2022 FECA Bulletins which have previously been issued by the DFEC but have since expired or been superseded by another Bulletin, Circular or inclusion in the FECA Procedure Manual.

Fiscal Year 2022

Bulletin

Subject

FECA Bulletin No. 22-04

Compensation Pay: Compensation Rate Changes for 2022

FECA Bulletin No. 22-05

Compensation Pay - Consumer Price Index (CPI) Cost-of-Living Adjustments

FECA Bulletin No. 22-07

Special Case Handling in Certain Firefighter FECA Claims Processing and Adjudication

FECA Bulletin No. 22-08

Retention Pay for Wildland Firefighters

 

Attention: This bulletin has been superseded and is inactive.

FECA BULLETIN NO. 22-04                                                                                                                                         January 24, 2022

Subject: Compensation Pay: Compensation Rate Changes for 2022

Background: On December 22, 2021, the President signed an Executive Order increasing General Schedule basic pay rates for 2022.

Reference: 2022 General Schedule (Base).

Purpose: To inform the appropriate personnel of the minimum/maximum rates of compensation under the Federal Employees’ Compensation Act for affected cases on the periodic disability and death payrolls.

The maximum compensation rate payable is based on the scheduled salary of a GS-15, Step 10 of $146,757 per annum. The basis for the minimum compensation rate of $22,682 is the salary of a GS-2, Step 1. The actual rates are outlined below.

Effective January 2, 2022

Type

Minimum

Maximum

Weekly

$327.14

$2,116.69

Daily (5-day week)

$65.43

$423.34

 

Effective January 2, 2022

Type

Minimum

Maximum

28-Day Cycle

$1,308.58

$8,466.75

 

Effective January 2, 2022

Type

Minimum

Maximum

Monthly

$1,890.17

$9,172.31
 

Action: The integrated Federal Employees’ Compensation System (iFECS) will be updated with the rate changes for the periodic disability and death payrolls.

Applicability: Appropriate National and District Office personnel.

Disposition: This bulletin is to be retained in Part 5, Benefit Payments, Federal (FECA) Procedure Manual, until the indicated expiration date.

 

Antonio Rios
Director for
Division of Federal Employees’, Longshore and Harbor Workers’ Compensation

Distribution: All FECA Staff

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Attention: This bulletin has been superseded and is inactive.

FECA BULLETIN NO. 22-05                                                                                                                                         January 24, 2022

Subject: Compensation Pay - Consumer Price Index (CPI) Cost-of-Living Adjustments

Purpose: To furnish information on the CPI adjustment process for March 1, 2022.

The cost-of-living adjustments granted to a compensation recipient under the FECA are based on the “Consumer Price Index for Urban Wage Earners and Clerical Workers” (CPI-W) figures published by the Bureau of Labor Statistics (BLS). The annual cost of living increase is calculated by comparing the base month from the prior year to the base month of the current year, with the percentage of increase adjusted to the nearest one-tenth of 1 percent. 5 U.S.C. §8146(a) establishes the base month for the FECA CPI as December.

December 2020 had a CPI-W level of 254.081 and the December 2021 level was reported by BLS as 273.925. This means that the new CPI increase, adjusted to the nearest one-tenth of 1 percent, is 7.8 percent. The increase is effective March 1, 2022, and is applicable where disability or death occurred before March 1, 2021. In addition, the new base month for calculating the future CPI is December 2021.

The maximum compensation rates1, which must not be exceeded, are as follows:

$9,172.31 per month
$8,466.75 each four weeks
$2,116.69 per week
$423.34 per day (for a 5 day week)

Applicability: Appropriate FECA Program personnel.

Reference: FECA Consumer Price Index (CPI) Amendment, dated January 6, 1981; Bureau of Labor Statistics Consumer Price Index Publication for December 2021 (USDL-22-0028).

Action: National Office Production will update the iFECS CPI tables and recalculate all payment records when the iFECS system is not in use by Office personnel. The March 25, 2022 check will be the first check paid at the 2022 rate.

Please note that if there are any cases with fixed gross overrides, those cases must be reviewed to determine if CPI adjustment is necessary. If so, a manual calculation will be required. If the gross override payment is, in fact, eligible for annual CPI increases, the payment plate should be adjusted in the iFECS system to pay as a “Gross Override with CPI.”

