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Printing - FECA-PT2 - National Association of Letter Carriers

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expenses are awarded in error.<br />

c. Method <strong>of</strong> Payment. OWCP can reimburse, in proportion to the part <strong>of</strong> the total expense<br />

paid, any person who paid part <strong>of</strong> the burial expenses. In no case will OWCP's payment for burial<br />

expense exceed the amount allowed under the <strong>FECA</strong>, and all claims for burial allowance must be<br />

accompanied by an itemized bill prepared by the undertaker who furnished the services. The order<br />

<strong>of</strong> payment is as follows:<br />

(1) If a survivor furnishes pro<strong>of</strong> <strong>of</strong> payment <strong>of</strong> burial costs, OWCP pays the $800 to the<br />

survivor. If burial costs have not been paid, the $800 is paid to the executor <strong>of</strong> the estate.<br />

If there is no legal representative and the bill is unpaid, the funeral director may claim<br />

direct payment. In most, if not all, legal jurisdictions in the U.S., undertakers and others<br />

who provide burial services are considered priority creditors, and they therefore have a<br />

priority claim against the proceeds <strong>of</strong> the decedent's estate and any entitlements the<br />

decedent's death might create.<br />

(2) If the funeral bill is unpaid or a balance exists, direct payment must be made to the<br />

funeral home. For example, if a friend paid funeral expenses <strong>of</strong> $600 and an unpaid<br />

balance <strong>of</strong> $300 remains, and OWCP allows $550 ($800 less $250 from the VA), OWCP will<br />

pay the funeral home $300 with the balance <strong>of</strong> $250 going to the friend.<br />

Section 5 U.S.C. 8130 prohibits assignment <strong>of</strong> compensation and exempts it from claims <strong>of</strong><br />

creditors. Therefore, no claim for compensation due at death by an undertaker or other creditor<br />

may be recognized.<br />

d. Transportation and Medical Costs. If the employee died away from home, charges for<br />

returning the body and the sealed casket may be paid over and above the $800 allowance. In<br />

cases where related medical and transportation expenses were incurred prior to death, the CE<br />

should authorize payment.<br />

2-0700-15 Termination <strong>of</strong> Employee Status<br />

15. Termination <strong>of</strong> Employee Status. An additional sum <strong>of</strong> $200 is payable to the personal<br />

representative <strong>of</strong> the decedent to reimburse the cost <strong>of</strong> terminating his or her status as a Federal<br />

employee. A spouse is considered to be the personal representative unless incompetent. If no spouse<br />

survives, the payment will be made to the administrator <strong>of</strong> the estate.<br />

a. Pay Status. A personal representative is entitled to receive the $200 payment regardless <strong>of</strong><br />

whether the deceased was in pay status with the employing agency at the time <strong>of</strong> death. For<br />

example, the personal representative <strong>of</strong> an employee who retired in 1973 and died <strong>of</strong> work-related<br />

causes in 1978 would be entitled to the $200 payment.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 114

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