per mile |
If mileage expense is claimed prior to January 1, 1995, contact your OWCP district office for rates.
5. Claim may be made for parking fees. If travel must be over a toll route, toll charges may be claimed. The form must show the locations where travel began and ended and mode of travel. List each item of expense separately, showing the date incurred, place and cost of the travel.
6. There will be no reimbursement for meals or lodging when travel is for less than 12 hours in total or fewer than 500 miles round trip. If the authorized travel was for longer than 12 hours or greater than 500 miles, and a claim for meals or lodging is made, the dates and hours must be shown on the form. Lodging must receive prior authorization. All charges must be reasonable, and will be reimbursed at the per diem rate for the locality of travel. Any stopover or delay en route must receive prior authorization.
7. If several trips are covered by the same form, list each separately in the spaces provided on the form. Original itemized receipts for amounts in excess of $75 claimed in 5f, 6f and 7f must be furnished.
8. After a Form OWCP-957 has been completed, it must be signed in ink or indelible pencil in the space provided for the payee.
9. The completed form should be mailed to: U.S. Department of Labor, DFEC Central Mailroom, PO Box 8300, London, KY 40742-8300.
10. The form should not be submitted if there is no expense claimed.
Back to Top of FECA Bulletin No. 04-04
Attention: This bulletin has been superseded and is inactive.
FECA BULLETIN NO. 04-05
Issue Date: May 16, 2004
Expiration Date: May 16, 2005
Subject: Adjudication of Claims - Federal Emergency Management Agency (FEMA) Disaster Assistance Employees (DAE).
Background: The Robert T. Stafford Disaster Relief and Emergency Act, P.L. 93-288, as amended, 42 U.S.C. 5121, et. seq. authorizes the FEMA to hire DAEs, by appointment affidavit (contract), to respond to disasters. DAEs have been defined as civil employees under the FECA (FECA PM 2-802). The duration of appointments range from 120 days to 24 months.
There are two types of DAEs: (1) reservists, who are hired on an on-call basis for a two month period, but who must be in a non-pay status for a minimum cumulative period of six months; and (2) local hires, who are hired for a period of 120 days. Both sets of employees are available for work during their respective appointment periods, but are only paid when called for active duty, e.g. travel assignments. As such, DAEs would be classified by OPM as temporary on call employees and would likely be afforded only limited qualified work in a year before a covered injury.
Purpose: To provide guidance on determining COP eligibility, the calculation of pay rates, and determining whether an election of benefits is needed (in the cases of re-employed annuitants) for FEMA DAE employees.
Reference: FECA Procedure Manual 2-807, 2-900, 2-1000-4(a), 20 C.F.R. 10.222(a) (5) and Title 5 U.S.C.8114 (d).
Applicability: All National Office staff and district office claims personnel.
Actions:
1. COP is available to DAEs throughout the course of their appointment period regardless of their "on call" status. Specifically, DAE reservists are on call for a two year period. Although they may not be in a pay status for the full on call period, FEMA instructions state that the reservist is "carried on FEMA personnel rolls for a 24 month period expiring September 30, of every even numbered year."
Accordingly, since reservists are considered employees of FEMA throughout the two year period, COP eligibility ends upon the expiration of that two year term, and not at the end of any period where the reservists might have been called up to active duty. Similarly, the 120 day local hires, though not necessarily in pay status during the 120 day period, are carried on FEMA personnel rolls for that entire period. Therefore, they are eligible for COP during the entire period of their temporary employment.
2. Due to the temporary nature of a DAE's work and the presumably limited, non guaranteed work opportunities available, the pay rate for most DAEs should be determined pursuant to 5 U.S.C 8114(d)(3) and the Federal (FECA) Procedure Manual 2-900-4(c). The claims examiner must establish the pay rate for compensation purposes through the calculation and comparison of (1) the worker's actual earnings throughout the year, including similar non-Federal employment; (2) the yearly earnings of similarly situated employees, using earnings information from such similarly situated employees working the greatest number of hours during the year prior to the injury, in the same or neighboring locality; and (3) the average daily rate of the DAE's regular daily pay schedule or the local prevailing wage rate for the local hires) multiplied by 150 ("150 times" formula). The highest of the three pay rate calculations is selected as the annual rate of pay (2-900-4(c) and is divided by 365 to compute the daily pay rate.
3. A DAE who qualifies as a re-employed annuitant must make an election of benefits between FECA and Office of Personnel Management (OPM) benefits. Section 8116(a) of the FECA requires a claimant who is entitled to FECA disability benefits and retirement benefits from OPM to make an election or choice of benefits. This includes OPM annuitants that have been re-employed while still receiving retirement benefits from OPM.
Disposition: Retain until the indicated expiration date or until incorporated in the FECA Procedure Manual.
DEBORAH B. SANFORD
Director for
Federal Employees' Compensation
Distribution: List No. 1-Folioviews Groups A and D (Claims Examiners, All Supervisors, District Medical Advisors, Systems Managers, Technical Assistants, Rehabilitation Specialists and Staff Nurses)
Back to Top of FECA Bulletin No. 04-05
Attention: This bulletin has been superseded and is inactive.
FECA BULLETIN NO. 04-06
Issue Date: May 16, 2004
Expiration Date: May 16, 2005
Subject: BPS-OWCP-915 - Medical Reimbursement Form and Instructions
Background: Effective March 31, 2004, new Form OWCP-915 should be submitted by all FECA recipients to claim medical reimbursement.
Reference: Federal (FECA) Procedure Manual Chapter 5-0200
Purpose: To notify all FEC staff of the new form to be used by FECA claimants for all reimbursements of medical expenses.
