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Premium member Presentation Transcript Human Resources IssuesImpacting Injury Compensation : Human Resources IssuesImpacting Injury Compensation HARRIET CRONIN DOD LIAISON FECA and Personnel Interactions : FECA and Personnel Interactions Many times an individual’s entitlement to FECA benefits will have an effect on other benefits outside the FECA realm. Knowing these interactions will help the ICPA communicate with the personnel specialists to help ensure correct actions take place. FECA and Personnel Interactions : The interactions can be broadly categorized into three groups: Issues when an employee is out of work on LWOP but still employed at the agency Issues when an employee is removed from an agency Issues when separated employee returns to an agency from the compensation rolls FECA and Personnel Interactions Employees Placed on LWOP : Employees Placed on LWOP Employee Placed on LWOP : Employee Placed on LWOP Service Computation Date (SCD) Leave Accrual Within Grade Increases (WGI) Health Insurance Life Insurance Thrift Savings Plan (TSP) Retirement Eligibility LWOP affects the following: Slide 6: Typically, periods of LWOP are credited to a maximum of six months per calendar year for SCD. This limit does not apply to employees on LWOP because of workers’ compensation. The employee SCD should not be adjusted if LWOP was due to a compensable injury. Employee Placed on LWOP: Service Computation Date Slide 7: Periods of LWOP due to compensable injury are fully creditable to meet the time in service requirement to accrue 4, 6, or 8 hours of annual leave No annual or sick leave accumulates while in a LWOP status. Employee Placed on LWOP: Leave Accrual Slide 8: A period of LWOP is creditable when the employee is receiving compensation. Action for the WGI should be processed when due regardless of whether the employee is in a pay or non-pay status. WGI increases do not affect compensation paid. Reference: Guide to Processing Personnel Actions, Chapter 17, Pay and Step Change, Section 17-5 Employee Placed on LWOP: Within-Grade Increases Slide 9: FEHB coverage continues during LWOP for injury. Agency must show on CA-7 (section 10) whether the employee is enrolled and the enrollment code. Employee Placed on LWOP: Health Insurance Slide 10: OWCP deducts premiums from the compensation payments when compensation lasts more than 29 days (regardless of whether or not the enrollment is transferred to OWCP). If fewer than 29 days, the employee is responsible for paying his/her share of the enrollment cost and the employing agency is responsible for its share. Employee Placed on LWOP: Health Insurance Slide 11: Transfer FEHB enrollment to OWCP when: OWCP requests the transfer Ten-Twelve months of LWOP has elapsed without OWCP requesting the transfer. Claimant is eligible to continue FEHB coverage while on compensation if enrolled at time of injury. Reference: DoD Civilian Personnel Manual DoD 1400-25.M SC 810.13.4.4 Employee Placed on LWOP: Health Insurance Slide 12: FEGLI coverage continues during LWOP OWCP deducts FEGLI premiums from the compensation payments when compensation lasts more than 29 days. Agency must notify OWCP on the CA-7 (section 10). Check appropriate box for Basic and appropriate box for Optional. Put FEGLI Code in block that states Class. Employee Placed on LWOP: Life Insurance Slide 13: Transfer FEGLI enrollment when: Twelve months of LWOP has elapsed Claimant is not eligible to continue FEGLI coverage after 12 months LWOP while on compensation if employee has not been enrolled 5 years or 1st opportunity. Waivers can be requested by the Employee To complete FEGLI Actions see DOD 1400 SC810.13.5.2. Employee Placed on LWOP: Life Insurance Slide 14: Employee is not eligible to contribute to TSP while on LWOP. TSP contributions are based on the basic pay the employee earned. An employee receiving OWCP benefits is not receiving basic pay so therefore is not eligible to pay into TSP. Employee Placed on LWOP: Thrift Savings Plan (TSP) Slide 15: IMMEDIATELY UPON INJURED WORKER GOING ON LWOP: If Claimant has an outstanding TSP loan, Agency must notify TSP at the beginning of LWOP. Form used is TSP 41. TSP then contacts Injured Worker regarding repayment. Employee Placed on LWOP: Thrift Savings Plan (TSP) FEDVIP:Vision and Dental Insurance : FEDVIP:Vision and Dental Insurance If claimant is on long term Periodic Roll Claimant must notify FEDVIP at OPM FEDVIP Phone Number: 877-888-3337 FEDVIP includes this employees name on match list to OWCP National Office OWCP begins deductions. Slide 17: Process a personnel action for leave without