  1. CPI Minimum and Maximum Adjustments Listings. Form CA-841, Cost-of-Living Adjustments; Form CA-842, Minimum Compensation Rates; and Form CA-843, Maximum Compensation Rates, should be updated to indicate the increase for 2022. Attached to this directive is a complete list of all the CPI increases and effective dates since October 1, 1966 through March 1, 2023, for reference.
     
  2. Verification of Compensation. If claimants write or call for verification of the amount of compensation paid (possibly for mortgage verification; insurance verification; loan application; etc.), please continue to provide this data in letter form from the district office. Many times a Benefit Statement may not reach the addressee and regeneration of the form is not possible. A letter indicating the amount of compensation paid every four weeks will be an adequate substitute for this purpose.

Disposition: This Bulletin is to be retained in Part 5, Benefit Payments, Federal (FECA) Procedure Manual, until further notice or the indicated expiration date.

 

ANTONIO RIOS
Director for
Division of Federal Employees’, Longshore and Harbor Workers’ Compensation

Attachment: Cost of Living Adjustments

Distribution: All FECA Program Staff

1 Per 2022 General Schedule (Base) 2022 General Schedule (Base).

ATTACHMENT TO FECA BULLETIN NO. 22-05

COST-OF-LIVING ADJUSTMENTS
Under 5 USC §8146(a)

EFFECTIVE DATE

RATE

EFFECTIVE DATE

RATE

10/01/66

12.5%

03/01/90

4.50%

01/01/68

3.7%

03/01/91

6.1%

12/01/68

4.0%

03/01/92

2.8%

09/01/69

4.4%

03/01/93

2.5%

 

 

03/01/94

2.5%

06/01/70

4.4%

03/01/95

2.7%

03/01/71

4.0%

03/01/96

2.5%

05/01/72

3.9%

03/01/97

3.3%

06/01/73

4.8%

03/01/98

1.5%

01/01/74

5.2%

03/01/99

1.6%

07/01/74

5.3%

 

 

11/01/74

6.3%

03/01/00

2.8%

06/01/75

4.1%

03/01/01

3.3%

01/01/76

4.4%

03/01/02

1.3%

11/01/76

4.0%

03/01/03

2.4%

07/01/77

4.9%

03/01/04

1.6%

05/01/78

5.3%

03/01/05

3.4%

11/01/78

4.9%

03/01/06

3.5%

05/01/79

5.5%

03/01/07

2.4%

10/01/79

5.6%

03/01/08

4.3%

 

 

03/01/09

0.0%

04/01/80

7.2%

 

 

09/01/80

4.0%

03/01/10

3.4%

03/01/81

3.6%

03/01/11

1.7%

03/01/82

8.7%

03/01/12

3.2%

03/01/83

3.9%

03/01/13

1.7%

03/01/84

3.3%

03/01/14

1.5%

03/01/85

3.5%

03/01/15

0.3%

03/01/86

N/A

03/01/16

0.4%

03/01/87

0.7%

03/01/17

2.0%

03/01/88

4.5%

03/01/18

2.2%

03/01/89

4.4%

03/01/19

1.8%
   

03/01/20

2.3%
   

03/01/21

1.4%
   

03/01/22

7.8%

Prior to September 7, 1974, the new compensation after adding the CPI is rounded to the nearest $1.00 on a monthly basis or the nearest multiple of $.23 on a weekly basis ($.23, $.46, $.69, or $.92). After September 7, 1974, the new compensation after adding the CPI is rounded to the nearest $1.00 on a monthly basis or the nearest $.25 on a weekly basis ($.25, $.50, $.75, or $1.00).

New compensation rates
Prior to 09/07/74 Eff. 11/1/74

.08-.34 = .23

.13-.37 = .25

.35-.57 = .46

.38-.62 = .50

.58-.80 = .69

.63-.87 = .75

.81-.07 = .92

.88-.12 = 1.00

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Attention: This bulletin has been superseded and is inactive.

FECA BULLETIN NO. 22-07                                                                                                                                  Issue Date: April 19, 2022

Subject: Special Case Handling in Certain Firefighter FECA Claims Processing and Adjudication

Background: The Federal Employees' Compensation Act (FECA) covers injury in the performance of duty; injury includes a disease proximately caused by federal employment. The U.S. Department of Labor's (DOL) Office of Workers' Compensation Programs (OWCP) Division of Federal Employees', Longshore and Harbor Workers’ Compensation (DFELHWC) administers FECA. FECA provides to an employee injured while in the performance of duty the services, appliances, and supplies prescribed or recommended by a qualified physician, which OWCP considers "likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of the monthly compensation." See 5 U.S.C. 8103. The FECA pays compensation for disability or death of an employee resulting from injury in the performance of duty.

