UNCLASSIFIED (U)

3 FAM 7590

COMPENSATION for Imprisoned LOCALLY eMPLOYED Staff

(CT:PER-843;   05-11-2017)
(Office of Origin:  HR/OE)

3 FAM 7591  Purpose and Applicability

 (CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

This section provides terms and conditions for authorizing compensation payments for current and former locally employed (LE) staff who are or were imprisoned by foreign governments as a result of their employment by the United States Government.

3 FAM 7592  Subchapter Definitions

(CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

Agency:  The Department of State, the Agency for International Development (USAID), the Department of Commerce, the Department of Agriculture, and any other Federal agency (regardless of whether it falls under chief-of-mission (COM) authority).

Appropriate agency official:  The management official of the agency that currently employs the individual imprisoned, or in the case of a former employee, the agency that most recently employed the individual.  This management official is listed in, or designated in accordance with, 3 FAM 7593.2.

Claimant:  An employee, dependent of the employee, executor of a former employee’s estate, court-appointed guardian, or other appropriate legal representative of the employee.

Compensation:  Basic salary (including within-grade increases), premium compensation, bonus payments, allowances, and any other benefits authorized for LE staff in the local compensation plan.

Dependent:  An employee's spouse; an employee's unmarried child (including a step-child or adopted child) under 21 years of age or, regardless of age, an unmarried child who is incapable of self-care; an employee's mother, mother-in-law, father, or father-in-law, who resides with the employee and relies on the employee for a majority of their living expenses; an individual designated in official records as a dependent of the employee; or an individual determined to be a dependent of the employee by the appropriate agency official.

Employee:  Any current or former LE staff (which includes Foreign Service nationals) employed by the U.S. Government.

Principal U.S. representative:  Principal State Department representative in a foreign country.

3 FAM 7593  Authorities

3 FAM 7593.1  Legal Authority

(CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

Section 410 of the Foreign Service Act of 1980, as amended, 22 U.S.C. 3970.

3 FAM 7593.2  Authority to Determine Reason for Imprisonment

(CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

The State Deputy Assistant Secretary for Human Resources (HR) having jurisdiction over the management of the LE Staff HR program is responsible for determining that an employee’s imprisonment is or was the result of the individual’s employment by the U.S. Government.

3 FAM 7593.3  Authority To Approve Payment

(CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

The appropriate agency head is authorized to approve payment of compensation under the terms and conditions in this section.

3 FAM 7593.4  Locating and Notifying Eligible Claimants

(CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

Agencies must make reasonable efforts to locate and notify all eligible claimants of their possible entitlements under this section and to assist them in submitting claims.

3 FAM 7593.5  Filing Deadline

(CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

No compensation shall be awarded under this section unless a claim is filed by an eligible claimant within 3 years after the later of:

(1)  The date imprisonment giving rise to the claim ended; or

(2)  The date of the claimant’s first opportunity to file such a claim, as determined by the appropriate agency official.

3 FAM 7593.6  Qualifying Terms and Conditions

(CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

a. Compensation will be considered when the following qualifying terms and conditions are met or approved:

(1)  The employee was employed by the U.S. Government at the commencement of imprisonment;

(2)  The employee is or was imprisoned by a foreign government;

(3)  The employee’s imprisonment was the result of employment by the U.S. Government as determined by the Department of State per 3 FAM 7593.2;

(4)  Where payment is to be made to a claimant other than the employee, the claimant has legitimate right to payment as determined by the appropriate agency official;

(4)  Where payment is to be made to a claimant other than the employee, the claimant has a legitimate right to payment as determined by each agency; for State, this decision is made by the Deputy Assistant Secretary for HR.

b. A claimant is barred from assignment of rights or benefits granted under this section.

3 FAM 7593.7  Amount of Benefit

(CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

a. State:  Compensation may not exceed an amount that the State Deputy Assistant Secretary for HR determines to approximate the salary and benefits to which an employee or former employee would have been entitled had the individual remained working during the period of such imprisonment.

b. All other agencies:  Compensation may not exceed an amount that the agency head determines to approximate the salary and benefits to which an employee or former employee would have been entitled had the individual remained working during the period of such imprisonment.

c.  Once the compensation amount has been set, each agency will deny or reduce this compensation by the amount of any other relief received by the employee or other claimant, such as through private legislation enacted by the Congress.

