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Printing - FECA-PT2 - National Association of Letter Carriers

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(1) Whether, prior to the transfer to the international organization, the employee was serving<br />

with the Federal agency under a Federal appointment not limited to one year or less; and<br />

(2) Whether the employee transferred to the international organization with the consent <strong>of</strong> the<br />

head <strong>of</strong> the Federal agency as provided by Pub. Law 85-795. In this situation the Federal agency<br />

should always be asked to act as the reporting <strong>of</strong>fice.<br />

2-0802-17 Loaned Employees<br />

17. Loaned Employees. Careful consideration must be given to the employment status <strong>of</strong> Federal<br />

employees who are injured while performing service for a private employer. The CE must determine<br />

whether the injured or deceased individual was merely loaned to the private employer and retained status<br />

as a Federal employee, or whether a transfer <strong>of</strong> employment occurred, thereby terminating the prior<br />

status as a Federal employee. The CE should obtain a statement from the reporting agency which shows:<br />

a. The citation <strong>of</strong> any statute which authorizes the injured or deceased individual to perform<br />

service for a private employer;<br />

b. The name <strong>of</strong> the person who had immediate control and direction <strong>of</strong> the work activities <strong>of</strong><br />

the injured or deceased individual at the time <strong>of</strong> the injury;<br />

c. What right or general responsibility, if any, the reporting agency had at the time <strong>of</strong> the<br />

injury to direct or control the work activities <strong>of</strong> the injured or deceased individual;<br />

d. From whom the injured or deceased individual received salary at the time <strong>of</strong> the injury. If<br />

the private employer paid the salary, did the reporting agency reimburse that employer from<br />

Federal funds appropriated for the payment <strong>of</strong> personal services, and if so, how;<br />

e. Whether after completion <strong>of</strong> the assignment the injured or deceased individual was<br />

expected to resume the performance <strong>of</strong> service for the reporting agency and, if so, when and<br />

under what circumstances;<br />

f. What interest, if any, the reporting agency had in the work being performed by the private<br />

employer; and<br />

g. What benefit, if any, the reporting agency derived from the service performed for the<br />

private employer by the injured or deceased individual.<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 155

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