Chapter 2-0805-6 of the FECA Procedure Manual provides for special case handling for those employees who are engaged in employment that places them at a high risk for exposure to infectious diseases. Conditions such as HIV infection and hepatitis B more commonly represent a work hazard in health care facilities, correctional institutions, and drug treatment centers, among others, than in Federal workplaces as a whole. More recently, the FECA program recognized high-risk employment for those employees who routinely came in contact with the public and were exposed to COVID-19. See FECA Bulletin 20-05. The same principle that applies for high-risk employment regarding exposure to infectious diseases, also applies to those positions that routinely expose employees to substances that increase the risk of occupational diseases such as cancers, heart disease and lung disease. While all federal employees who contract an occupational disease related to their federal employment are entitled to FECA coverage, special case handling considerations should apply to those employees engaged in high-risk employment.

As the result of the specific exposures that routinely occur in the course of their employment, Federal firefighters are at increased risk of certain types of cancers, heart disease and lung diseasei. Accordingly, firefighters may be considered to be in high-risk employment triggering the application of Chapter 2-0805-6 of the FECA Procedure Manual when filing claims for these specific medical conditions. In such cases, there is an implicit recognition of a higher likelihood of illness related to such federal employment.

OWCP will continue to monitor medical developments in this area and update its list of specific medical conditions as appropriate.

Purpose: To provide targeted instructions to claims staff on the handling of certain occupational disease claims filed by Federal firefighters.

Action: Firefighter FECA claims will be fully developed to establish the five basic elements set forth in 20 CFR 10.115, within the special handling procedures further addressed in items 1-5 below.

  • The claim was filed within the time limits set by the FECA;
  • The injured individual was an employee within the meaning of the FECA;
  • The employee provided factual evidence confirming that the exposure occurred and provided the medical evidence to support the diagnosis;
  • The employee was in the performance of duty when the exposure occurred; and
  • The diagnosis was found by a physician to be aggravated, accelerated, precipitated, or directly caused by work-related activities/exposure.

1. Claim Intake

a. A new special indicator of FIR (Firefighter) has been created within the Employees Compensation and Management Portal (ECOMP) for Federal Firefighters who file claims under the FECA.

b. Claims created with this special indicator will be processed by the Special Claims Unit to ensure consistency in adjudication. See FECA PM 1-0200. After adjudication, these cases will be reassigned to a non-specialized claims examiner.

2. Medical Review

a. The claims examiner should review the evidence submitted to determine if any of the following conditionsii are diagnosed by a valid physician:

1. Esophageal Cancer
2. Colorectal Cancer
3. Prostate Cancer
4. Testicular Cancer
5. Multiple Myeloma
6. Non-Hodgkin’s Lymphoma
7. Leukemia
8. Kidney Cancer
9. Bladder Cancer
10. Brain Cancer
11. Lung Cancer
12. Mesothelioma
13. Buccal Cavity / Pharynx Cancer
14. Larynx Cancer
15. Melanoma
16. Thyroid Cancer
17. Hypertension
18. Coronary Artery Disease
19. A sudden cardiac event or stroke while, or not later than 24 hours after, engaging in engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk, including the prevention, control, suppression, or management of fires
20. Asthma
21. Chronic Obstructive Pulmonary Disease (COPD)
22. Pulmonary Fibrosis

b. If no medical documentation with a diagnosis from a valid physician is present, it should be requested by the claims examiner. The date of initial diagnosis of each qualifying condition should also be requested.

c. If, after appropriate development, no medical evidence is submitted from a valid physician establishing the diagnosis of any medical condition, the claim should be denied on that basis.

d. If, after appropriate development, medical evidence from a valid physician establishes a diagnosis not listed in subpart (a) above, the claims examiner should proceed with adjudication in accordance with established FECA case processing procedures. The claim will not be considered high-risk for purposes of this Bulletin.

e. If, after any necessary development, a diagnosis in subpart (a) from a valid physician is present, the claims examiner should proceed with the analysis addressed in item (4) below.

3. Factual Review

a. Concurrently with the medical review, the claims examiner should review the factual evidence and determine the nature and extent of the claimant’s employment history as it relates to performing fire protection activities. Employees engaged in fire protection activities means a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who (1) is trained in fire suppression (2) has the legal authority and responsibility to engage in fire suppression; (3) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (4) performs such activities as a primary responsibility of their job.

b. The claims examiner should also ascertain the number of years of Federal employment in which the employee was actively engaged in fire protection activities.

c. If the factual evidence necessary for subparts (a) and (b) is not present with the submission of the claim, development should be undertaken and addressed to both the employee and the employing agency. A position description should also be requested.

