UNCLASSIFIED (U)

3 FAM 3650

DEATH BENEFITS FOR DEATH IN THE PERFORMANCE OF DUTY

(CT:PER-925;   09-24-2018)
(Office of Origin:  HR/ER/WLD)

3 FAM 3651  GENERAL INFORMATION

3 FAM 3651.1  Authorities

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. The authorities are found in:

(1)  Federal Employees' Compensation Act (FECA), 5 U.S.C. 8101 - 8152; 20 CFR 1.1, 20 CFR 10.1 and 20 CFR 25.1;

(2)  Title VI, Section 651 of Public Law 104-208 (The Omnibus Consolidated Appropriations Act of 1996), effective September 30, 1996;

(3)  Victims of Terrorism Compensation Act, codified in 5 U.S.C. 5570; Executive Order 12598; 22 CFR 192.1; and

(4)  Sections 413, 415, and 416 of the Foreign Service Act of 1980 (22 U.S.C. 3973).

b. For USAID, also see ADS 467, Benefits, and AIDAR, Appendix D and Appendix J.  In addition to direct hires, personal services contract (PSC) employees, both U.S. and FSN, are also covered by these provisions.

3 FAM 3651.2  Introduction

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

Benefits in the event of the death of an U.S. government employee in the performance of duty covered in this section are derived from the authorities listed in 3 FAM 3651.1.  Procedures and guidelines to be followed in processing claims for these death benefits are found in 3 FAM 3652 through 3656.  The Office of Employee Relations (HR/ER) in the Department of State, in consultation with HR/OCA, and L, provide interpretive and advisory services relating to policy aspects of death benefits.

3 FAM 3652  BENEFITS UNDER THE FEDERAL EMPLOYEES’ COMPENSATION ACT (FECA)

3 FAM 3652.1  Eligibility

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

Benefits under FECA are payable when an employee dies as a result of an injury sustained in the performance of duty.  For purposes of these benefits, “employee” is generally defined as an officer or employee in any branch of the government of the United States, individuals serving in an uncompensated capacity, such as unpaid interns or an individual rendering personal services similar to that of an officer or employee, other than an independent contractor (see 5 U.S.C. 8101).  The Office of Workers’ Compensation Programs (OWCP), in the Department of Labor, administers FECA benefits and maintains records of all claims under 5 U.S.C. 8101, et. seq.  An eligible dependent or the personal representative of the deceased must file a claim for benefits with OWCP within three years after the death.

3 FAM 3652.2  Amount Payable

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. Under FECA, the following benefits may be payable with respect to an employee, as defined in 5 U.S.C. 8101, who is a U.S. citizen or resident of the United States, any territory or Canada:

(1)  At the discretion of the Secretary of Labor, burial and funeral expenses (generally up to $800) under 5 U.S.C. 8134(a);

(2)  $200 payable under 5 U.S.C. 8133(f) for reimbursement of costs of termination of decedent’s status as an employee of United States; and

(3)  Monthly compensation will be paid to eligible dependents, as defined in 5 U.S.C. 8133.  Payments will be for the lifetime of the widow or widower if he or she does not remarry before age 55.  Remarriage after age 55 does not affect benefits.  Children are eligible to receive a monthly compensation until age 18 (or age 23 if they remain full-time students, and for life if they are disabled and incapable of self-support).  Total compensation payments (for spouse and children) must not exceed 75 percent of the employee’s base salary at the time of death.

b. Employees who are not citizens or residents of the United States, any territory, or Canada are eligible for benefits under FECA as set forth in 5 U.S.C. 8137, 5 U.S.C. 8138 and 20 CFR 25.1.

c.  An eligible survivor, as defined in 5 U.S.C. 8102a, of any employee, as defined in 5 U.S.C. 8101, who dies of injuries incurred in connection with the employee’s service with an Armed Force in a contingency operation may be entitled to receive a death gratuity payment of up to $100,000 under 5 U.S.C. 8102a, which will be reduced by any death gratuity paid under Section 413 of the Foreign Service Act of 1980, (see 3 FAM 3653), Section 651 of Public Law 104-208 (see 3 FAM 3654), Section 1603 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 or any other law of the United States based on the same death.

