The National Defense Authorization Act
for Fiscal Year 2008, Public Law 110-181, was enacted on January
28, 2008. Section 1105 of P.L. 110-181 amended the Federal
Employees' Compensation Act (FECA) creating a new section, 5 U.S.C.
§ 8102a effective upon enactment. This section establishes a FECA
death gratuity benefit of up to $100,000 for eligible beneficiaries
of federal employees and Non-Appropriated Fund Instrumentality
(NAFI) employees who die from injuries incurred in connection with
service with an Armed Force in a contingency operation. 5 U.S.C.§
8102a also permits agencies to authorize retroactive payment of the
death gratuity for employees who died on or after October 7, 2001
in service with an Armed Force in the theater of operations of
Operation Enduring Freedom and Operation Iraqi Freedom. 5 U.S.C. §
8102a also allows federal employees to vary the order of precedence
of beneficiaries or to name alternate beneficiaries 20 CFR 10.909,
and 10.911 provides that the CA-40, CA-41, and CA-42 are the forms
to be used to designate beneficiaries and initiate the payment
process for death gratuity benefits. Form CA-40 is an optional form
that requests the information necessary from the employee to
accomplish this variance and to name alternate beneficiaries only
if the employee wishes to do so. Form CA-41 provides the means for
those named beneficiaries and possible recipients to file claims
for those benefits and requests information from such claimants so
that OWCP may determine their eligibility for payment. Further, the
statute and regulations require agencies to notify OWCP immediately
upon the death of a covered employee. CA-42 provides the means to
accomplish this notification and requests information necessary to
administer any claim for benefits resulting from such a
death.
US Code:
5
USC 8102a Name of Law: Amendment to the FECA, Death
Gratuity
PL:
Pub.L. 112 - 81 1121 Name of Law: National Defense
Authorization Act for Fiscal Year 2012
PL:
Pub.L. 110 - 181 1105 Name of Law: National Defense
Authorization Act for Fiscal Year 2008
US Code: 5 USC
8145 Name of Law: Federal Employees' Compensation Act
US Code: 5 USC
8149 Name of Law: Federal Employees' Compensation Act
This reinstatement is being
made without a change to bring back into compliance as it has
expired. The number of claims received for death gratuity has
significantly decreased since the implementation of U.S.C. § 8102a
in 2008. It is anticipated these claims will continually remain low
since OWCP will pay death gratuity benefits minus the amount of any
death gratuity payments that have been paid under any other law of
the United States based on that same death. Only 1 agency report of
death gratuity claim (CA-42) was received between 2016 and 2018,
and there were two designated beneficiaries as noted on the CA-40.
Both of these beneficiaries filed a CA-41 with OWCP. As a reminder,
the CA-40 is an optional form, used only when an employee wishes to
vary the order or preference or designate an alternate beneficiary
for payment. Not all employees choose to fill out this form and
submit it to their employing agency prior to deployment or may
choose to rely on a designation from an earlier deployment.
However, the completed CA-40 must be submitted to OWCP when a claim
for death gratuity benefits is filed. Therefore, the previous
approved number of annual respondents 262 is now 4, which
represents a decrease in 258 respondents. The previously approved
number for burden hours was 67; the requested number now is 1,
which is a decrease of 66.
$97
No
Yes
Yes
No
No
No
No
Marcus Sharpless 202 693-0998
sharpless.marcus@dol.gov
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.