4. Adjudication/Disposition:

a. The claims examiner should review and document the following information based on the evidence submitted with the claim and following any appropriate development:

1. Years of Federal employment engaged in fire protection activities.
2. Medical Diagnosis
3. Latency Period, defined as the number of years between the employee’s last date of exposure to Federal fire protection activities and the date of initial diagnosis of the qualifying medical condition.

b. In order to be considered a high-risk claim, it must meet all three of the conditions below:

1. The employee must have at least five years of Federal employment engaged in fire protection activities as defined in section 3(a) aboveiii. The five-year period does not need to be consecutive; any Federal employment that meets the definition can be included in the claims examiner’s assessment. For example, if an employee was first engaged in fire protection activities in January of 2008, stopped working in fire protection activities in December 2009, and returned to their fire protection activities from January 2013 through their retirement in November 2017, the total exposure is six years and nine months.

2. The employee must have been diagnosed, by a physician, with a medical condition noted in item 2(a) above.

3. The above diagnosis must have occurred within ten yearsiv of the date of last exposure to Federal firefighting activities. The only exception is with respect to sudden cardiac events or strokes as defined in item 2(a)(19) above. For such cases to meet the high-risk criteria, the cardiac event or stroke must occur while, or not later than 24 hours after, engaging in engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk, including the prevention, control, suppression, or management of fires

c. If the case does not meet all three of the high-risk criteria in 4(b), it does not mean it should automatically be denied. Instead, the claims examiner should develop the claim in accordance with established FECA case processing procedures.

d. If the case meets the high-risk criteria, the claims examiner should refer the case to a District Medical Advisor (DMA) for review and verification that the employee’s Firefighter employment was capable of producing the diagnosed condition. The DMA should be presented with the correct factual framework for the medical opinion requested. A Statement of Accepted Facts (SOAF) should be used for conveying this information and should include a detailed description of the employee’s fire prevention activities.

1. If the DMA responds in the affirmative, the claim should be accepted.

2. If the DMA responds in the negative or requests additional information, development should be undertaken in consultation with the OWCP Medical Director.

5. Death Benefits. Claims for Federal Firefighter death benefits are to be adjudicated in a manner similar to Federal Firefighter disability claims.

a. The claimant has the burden of establishing the essential elements of the claim, which includes the existence of a causal relationship between an employee’s death and a qualifying condition in item 2(a) above.

b. The qualifying medical condition as listed in action item 2(a) above need not be the sole cause of death, and as such the fact that the employee may have other non-work related conditions does not preclude a survivor’s entitlement to benefits.

c. Similar to disability cases, following appropriate development, the claims examiner should refer supportive medical evidence to a DMA in accordance with item 4(d) above.

Disposition: This Bulletin is to be retained until incorporated into the DFELHWC Procedure Manual.

 

ANTONIO RIOS
Director for
Division of Federal Employees’, Longshore and Harbor Workers’ Compensation

Distribution: All DFELHWC Staff

-------------
i LeMaster GK, et al. Cancer risk among firefighters: A review and meta-analysis of 23 studies. J Occup Environ Med. 2006; 48(11): 1189-202; Daniels RD, et al. Mortality and cancer incidence in a pooled cohort of US firefighters from San Francisco, Chicago and Philadelphia (1950-2009). Occup Environ Med. 2014; 71(6): 288-97; Muegge CM, Zollinger TW, Song Y, Wessel J, Monahan PO, Moffatt SM. Excess Mortality Among Indiana Firefighters, 1985-2013. American Journal of Industrial Medicine. 2018; 61:961-967; Tsai RJ et all. Risk of cancer among firefighters in California, 1988-2007. Am J Ind Med. 2015; 58:715-29.

ii Id.

iii Recent studies have demonstrated marked increase in incidence of certain cancers, heart and lung diseases in individuals engaged in fire protection activities for fire years or more. Daniels, RE,et al, Occup Environ Med 2015; 0:1-8. Doi:10.1136/oemed-2014-102671

iv Diana L. Nadler, Igor G. Zurbenko, "Estimating Cancer Latency Times Using a Weibull Model", Advances in Epidemiology, vol. 2014, Article ID 746769, 8 pages, 2014.

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Attention: This bulletin has been superseded and is inactive.