3 FAM 3652.3  Recipient(s)

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. With respect to an employee as defined in 5 U.S.C. 8101 who is a U.S. citizen or resident of the United States, any territory or Canada: the burial and funeral expenses under 3 FAM 3652.2 are payable to the personal representative of the deceased employee.  The monthly compensation payment described in 3 FAM 3652.2(a)(3) can only be made to an eligible survivor or survivors and must be made as follows:

(1)  50 percent to the widow or widower, if there is no child;

(2)  45 percent to the widow or widower with a child, and an additional 15 percent for each child not to exceed a total of 75 percent;

(3)  40 percent for one child and an additional 15 percent for each additional child not to exceed a total of 75 percent divided among the children, if there is no widow or widower;

(4)  25 percent, if there is no widow or widower, or child, to one dependent parent of the employee at the time of death, or 20 percent to each parent if wholly dependent; or

(5)  If there is no survivor entitled to payment, no payment will be made.

b. With respect to an employee as defined in 5 U.S.C. 8101 who is neither a citizen nor resident of the United States, any territory or Canada, compensation is in accordance with 5 U.S.C. 8137, 5 U.S.C. 8138 and 20 CFR 25.1, the terms "widow", "widower", "child", and "parent" have the same meaning given to such terms under 5 U.S.C. 8101.

c.  In accordance with 5 U.S.C. 8116, monthly compensation payment under FECA cannot be received concurrent with a survivor annuity under a retirement system for U.S. government employees, e.g., Civil Service Retirement System (CSRS), Federal Employees Retirement System (FERS), Foreign Service Retirement and Disability System (FSRDS), or Foreign Service Pension System (FSPS).  The survivor must choose among FECA benefits and CSRS, FERS, FSRDS, or FSPS retirement benefits.

3 FAM 3652.4  Application

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

Applicants for death benefits are responsible for completing the necessary forms and obtaining the necessary supporting documentation.  Action offices (see 3 FAM 3652.6) within the responsible employing agency of the deceased employee will assist the eligible survivor(s) in the application for benefits (e.g., answer questions regarding the procedures for filing for death benefits, provide claim forms and ensure that forms are completed properly and provide assistance with the filing process through OWCP).  Claims will be processed in accordance with 3 FAM 3652.6.

3 FAM 3652.5  Documentation to Accompany Application

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. The following forms or documentation must be submitted by the eligible survivor(s) to OWCP, Department of Labor, (through the appropriate action office listed in 3 FAM 3652.6) when applying for death benefits:

(1)  Form CA-5, Claim for Compensation by Widow, Widower, and/or Children, as appropriate;

(2)  Form CA-5-B, Claim for Compensation by Parents, Brothers, Sisters, Grandparents, or Grandchildren, as appropriate;

(3)  Form CA-6, Official Supervisor’s Report of Employee’s Death;

(4)  Name(s) and address(es) of eligible surviving family members; only, where applicable, submit;

(5)  Marriage certificates;

(6)  Birth certificates for each child (to show age and the legal relationship upon which the claim is based);

(7)  For prior marriage, surviving widow(er) must present proof that prior marriages have been dissolved (e.g., divorce decree, dissolution papers, or death certificate of previous spouse(s)); and

(8)  Itemized burial bills (receipted, if paid).

b. OWCP, Department of Labor will review the application, assign a case number, and render a decision on the claim for death benefits.  OWCP operates the government-wide system of records for death benefit claims.

