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Printing - FECA-PT2 - National Association of Letter Carriers

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(3) Pro<strong>of</strong> <strong>of</strong> physical or mental incapacity is established in the same manner as for a<br />

child over 18 years <strong>of</strong> age.<br />

(4) Pro<strong>of</strong> <strong>of</strong> student status is established in the same manner as for a child <strong>of</strong> the<br />

deceased.<br />

b. Percentage <strong>of</strong> Payments. The percentages payable are as follows, in accordance with<br />

Section 8133(a)(5):<br />

(1) 20% if one survivor was wholly dependent on the employee at the time <strong>of</strong> death.<br />

(2) 30% if more than one survivor was wholly dependent, divided among the survivors<br />

share and share alike.<br />

(3) 10% if no survivor was wholly dependent but one or more was partly dependent,<br />

divided among the survivors share and share alike.<br />

If there is a widow, widower, or child, a portion <strong>of</strong> these percentages may be paid such that the<br />

total amount paid to the widow or widower, children and siblings, grandparents, and/or<br />

grandchildren will not exceed 75%.<br />

c. Length <strong>of</strong> Payment. Compensation is payable until:<br />

(1) The sibling or grandchild dies, marries or becomes 18 years old, or, if over age 18<br />

and incapable <strong>of</strong> self_support, becomes capable <strong>of</strong> self_support.<br />

(2) The grandparent dies, marries or ceases to be dependent.<br />

d. Marriage. As with children, a beneficiary in this group who is otherwise entitled may receive<br />

survivor's benefits if his or her marriage terminates prior to the employee's death. Annulment <strong>of</strong> a<br />

beneficiary's marriage may result in re-entitlement from the effective date <strong>of</strong> the annulment if the<br />

survivor is otherwise entitled.<br />

2-0700-11 Payments<br />

11. Payments. Pay rate determinations are addressed in <strong>FECA</strong> PM 2-900. The minimum (GS-2) and<br />

maximum (GS-15) basic rates <strong>of</strong> pay provided by Section 8102 are applicable in death cases, and the<br />

amount to which survivors are entitled can never exceed 75% <strong>of</strong> the decedent's pay rate (before CPI<br />

adjustments). To calculate the monthly pay rate, the CE should determine:<br />

a. The Effective Date <strong>of</strong> the Pay Rate. Compensation for death is based on the pay rate on the<br />

date <strong>of</strong> injury, date disability began, or date <strong>of</strong> recurrence, or following re-computation under<br />

Section 8113.<br />

b. The Monthly Wage. If the employee was working in private industry when death or<br />

disability occurred, non- Federal pay may be used in determining the pay rate (see Elizabeth F.<br />

Keough, 35 ECAB 347.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 111

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