FECA BULLETIN NO. 22-08                                                                                                                                      Issue Date: August 17, 2022

Subject: Retention Pay for Wildland Firefighters

Background: The Bipartisan Infrastructure Law (Infrastructure Investment and Jobs Act) was passed on November 15, 2021. Section 40803(d)(4) of the Act included a provision known as the “$20k/50% provision” that provides for additional compensation to be paid to wildland firefighters.

The definition of “wildland firefighter” as noted in the Bipartisan Infrastructure Law (BIL) applies to “Wildland fire employees that have status (primary or secondary) as firefighters under the retirement laws (5 U.S.C. 8331(21) and 8401(14)), or who would have such status but for exclusion from coverage under the retirement system based on a temporary appointment or intermittent work schedule”.

It has been determined that the provision applies to wildland firefighters with the U. S. Department of the Interior (DOI) and the U.S. Department of Agriculture-Forest Service (USDA). Section 40803(d)(4) of the BIL provides for a salary increase of $20,000 per year, or 50% of the firefighter’s base salary (whichever is less), if the Secretary of the Interior, in coordination with the Office of Personnel Management (OPM), determines the wildland firefighter is located in an area where it is difficult to recruit or retain wildland firefighters. The geographic areas used in making determinations regarding recruitment/retention difficulties are defined by the National Wildfire Coordinating Group (NWCG) Geographic Area Coordination Center (GACC) of the DOI and USDA.

Chapter 2-0900.6(b) of the FECA Procedure Manual provides for administrative inclusions in computing an employee’s pay rate, including retention pay when the employee is in a field which is difficult to staff or requires specific and/or difficult to hire employment.

It has been determined that the salary increase authorized by the BIL constitutes retention pay and should be included in the pay rate of the applicable employees.

Purpose: To provide targeted instructions to claims staff on the inclusion of retention pay in the pay rate for Federal Wildland firefighters per the provisions of the BIL.

Action: The firefighters who are affected by this legislation are those who have effective pay rate dates of October 1, 2021 or later.

A. Pay Rate Inclusion

1. Upon receipt of a compensation claim from a DOI or USDA Wildland Firefighter that yields an effective pay rate on or after October 1, 2021, the claims examiner (CE) should review to determine if the agency reported additional premium pay citing to the BIL. The CE should note that wildland firefighters may fall under the occupation title of Forestry Technician.

2. If DOI or USDA do not report BIL pay for a wildland firefighter for a pay rate effective date on or after October 1, 2021, clarification should be sought to determine why such employee does not qualify for the pay type.

3. If any agency other than DOI or USDA reports BIL pay for a Federal Firefighter, clarification should be sought to determine the legal authority for such a payment.

4. To include BIL pay, the CE should either add $20,000.00 or 50% of the firefighter’s base salary to the annual salary in the pay rate calculation, based upon a review of the firefighter’s base annual salary.

a. If the firefighter’s annual base salary is $40,000.00 or greater, the annual amount of BIL pay equals $20,000.00.

b. If the firefighter’s annual base salary is under $40,000.00, the annual amount of BIL pay equals 50% of the annual base salary.

5. The method for adding the retention pay to the pay rate will be dependent upon the firefighter’s appointment and tour of duty.

a. For firefighters who are paid a fixed annual salary, the CE should add the $20,000.00 annual increase or 50% of the claimant’s annual salary as an additional premium pay element in the pay rate calculation.

b. For firefighters who are paid using the Fair Labor Standards Act (FLSA)-144 hour calculation, the CE should add either $20,000.00 or 50% of the claimant’s annual salary to the base annual salary and recompute the pay rate pursuant to PM 2-0900.8(c).

For example, if yearly pay in the FLSA-144 hour calculation (PM 2-0900.8(c)(1)) was $50,000.00, the annual salary would be adjusted to $70,000.00 and the CE would follow the established formula to compute the pay rate.

6. The salary used for life insurance deductions is not affected by this additional pay and should not be adjusted.

B. Retroactive Pay Increases

OWCP will be reviewing all compensation payments made to USDA and DOI wildland firefighters with pay rate effective dates on or after October 1, 2021 and issuing compensation adjustment payments to reflect the entitlement to BIL pay.

Disposition: This Bulletin is to be retained until incorporated unto the DFELHWC Procedure Manual.

 

ANTONIO RIOS
Director for
Federal Employees’, Longshore and Harbor Workers’ Compensation

Distribution: All DFELHWC Staff

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