3 FAM 3652.6  Action Office—Processing Claim

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. Submit forms and documentation to OWCP, Department of Labor through the following action offices:

State

U.S. Department of State
Office of Employee Relations (HR/ER)
Room H-236, SA-1
2401 E Street, NW
Washington, DC 20037

USAID

U.S. Agency for International Development
Office of Human Resources, Labor and Employee and Performance Management Division (M/HR/LERPM)
1300 Pennsylvania Avenue, NW
Washington, DC 20523

USAGM

U.S. Agency for Global Media
330 Independence Avenue, SW
Washington, DC 20237

USDA

USDA/FAS-HRD-PMBAB-Stop 0595
1400 Independence Avenue, SW
Washington, DC 20250-0595

Commerce

Department of Commerce
Office of Foreign Service Personnel (USFCS/OFSP)
Room 3226H
1401 Constitution Avenue, NW
Washington, DC 20230

b. Once an application for benefits under FECA (3 FAM 3652) has been approved by OWCP, Department of Labor, the appropriate action office in each agency (see above) will take the necessary steps to determine whether the death gratuities under Section 413 of the Foreign Service Act of 1980 and Public Law 104-208 may be paid.

c.  A copy of the written approval by OWCP, Department of Labor, will be submitted by OWCP to the appropriate action office.

3 FAM 3653  DEATH BENEFITS UNDER SECTIONS 413, 415, AND 416 OF THE FOREIGN SERVICE ACT OF 1980

3 FAM 3653.1  Eligibility

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. Death Gratuity:

(1)  Foreign Service Employees.  Section 413 of the Foreign Service Act of 1980, (“Section 413”) allows for payment of a death gratuity to the surviving dependents of any Foreign Service employee who dies as a result of injuries sustained in the performance of duty abroad.  “Foreign Service employee” has the same meaning as “member of the Foreign Service” in section 103 of the Foreign Service Act of 1980 and includes foreign nationals and U.S. citizens appointed under section 303 thereof; and

(2)  Other Employees and Unpaid Interns.  The death gratuity benefit provided under Section 413 is available to the surviving dependents of any other employee of the Department of State or other relevant agency (as “employee” is defined under 5 U.S.C. 8101, see 3 FAM 3652.1), including but not limited to an individual employed under a personal services agreement (“PSA”) or personal services contractor (“PSC”) pursuant to 22 U.S.C. 2669(c) or an individual serving in an uncompensated capacity, who dies as a result of injuries sustained in the performance of duty abroad while subject to the authority of the chief of mission pursuant to section 207 of the Foreign Service Act of 1980 (“Section 207”).

b. Life Insurance Supplement:

(1)  Foreign Service Employees.  Section 415 of the Foreign Service Act of 1980 (“Section 415”) allows for payment of a life insurance supplement to any Foreign Service employee who dies from injuries sustained as a result of terrorism while on duty abroad; and

(2)  Other Employees and Unpaid Interns.  The life insurance supplement provided under Section 415 is available to any other employee of the Department of State or other relevant agency (as “employee” is defined under 5 U.S.C. 8101, see 3 FAM 3652.1), including but not limited to an individual employed under a PSA or PSC pursuant to 22 U.S.C. 2669(c) or an individual serving in an uncompensated capacity, who dies from injuries sustained as a result of terrorism while on duty abroad and subject to the authority of the chief of mission pursuant to Section 207.

c.  Educational Assistance:

(1)  Foreign Service Employees.  Section 416 of the Foreign Service Act of 1980 (“Section 416”) allows for payment of educational assistance to the eligible survivors (as defined in 3 FAM 3653.4(c)) of any U.S. national Foreign Service employee who dies from injuries sustained as a result of terrorism while on duty abroad; and

(2)  Other Employees and Unpaid Interns.  The educational assistance authorized under Section 416 is available to the eligible survivors of any U.S. national employee of the Department of State or other relevant agency (as “employee” is defined under 5 U.S.C. 8101, see 3 FAM 3652.1), including but not limited to a U.S. national employed under PSA or PSC pursuant to 22 U.S.C. 2669(c) or a U.S. national serving in an uncompensated capacity, who dies from injuries sustained as a result of terrorism while on duty abroad and subject to the authority of the chief of mission pursuant to Section 207.

