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Printing - FECA-PT2 - National Association of Letter Carriers

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If a retroactive LWEC determination cannot be made, the CE should take the following actions:<br />

(1) Upon receipt <strong>of</strong> a properly completed Form CA-7, reinstate the claimant to temporary<br />

total disability (TTD) benefits on the daily roll. The claimant should not be placed on the<br />

periodic roll until additional medical evidence is developed.<br />

(2) Obtain a current medical report from a specialist in the appropriate field and inquire<br />

about current injury-related disability.<br />

(3) If no continuing injury-related disability is established and the claimant is being paid<br />

on the daily roll, prepare a formal decision terminating compensation effective the date <strong>of</strong><br />

the decision. If the claimant is being paid on the periodic roll, issue a pre-termination<br />

notice.<br />

(4) If injury-related disability is established, place the claimant on the periodic roll and<br />

follow the case management procedures found in PM Chapter 2-600 and 2-811, including<br />

referral for rehabilitation services in accordance with PM Chapter 2-813.<br />

(5) Advise the employing agency in a detailed letter that the injury-related disability<br />

continues and that the claimant is receiving compensation on the basis <strong>of</strong> temporary total<br />

disability until his or her wage-earning capacity can be determined.<br />

2-0814-13 Effect <strong>of</strong> Federal Reemployment on Retirement Status<br />

13. Effect <strong>of</strong> Federal Reemployment on Retirement Status.<br />

a. Public Law 98-21, the Social Security Amendments <strong>of</strong> 1983, provides full Social Security Act<br />

(SSA) benefits rather than Civil Service Retirement Act (CSRA) benefits to Federal employees hired<br />

on and after January 1, 1984 under the Federal Employee Retirement System (FERS). P.L. 98-21,<br />

Approved April 20, 1983 (97 Stat. 65).<br />

b. While in receipt <strong>of</strong> compensation, a claimant is deemed to be in leave status or absent<br />

without pay for purposes <strong>of</strong> credit for total service under the Civil Service Retirement System. A<br />

claimant who is in such status is not considered separated from employment for the purposes <strong>of</strong><br />

Section 3121(b)(5)(B) <strong>of</strong> the Internal Revenue Code, even though the claimant may in fact have<br />

been separated from the agency's employment rolls. 26 U.S.C. 3121(b)(5)(B).<br />

c. Therefore, a claimant who was covered by CSRA (or other retirement system<br />

established by a law <strong>of</strong> the United States) and who is reemployed by the United States after<br />

January 1, 1984, either in the date <strong>of</strong> injury job or in an alternative job, would still be covered by<br />

that retirement system. On the other hand, if the claimant had SSA coverage at the time <strong>of</strong> the<br />

injury, he or she would continue under that coverage if reemployed.<br />

d. The federal retirement laws were amended in October 2003 to address<br />

deficiencies with regard to the retirement benefits <strong>of</strong> Federal employees who are absent from their<br />

jobs for long periods because <strong>of</strong> workplace illnesses or injuries. Under the Civil Service Retirement<br />

System (CSRS) and the newer Federal Employees’ Retirement System (FERS), when an individual<br />

receives workers’ compensation benefits under subchapter I <strong>of</strong> chapter 81 <strong>of</strong> title 5, United States<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 452

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