Attention: This bulletin has been superseded and is inactive.

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.

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