3 FAM 3653.2  Authorization of Claims

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. The following officials are authorized to approve payment of benefits under Sections 413, 415, and 416 to survivors of eligible employees under their respective authority:

Agency

Authorizing Official

State

Director General of the Foreign Service and Director of Human Resources (Delegation of Authority DA-372, dated 4/4/2014)

USAID

Director, Office of Human Resources

USAGM

Director of Personnel (Office of Personnel and Administration)

USDA

Deputy Assistant Secretary for Personnel, Department of Agriculture

Commerce

Director, Office of Foreign Service Human Capital, Global Markets

b. For agencies not listed above but subject to Sections 413, 415, and 416, the authorizing official is the relevant agency’s Director of Human Resources (or equivalent official).

c.  For the purposes of determining whether an individual is eligible for prospective benefits under Sections 415 and 416, or for retroactive benefits under Sections 413, 415, and 416, the Secretary of State has sole authority to determine whether the individual’s death resulted from terrorism, as defined under 22 U.S.C. 2656f(d).

3 FAM 3653.3  Amounts Payable

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. Death Gratuity:

(1)  The death gratuity payable under Section 413 will be equal to one year’s salary at Level II of the Executive Schedule (see 5 U.S.C. 5313) at the time of death for all eligible employees, except employees compensated under local compensation plans established under section 408 of the Foreign Service Act of 1980 (“LCPs”) and locally employed individuals serving in an uncompensated capacity, who will receive the greater of (i) one year’s salary at the time of the employee’s death or (ii) one year’s basic salary at the highest step of the highest grade on the employee’s LCP at the time of death (or, for locally employed individuals serving in an uncompensated capacity, the LCP governing the post in which the individual served);

(2)  For deaths of Foreign Service employees that occurred prior to January 17, 2014, as a result of injuries sustained in the performance of duty abroad but not as result of terrorism, the death gratuity will be equal to one year’s salary at the time of death.  Where such deaths occurred as a result of terrorism, the death gratuity amounts are provided in 3 FAM 3653.5; and

(3)  This death gratuity will be paid by the employing agency in addition to benefits payable under other authorities, including FECA (see 3 FAM 3652), Public Law 104-208 (see 3 FAM 3654), and Sections 415 and 416.

b. Life Insurance Supplement:

(1)  Eligible employees, as defined in 3 FAM 3653.1(b), other than those described in paragraph (2) below, will receive from the employing agency a life insurance supplement payment under Section 415 in an amount of $400,000, in addition to any employer provided life insurance policy coverage; and

(2)  Employees compensated under LCPs, or individuals hired locally and serving in an uncompensated capacity, will receive from the employing agency a life insurance supplement payment under Section 415 in an amount equivalent to two and a half years’ basic salary at the highest step of the highest grade on the employee’s LCP at the time of death (or, for locally employed individuals serving in an uncompensated capacity, the LCP governing the post in which the individual served), not to exceed the equivalent of $400,000.  This amount is in addition to any employer provided or supported life insurance policy coverage.

c.  Educational Assistance:

(1)  The amount of educational assistance payable by the employing agency under Section 416 may not exceed the monthly amounts provided for in 38 U.S.C. 3532, as adjusted by 38 U.S.C. 3564, and will be paid for up to the equivalent of 48 months of full-time educational assistance; and

(2)  The purpose of the educational assistance authorized by Section 416 is to meet, in whole or in part, the expenses incurred by the beneficiary in pursuing a program of education at a post-secondary educational institution, including subsistence, tuition, fees, supplies, books, equipment, and other educational costs.