3 FAM 7593.8  Procedures

3 FAM 7593.8-1  Applying for Compensation

(CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

The claimant submits a written claim for compensation, with the documentation required in 3 FAM 7593.8-2, to one of the following, as appropriate:

(1)  The highest ranking official of the employing agency for which the employee worked at the time of imprisonment, in the locality of imprisonment;

(2)  The principal U.S. representative when the employing agency is no longer located in the locality of imprisonment;

(3)  The diplomatic mission representing the United States in the locality of imprisonment; or

(4)  For State, when submission to one of the contact points listed in this section is not feasible, the appropriate regional bureau executive director, and for all other agencies, the agency's headquarters.

3 FAM 7593.8-2  Claim Documentation

(CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

The claimant and/or the employee’s employing agency must obtain and submit the following documentation in support of the written claim:

(1)  An official copy of personnel actions which verify employment status and salary and benefits being paid to the employee at the time of imprisonment;

(2)  Official records verifying the beginning and, as applicable, ending dates of imprisonment, or other documentation that establishes this information;

(3)  Official documents verifying the amount of salary, including within grade increases, and benefits which would have been payable under the applicable local compensation plan(s) had the employee continued working through the period of imprisonment;

(4)  A statement as to whether the employee or other claimant received other financial relief, such as through private legislation enacted by the Congress, and whether a request for such relief is pending;

(5)  The estimated cost of payment of the claim;

(6)  When the claimant is other than the employee, legal documents supporting the relationship of the employee to the claimant;

(7)  Documentation of the agency’s investigation of the claim, including circumstances leading to and reasons for imprisonment; and

(8)  Recommendation of the principal U.S. representative in the country in which imprisonment occurred (or the appropriate agency official, if there is no longer U.S. representation in the country), including a statement as to whether there is a reasonable basis to conclude that imprisonment was the result of employment by the U.S. Government.

3 FAM 7593.8-3  Processing the Claim

(CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

a. Submit the claim for approval:

(1)  State:  The appropriate regional bureau executive director forwards the claim and the documents listed in 3 FAM 7593.8-2, together with a recommendation, to the Deputy Assistant Secretary for HR for a determination as to whether imprisonment is or was the result of the employment by the U.S. Government, and for approval of the claim; and

(2)  For all other agencies:  The agency forwards the claim and the documents listed in 3 FAM 7593.8-2, together with a recommendation to the Deputy Assistant Secretary for HR, U.S. Department of State, Washington, DC 20520, for a determination as to whether imprisonment is or was the result of employment by the U.S. Government.

b. Approve or deny the claim:

(1)  State:  The Deputy Assistant Secretary for HR will advise the regional bureau executive director in writing of the decision as to whether or not imprisonment is or was the result of U.S. Government employment, whether the claim is approved, the approved maximum amount of the claim, and whether there is an offset in full or in part for relief received from other sources; and

(2)  For all other agencies:  State's Deputy Assistant Secretary for HR will advise the agency in writing of the decision as to whether or not imprisonment is or was the result of U.S. Government employment.  The agency determines the approved maximum amount of the claim, whether there is an offset in full or in part for relief received from other sources, and approves or denies the compensation payment.

c.  Submit an approved claim to payroll:

(1)  State's regional bureau executive director or, for other agencies, the appropriate agency official forwards the approval memorandum with supporting documentation to an appropriate certifying official; and

(2)  After certifying payment, the certifying official promptly advises the regional bureau executive director or, for other agencies, the appropriate agency official of the certification and then forwards the approval memorandum with supporting documentation to the Global Financial Services Center or other appropriate payroll office for payroll processing.

3 FAM 7593.9  Notification of Payment

(CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

State's regional bureau executive director or, for other agencies, the appropriate agency official promptly notifies the claimant whether payment has been approved and, if so, that the payment will be processed by the appropriate payroll center.

3 FAM 7593.10  Other Benefits

(CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

Any period of imprisonment for which an employee is compensated under this section shall be considered for purposes of any other employee benefit to be a period of employment by the U.S. Government, with the following exceptions:

(1)  A period of imprisonment shall not be creditable toward Civil Service retirement unless the employee was covered by the U.S. Civil Service Retirement and Disability System during the period of U.S. Government employment last preceding the imprisonment, or the employee qualifies for annuity benefits by reason of other services; and/or

(2)  A period of imprisonment shall not be considered for purposes of workers’ compensation under Subchapter I of Chapter 81 of Title 5, U.S.C., unless the individual was employed by the U.S. Government at the time of imprisonment.

3 FAM 7593.11  Advisory Services

(CT:PER-843;   05-11-2017)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)

The Office of Overseas Employment, Bureau of Human Resources (HR/OE), Department of State, will provide interpretive and advisory services relating to any aspect of this subchapter.

3 FAM 7594  through 7599 unassigned

UNCLASSIFIED (U)