Applicability: Appropriate National Office and District Office personnel.
Action:
1. Effective March 31, 2004, in all cases where a request for the form used to make a claim for medical reimbursement is received; the requestor should be provided with Form OWCP-915, Claim for Medical Reimbursement. Form OWCP-915 is needed for processing requests for reimbursement of out of pocket work-related medical expenses including medical treatment, prescription medication and medical supplies. A copy of Form OWCP-915 is attached to this bulletin and may be reproduced at local levels. When a request for medical reimbursement is made on Form CA-915, the requestor should be advised that Form OWCP-915 is needed for all future medical reimbursement requests. Form OWCP-915 should be provided to the requestor when practical.
2. The instructions for using Form OWCP-915 are included on the reverse of the form and provide guidance for its completion by FECA recipients.
3. Form OWCP-915 should not be used to claim travel reimbursement. Claims for travel reimbursement should be submitted on Form OWCP-957.
4. The National Office will arrange for an initial supply of Form OWCP-915 to be provided to each District Office. The form and instructions will also be available on the DFEC website at http://www.dol.gov/esa/regs/compliance/owcp/forms.htm.
Disposition: This bulletin should be retained until incorporated in the Federal (FECA) Procedure Manual.
DEBORAH B. SANFORD
Director for
Federal Employees' Compensation
Distribution: List No.3-Folioviews Groups A, B, C and D (All FECA Employees)
Back to Top of FECA Bulletin No. 04-06
Attention: This bulletin has been superseded and is inactive.
FECA BULLETIN NO. 04-07
Issue Date: July 23, 2004
Expiration Date: January 1, 2005
Subject: Compensation Pay: Compensation Rate Changes Effective January 2004.
Background: On March 4, 2004, the President signed a retroactive Executive Order implementing a salary increase of 2.70 percent in the basic pay for the General Schedule. The aplicability under 5 U.S.C. 8112 only includes the 2.70 percent increase in the basic General Schedule. Any additional increase for locality-based pay is excluded. The adjustment was made retroactive to an effective date of the first pay period after January 1, 2004.
Purpose: To inform the appropriate personnel of the increased minimum/maximum compensation rates, and the adjustment procedures for affected cases on the periodic death payrolls.
The new rates were effective with the first compensation payroll period beginning on or after January 1, 2004. The new maximum compensation rate payable is based on the scheduled salary of a GS-15, Step 10, which is now $113,674 per annum. The basis for the minimum compensation rate is the salary of $17,568 per annum (GS-2, Step 1).
The minimum increase specified in this Bulletin is applicable to Postal employees.
The effect on 5 U.S.C.8112 is to increase the payment of compensation for disability claims to:
|
Effective January 12, 2004 |
Minimum |
Maximum |
|---|---|---|
|
Monthly |
$1,098.00 |
$7,104.63 |
The effect on 5 U.S.C. 8133(e) is to increase the monthly pay on which compensation for death is computed to:
|
Effective January 12, 2004 |
Minimum |
Maximum |
|---|---|---|
|
Monthly |
$1,464.00 |
$7,104.63 |
Applicability: Appropriate National and District Office personnel
Reference: Memorandum for Directors of Personnel dated December 2003; and the attachment for the 2004 General Schedule.
Action: ACPS will update the periodic disability and death payrolls. Any cass with gross overrides will not have a supplemental record created. Thus, the cases with gross overrides must be reviewed to determine if adjustments are necessary. If adjustment is necessary, a manual calculation will be required.
1. Adjustments Dates.
a. As the effective date of the adjustment was January 11, 2004, and the new minimum,/maximum compensation rates were not established until March 4, 2004, a suplemental payment will be necessary for the periodic disability and death payrolls. For claims entitled to additional compensation due to the increased minimum/maximum rates, the supplemental payment will be dated May 28, 2004.
b. The new minimum/maximum compensation rates are available in ACPS.
3. Minimum and Maximum Adjustment Listings. Form CA-842, Minimum Compensation Pay Rates, and Form CA-893, Maximum Compensation Rates, should be annotated with the new rate information as follows:
|
CA-842 - 01/02/03 |
||||
|
50.68-76.02 |
253.38-380.10 |
50.68 |
253.38(1,013.52) |
1,464.00 |
|
CA-843 - 01/02/03 |
||||
|
327.91 |
1,639.53 (6,558.12) |
7,104.63 |
||
4. Forms. CP-150, Minimum/Maximum Compensation, were generated for each case adjusted. It should be noted that this adjustment process re-calculates EVERY ACPS record from very beginning to current date, thus, it may be that minor changes in the gross compensation are noted; this is not necessarily incorrect. Notices to all payees receiving periodic compensation payments were generated, informing them of potential changes to their compensation benefits.
Disposition: This bulletin is to be retained in Part 5, Benefit Payments Federal (FECA) Procedure Manual, until the indicated expiration date.
NANCY JENSON
Acting Director for
Federal Employees' Compensation
Infobases built before v3.1 have unreliable record IDs.
Distribution: List No. 2- - Folioviews Groups A and D (Claims Examiners, All Supervisors, Systems Managers, District Medical Advisors, Technical Assistants, Rehabilitation Specialists, and Fiscal and Bill Pay Personnel)
Attachment FB 04-06 Medical Reimbursment Form - BPS-OWCP-915
Back to Top of FECA Bulletin No. 04-07
Attachment FB 04-06 Instructions for OWCP-915
Back to Top of FECA Bulletin No. 04-07