3 FAM 3653.4  Recipient(s)

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. Death Gratuity:

(1)  Only a surviving dependent entitled to elect monthly compensation benefits under FECA (see 3 FAM 3652.3) is eligible for payment of a death gratuity payable under Section 413.  The OWCP in the Department of Labor determines whether an employee’s death occurred in the line of duty.  See 3 FAM 3652.6;

(2)  A death gratuity under Section 413 will be paid by the employing agency only to an eligible survivor or survivors, as described above, and in the following order:

(a)  To the widow or widower;

(b)  If there is no widow or widower, then to the child or children in equal shares;

(c)  If there is no widow or widower, or child, then to the dependent parent or parents in equal shares; and

(d)  If there is no survivor entitled to payment, no payment will be made.

(3)  The terms “widow,” “widower,” “child,” and “parent” have the same meaning given to such terms under 5 U.S.C. 8101.

b. Life Insurance Supplement:

(1)  A life insurance supplement under Section 415 will be paid by the employing agency to the beneficiary designated in the employee’s employer-provided or employer-supported life insurance policy, if any; and

(2)  If the employee did not designate a beneficiary, or did not have an employer-provided or employer-supported life insurance policy, then the life insurance supplement will be paid by the employing agency according to the default order of precedence set by the Federal Employees’ Group Life Insurance Program, 5 U.S.C. 8705.

c.  Educational Assistance:

(1)  Educational assistance under Section 416 will be available to an eligible employee’s widow or widower for 10 years from the date of the employee’s death, and to the eligible employee’s children from ages 18 (or the time of secondary school completion, if earlier) to 26; and

(2)  In order to provide an equivalent window of eligibility for the beneficiaries of employees who died between April 18, 1983, and January 16, 2014, educational assistance will be available to such eligible employee’s:

(a)  Widow or widower until March 18, 2024; and

(b)  Child, who was:

(i)     Under age 18 at the time of the employee’s death, until March 18, 2022, or the date on which the child reaches age 26, whichever is later; or

(ii)    Between ages 18 and 26 at the time of the employee’s death, until the date after March 18, 2014, calculated by adding the number of days between the date of the employee’s death and the date on which the child reaches age 26.

3 FAM 3653.5  Retroactivity and Notificaiton

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. Generally.  Sections 413, 415, and 416 apply retroactively to line-of-duty deaths abroad that occurred on or after April 18, 1983 and resulted from terrorism, as determined by the Secretary of State.  See 3 FAM 3653.2(c).

b. Notification.  The employing agency will attempt to notify all potentially eligible beneficiaries of its employees under Sections 413, 415, and 416 or, if they are unavailable, their representatives or family members.

c.  Applications:

(1)  Applications for retroactive benefits under Sections 413, 415, and 416 should be in writing, addressed to the Director of Human Resources or equivalent official of the employee’s employing agency, and should contain all identifying and other pertinent information available to the applicant about the deceased employees and potential beneficiaries;

(2)  Applications arising from deaths that occurred before January 17, 2014, must be filed by March 18, 2016.  Applications for benefits from deaths that occurred on or after January 17, 2014, must be filed within two years of the date of death or March 18, 2016, whichever is later; and

(3)  Late-filed applications may be considered when in the opinion of the authorizing official (specified in paragraph (1)) indicate there is good cause for the late filing.

d. Retroactive Adjustment of Death Gratuities for Deaths Prior to January 17, 2014.  For deaths of Foreign Service employees (or individuals employed pursuant to 22 U.S.C. 2669(c) under a PSA or PSC that authorized the payment of a Section 413 death gratuity) that occurred between April 18, 1983 and January 16, 2014, from injuries sustained as a result of terrorism while on duty abroad and subject to the authority of the chief of mission pursuant to Section 207, the amount of the death gratuity will be equivalent to one year’s salary at Level II of the Executive Schedule (see 5 U.S.C. 5313) at the time of death, offset by any Section 413 death gratuity already paid to any of the employee’s surviving dependents.