pay of 80 hours or more granted because of an on-the-job illness or injury. Reference: Guide to Processing Personnel Actions, Chapter 15, Placement in Non Pay or Non Duty Status, Section 15-4 Employee Placed on LWOP: Personnel Actions LWOP Personnel Action:SF-52 : LWOP Personnel Action:SF-52 NOAC: 460 – LWOP NTE (date) Authority Code: Q3K – 5 CFR Part 353 Required Remark: N10 – To (or expected to) be paid under 5 U.S.C. Chapter 81 Reference: Guide to Processing Personnel Actions, Chapter 15, Placement in Nonpay or Nonduty Status, Rule 26 EMPLOYEES RETURNING TO WORK : EMPLOYEES RETURNING TO WORK Slide 21: When compensation ends and the employee returns to duty, OWCP will transfer the enrollment back to the employing agency. The employing agency must complete an SF-2810 to transfer the enrollment in to the agency. Employee Returns from LWOP: Health Insurance Slide 22: If employee returns to duty, agency should inform OWCP of the beginning and ending dates of the pay period the employee returned to duty. OWCP will then certify insurance status back to employment agency. Employee Returns from LWOP: Life Insurance Slide 23: Claimant returns to reemployment from compensation without separation: Time spent in a LWOP status while in receipt of compensation is credited for purposes of retirement. Employee Returns from LWOP: Credit for Retirement LWOP Personnel Action:SF-52 : LWOP Personnel Action:SF-52 NOAC: 292 - RTD Authority Code: Q3K – 5 CFR Part 353 Required Remark (used if the employee received injury compensation during the non pay period): G11 – Employee paid under 5 U.S.C.chapter 81 from (date) through (date). The entire period shall be credited for all rights and benefits based on length of service. Reference: Guide to Processing Personnel Actions, Chapter 16, Return to duty from non pay status Quick Checklist:LWOP : Quick Checklist:LWOP Employee placed on LWOP SCD is unaffected Employee does not accrue leave Employee does not contribute to TSP Ensure OWCP knows FEGLI coverage of employee Transfer FEGLI at 12 Mths LWOP using procedures Ensure OWCP knows FEHB coverage of employee Transfer FEHB to OWCP if appropriate Document LWOP on SF 52 for periods of 80 hours or more Employee returns from LWOP Document return on SF52 WGIs will have been made effective if appropriate Leave accrual will occur at the rate as if the employee never left Inform OWCP of return to work date Complete SF 2810 to transfer FEHB benefits back in to the agency if necessary Time spent in LWOP will count toward retirement Removal from Agency : Removal from Agency Removal from Agency : Removal from Agency If an employee is unable to perform the duties of the position for an indefinite period of time (normally after one year of LWOP), non-disciplinary adverse action may be initiated to remove the employee from Federal service under provision of 5 CFR Part 752. Adverse action should not be initiated until reasonable accommodation attempts have failed or are not practical. Slide 28: Employees who are being removed from agency should apply for retirement benefits to preserve CSRS/FERS right to benefits should compensation terminate or employee’s death unrelated to accepted condition. Must apply for Disability Retirement within 1 year of separation. (The 1-year time limit does not apply to nondisability retirement.) Removal from Agency: Preservation of Benefits Slide 29: CSRS benefits Survivor Annuity is not payable if employee dies and did not fulfill all requirements for retirement. Lump sum credit may be payable. FERS benefits Survivor Annuity may be payable if employee dies and all eligibility requirements are met. Otherwise, lump sum credit may be payable. Removal from Agency: OPM Benefits – Survivor Benefits Slide 30: Must file an application for retirement annuity in order to preserve rights to continued health insurance coverage if compensation ceases. If a timely application for retirement benefits is not filed and workers’ compensation payments later stop, the former employee is not eligible for Temporary Continuation of Coverage (TCC) of health insurance. Removal from Agency: FEHB Benefits Slide 31: Life insurance terminates when compensation stops unless claimant has an approved OPM retirement to which they can switch. There is no 31-day extension of coverage. Exception: If employee is an annuitant and eligible to continue FEGLI as annuitant or RTW in a non-excluded position. Removal from Agency: FEGLI Benefits Slide 32: If an employee is receiving compensation and elects a refund of retirement contributions they could very well be forfeiting future benefits. CSRS, may make redeposit if reemployed FERS, forfeit