e. Retroactive Payment of Educational Expenses:

(1)  An eligible employee’s widow, widower, or children may receive retroactive payment for education assistance to meet educational expenses incurred after the death of the eligible employee but prior to March 18, 2014, by such widow, widower, or child.  An eligible child may receive educational assistance under Section 416 up to the number of days between the date of the employee's death and the date on which the child reaches (or reached) age 26, not to exceed the equivalent of 48 months of full-time educational assistance as provided in 3 FAM 3653.3(c)(1);

(2)  The Secretary (or the head of another relevant agency) may elect to provide eligible survivors with a flat-rate reimbursement, up to the maximum amount of educational assistance authorized under Section 416 for the year in which the payment is made, where he or she determines that reimbursement for actual expenses incurred is overly burdensome or not feasible;

(3)  The eligible survivor must provide evidence that he or she pursued, after the death of the eligible employee, a program of education at an educational institution; and

(4)  An eligible survivor may receive educational assistance under Section 416 up to the amounts provided under 3 FAM 3653.3(c)(1) during any period of prospective or retroactive eligibility.  See 3 FAM 3653.4(c), 3 FAM 3653.5(e)(1).

f.  Adjustments to Amount of Retroactive Payment.  The Secretary (or the head of another relevant agency) retains sole discretion to adjust the amount of a retroactive death gratuity or educational assistance payable to an eligible surviving beneficiary under Sections 413 or 416, respectively, or the amount of the life insurance supplement payable under Section 415 to an employee compensated under an LCP (or an individual hired locally and serving in an uncompensated capacity), to account for inflation, exchange rate fluctuation, or other relevant factors.

3 FAM 3654  BENEFITS UNDER PUBLIC LAW 104-208

3 FAM 3654.1  Eligibility

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. Title VI, Section 651 of Public Law 104-208 (the Omnibus Consolidated Appropriations Act of 1996) provides that agency heads may pay an amount up to $10,000 as a death gratuity to the personal representative of any Federal civilian employee who dies from an injury sustained in the performance of duty on or after August 2, 1990.  This includes an employee who dies after separation from service if the death is the result of an injury sustained in the line of duty.  Benefits under this provision are reduced by certain amounts payable under FECA (3 FAM 3652.2, items (a)(1) or (2)) and under a local burial benefit for locally employed staff.

b. For purposes of this death gratuity payment, "employee" includes:

(1)  All Foreign Service and Civil Service employees regardless of duty station, including Locally Employed Staff employees); and

(2)  Individuals employed under personal service contracts or agreements where the employing agency has the authority to treat such individuals as employees for purposes of this death gratuity benefit.  For USAID, it includes individuals employed under personal service contracts.

c.  The gratuity payment is not payable in cases where the agency head or delegate determines that the employee's death was the result of willful misconduct.

d. See 22 U.S.C. 2396(a)(3) for benefits payable to USAID’s personal services contract employees.

3 FAM 3654.2  Authorizing Official

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

The agency head or delegate must approve the payment and amount of this death gratuity benefit:  (Refer to 3 FAM 3653 or 3 FAM 3654.2.)

(1)  For State:  The Undersecretary for Management has been delegated authority to approve payment of a death gratuity under Public Law 104-208;

(2)  For USAID:  The Director, Office of Human Resources, is authorized to approve payment of a death gratuity under Public Law 104-208; and

(3)  For other Foreign affairs agencies:  Contact the appropriate authorizing official.

3 FAM 3654.3  Amount Payable

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. Payment of this death gratuity may not exceed $10,000 per employee inclusive of amounts payable under FECA (3 FAM 3652.2, items (a)(1) and (2)) and/or pursuant to a local compensation plan or a personal services contract or agreement that are specifically designated for funeral and/or burial expenses.

b. This amount is in addition to benefits that may be payable under Section 413 of the Foreign Service Act (3 FAM 3653).

3 FAM 3654.4  Recipient(s)

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

The payment must be made to the personal representative of the deceased employee. The Department will consider as the personal representative the formally designated executor or administrator of the employee's estate pursuant to the applicable state law or host country law.

3 FAM 3655  ELIGIBILITY FOR BENEFITS UNDER THE VICTIMS OF TERRORISM COMPENSATION ACT

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees, Foreign Service Employees, and Locally Employed Staff)

a. The Victims of Terrorism Compensation Act provides for payment of compensation for the death of an employee or family member of an employee if the death:

(1)  Was caused by hostile action;

(2)  Was a result of the individual’s relationship with the U.S. Government; and

(3)  Resulted from an injury that occurred after January 21, 1981.

b. Detailed regulations are found at 22 CFR 192.1.

3 FAM 3656  Additional Benefits and Forms

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees and Foreign Service Employees)

Additional death benefits may be payable including Federal Employees Group Life Insurance (FEGLI), Thrift Savings Plan (TSP), employee retirement contributions, and unpaid compensation that includes, final salary, and a lump sum payment for unused annual leave.  To apply for these benefits, the survivor must obtain, complete, and return the forms, listed below, to the Office of Casualty Assistance for further processing (State Department only).  Action offices for other agencies are listed in 3 FAM 3652.6.  The forms are:

(1)  Form FE-6, Claim for Death Benefits—Federal Employees Group Life Insurance;

(2)  Form SF-2819, Notice of Conversion Privilege—Federal Employees Group Life Insurance;

(3)  Form TSP-17, Information Relating to Deceased Participant – Thrift Savings Plan;

(4)  Form SF-2800, Application for Death Benefit, Civil Service Retirement System (CSRS); or Form SF-3104, Application for Death Benefits, Federal Employees Retirement System (FERS); or Form DS-5022, Application for Death Benefits, Foreign Service Pension System (FSPS) and Foreign Service Retirement and Disability System (FSRDS), as appropriate;

(5)  Form SF-1153, Claim for Unpaid Compensation of Deceased Civilian Employee—To receive final salary and lump sum annual leave payments; and

(6)  Form SF-2810, Notice of Change in Health Benefits Enrollment, is completed to provide health benefits coverage to eligible family members of an employee who was killed in performance of duty.

3 FAM 3657  flag recognition benefit for fallen federal civilian employees

(CT:PER-925;   09-24-2018)
(Uniform State/USAID/USAGM/Commerce/USDA and other Participating Agencies)
(Applies to Civil Service Employees and Foreign Service Employees)

a. Under the Civilian Service Recognition Act of 2011 (Public Law 112-73) and implementing OPM regulations (5 CFR 550, Subpart O), an authorized Department official may furnish one United States flag to a beneficiary of a Department employee who died on or after December 20, 2011, of injuries incurred in connection with such individual's employment with the federal government suffered as a result of a criminal act, an act of terrorism, a natural disaster, or other circumstances (as determined by the President).

b. The Department may not provide a flag for an employee when such individual's death is the result of an unlawful or negligent action of the employee, willful misconduct of the employee, or activities unrelated to the employee's status as a federal employee.

c.  The beneficiary of this flag benefit is determined according to the following order of precedence:

(1)  The widow or widower;

(2)  If none, to a child (including step, foster, or adopted child), according to age (i.e., oldest to youngest);

(3)  If none, to a parent (including step, foster, or adoptive parent);

(4)  If none, to a sibling (including step, foster, or adopted sibling), according to age (i.e., oldest to youngest); and

(5)  If none, to any individual related by blood or close family affiliation.

d. The Office of Casualty Assistance, Bureau of Human Resources (HR/OCA) administers and determines the eligibility of deceased Department employees and potential beneficiaries for this flag recognition benefit.

3 FAM 3658  THROUGH 3659  UNASSIGNED

UNCLASSIFIED (U)