FOREVER Removal from Agency: CSRS/FERS Refund Slide 33: NOAC: 330 – Removal Authority Code: ZLM – 5 CFR Part 752 Required Remark: N10 – To (or expected to) be paid under 5 U.S.C. Chapter 81 Add Remark: Application for disability retirement must be filed within one year of separation from agency. Reference: Guide to Processing Personnel Actions, Chapter 31, Separations by Other than Retirement Removal Personnel Action: SF-52 Quick Checklist: REMOVAL FROM AGENCY – EMPLOYEE ALREADY COLLECTING COMPENSATION : Quick Checklist: REMOVAL FROM AGENCY – EMPLOYEE ALREADY COLLECTING COMPENSATION Document removal on SF52 Annual leave paid in lump sum Transfer FEHB to OWCP if not already done Employee advised of benefit of filing for disability retirement and time frame to file. Quick Checklist: REMOVAL FROM AGENCY – EMPLOYEE NOT YET COLLECTING COMPENSATION : Quick Checklist: REMOVAL FROM AGENCY – EMPLOYEE NOT YET COLLECTING COMPENSATION Document removal on SF52 File CA-7 with OWCP (include copy of removal paperwork) Transfer FEHB to OWCP Employee advised of benefit of filing for disability retirement and time frame to file Slide 36: Separated Employee Returns to Work No Approved Disability or Voluntary Retirement:Employee separated with NO ANNUITY : No Approved Disability or Voluntary Retirement:Employee separated with NO ANNUITY The time of separation while in receipt of OWCP benefits will be deemed LWOP, and the employee treated as if he/she never left. The employee’s sick leave balance would be restored upon reemployment. SCD is not adjusted FEHB is transferred back to the agency (SF 2810) Approved Disability or Voluntary Retirement:Employee collecting FECA benefits from OWCP : Approved Disability or Voluntary Retirement:Employee collecting FECA benefits from OWCP References CSRS/FERS Handbook Subchapter 60, Disability Retirement CSRS/FERS Handbook Subchapter 102, Relationship Between Retirement Annuity and Compensation for Work-Related Injuries and Diseases Guide to Processing Personnel Actions, Chapter 9, Career and Career Conditional Appointments, Table 9-C Guide to Processing Personnel Actions, Chapter 3, General Instructions for Processing Personnel Actions, Figure 3-4 Approved Disability or Voluntary Retirement:Employee collecting FECA benefits from OWCP : Approved Disability or Voluntary Retirement:Employee collecting FECA benefits from OWCP Employee is considered a reemployed annuitant Title to annuity continues upon reemployment FEHB is transferred back to agency from OWCP Approved Disability or Voluntary Retirement:Employee collecting FECA benefits from OWCP : The National Security Personnel System (NSPS) Act exempted DoD from several sections of Title 5 of the U.S.C. One of the the provisions of NSPS, 9902(j), allowed DoD to reemploy annuitants in DoD positions with continued annuity and no offset to salary. Eligible individuals are defined as “an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund” This category does not include former employees who applied for retirement benefits after being separated as a result of compensable injury or illness, but who elected FECA benefits in lieu of retirement benefits. These individuals are not in receipt of an annuity from the Retirement Fund and therefore do not meet the definition of an individual who is eligible to receive both and annuity and a salary. Approved Disability or Voluntary Retirement:Employee collecting FECA benefits from OWCP REEMPLOYMENT:Approved Disability Retirement: : Time spent out of work collecting compensation does not count toward annuity unless the employee establishes title to a redetermined annuity by working 5 years of actual full-time continuous service (or part time equivalent). The exception to this is if the employee is found to be recovered or restored to earning capacity by OPM. If OPM makes this determination then the time spent on compensation will be creditable toward an annuity without the 5 year requirement. If CSRS must meet the 1 year out of 2 Provision 1 year of creditable service subject to retirement deductions in the 2 years immediately preceding voluntary retirement. REEMPLOYMENT:Approved Disability Retirement: REEMPLOYMENT:Approved Disability Retirement: : For a Finding of Recovery – CSRS only Medical evidence shows that condition improved to the point that the individual is no longer disabled for the position from which they retired OR the individual is permanently employed in a position of the same or higher grade or pay level as the position from which they retired If annuitant is over 60 then recovery will only be found if they request it. Payment of LWEC benefits is considered prima facie evidence that the individual is not fully recovered REEMPLOYMENT:Approved Disability Retirement: REEMPLOYMENT:Approved Disability Retirement: : Restoration to earning capacity - Annuitant will be deemed restored when, in any calendar year in which the individual is under 60, the earnings equal or exceed 80% of the current pay of the position from which the annuitant retired. REEMPLOYMENT:Approved Disability Retirement: REEMPLOYMENT:Approved Disability or Voluntary Retirement: : If the employee does not work 5 years to establish title to a new annuity they would be entitled to a supplemental annuity as long as they worked at least one year of continuous full time service (or its part time equivalent). REEMPLOYMENT:Approved Disability or Voluntary Retirement: EXAMPLE 1:Establishing Right to a New Annuity : EXAMPLE 1:Establishing Right to a New Annuity Claimant with a Disability Annuity entitlement (either CSRS or FERS) returns to work at equivalent pay rate as when separated. Is employee entitled to recomputed annuity to include time on compensation? Claimant must work 5 years, or part-time equivalent, to establish a right to a recomputed annuity , OR. Be found restored by OPM to full earning capacity. After being found restored, if claimant meets the eligibility requirements of a Voluntary Retirement, he or she is entitled to that benefit. If CSRS must meet the 1 year out of 2 Provision 1 year of creditable service subject to retirement deductions in the 2 years immediately preceding voluntary retirement. EXAMPLE 2:Establishing Right to a New Annuity : EXAMPLE 2:Establishing Right to a New Annuity A voluntary nondisability retiree (whether FERS or CSRS) who elected to receive compensation in lieu of annuity is reemployed several years later. Is the reemployed annuitant entitled to a recomputed annuity to include time spent on compensation? No entitlement to a recomputed annuity Must work 5 years of full-time employment to be eligible for a recomputed annuity. Entitled to a supplemental annuity added to the previous annuity based only on the actual period of reemployment. CREDITABLE SERVICE : CREDITABLE SERVICE SEPARATED RETIRED Restoration Rights : Restoration Rights Full recovery within 1 year of compensation Mandatory restoration rights to old position or its equivalent. One year begins as of the date eligibility for compensation began Excludes periods of COP Agency must restore the employee immediately and unconditionally regardless of whether the employee is still on the agency’s rolls or was separated to same position or like position. References: 5 USC 8151; 5 CFR Parts 302, 330, and 353 Restoration Rights : Restoration Rights Full recovery after 1 year Entitled to priority consideration (PC) for former position or an equivalent. Recovered employee must apply for restoration within 30 days of the date compensation ends. PC is given by placing the individual on the agency’s reemployment priority list (RPL) for competitive position or reemployment list for the excepted service. If cannot be placed in former commuting area, he/she is entitled to priority consideration for an equivalent position elsewhere in the agency. Restoration Rights : Restoration Rights Partial recovery No restoration rights to former position. Agencies encouraged to reengineer a job or place employee in a position that meets his/her medical restrictions. If reemployed at lower grade level, agency may elect pay retention or DOL will pay LWEC to compensate for the salary difference. Rehabilitation DEATH GRATUITY for War Zone Deaths : DEATH GRATUITY for War Zone Deaths Paid for Performance of Duty Deaths while serving in the War Zones of Afghanistan, Iraq and contingency operations. Paid by OWCP on accepted Death Cases Charged back to the Agency In addition to compensation paid to eligible survivors REFERENCE: DoD 2008 Appropriations Bill, Section 1105, 5 USC 8102(a). DEATH GRATUITY for War Zone Deaths : DEATH GRATUITY for War Zone Deaths Paid in amount of $100,000. Reduced by amount of any other death gratuity payments Foreign Service Act, Section 1603 – Full Salary, Tax Free Brown Act - $10,000 OWCP Burial Allowance - $800 plus $200 Paid to Eligible Survivors Spouse Children Others designated by the employee REFERENCES : REFERENCES Guide to Processing Personnel Actions http://www.opm.gov/feddata/gppa/gppa.asp CSRS/FERS Handbook http://www.opm.gov/asd/htm/hod.htm DoD Civilian Personnel Manual http://www.cpms.osd.mil/cpm/cpm.htm HARRIET CRONINDOD LIAISONBOSTON/NEW YORK617firstname.lastname@example.org : HARRIET CRONINDOD LIAISONBOSTON/NEW YORK617email@example.com You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.