01.03.2013 Views

Printing - FECA-PT2 - National Association of Letter Carriers

Printing - FECA-PT2 - National Association of Letter Carriers

Printing - FECA-PT2 - National Association of Letter Carriers

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

RATE DATE FOR SCHEDULE AWARDS 01/10 10-04<br />

2-0900-1 Purpose and Scope<br />

1. Purpose and Scope. This chapter addresses determination <strong>of</strong> pay rates. It describes the steps in<br />

establishing pay rates, including the statutory basis <strong>of</strong> payment; the effective date <strong>of</strong> the pay rate; the<br />

elements <strong>of</strong> pay which are included in the pay rate, and those which are excluded; and how to establish<br />

daily, weekly, and monthly pay rates. The chapter also includes a section on special determinations<br />

(which are also addressed in the <strong>FECA</strong> Program Memoranda).<br />

2-0900-2 Establishing a Pay Rate<br />

2. Establishing a Pay Rate. This paragraph describes in general how to determine a pay rate and<br />

where to find relevant information. While Forms CA-1, CA-2, CA-2a, CA-6, and CA-7 contain much useful<br />

information, the Claims Examiner (CE) must also consider any narrative evidence in file. To set a pay<br />

rate, the CE should take the following steps:<br />

a. Determine the Basis <strong>of</strong> Payment Under 5 U.S.C. 8114. If the claimant worked the whole<br />

year prior to injury (Form CA-7, section 9b, or Form CA-6, item 19) or would have done so but for<br />

the injury (Form CA-7, section 9b, or Form CA-6, item 20), this determination is straightforward.<br />

However, if not, the CE must investigate all sources <strong>of</strong> income to determine the claimant's<br />

"average annual earnings" before proceeding further. See paragraphs 3 and 4 below.<br />

b. Determine the Effective Date <strong>of</strong> Pay Rate. The CE must next decide whether to set the pay<br />

rate as <strong>of</strong> the date <strong>of</strong> injury (or death), the date disability began, or the date <strong>of</strong> recurrence. The<br />

pay rates on the date <strong>of</strong> injury and date disability began should be noted on Form CA-7, section 8,<br />

or Form CA-6, item 18. For occupational disease claims where the claimant remains exposed to<br />

the work factors claimed, the pay rate is the rate <strong>of</strong> pay effective the date <strong>of</strong> the medical<br />

examination or treatment. If the claimant no longer remains exposed to the work factors claimed<br />

and there has been a change in work duties, e.g., limited duty, then the date <strong>of</strong> last exposure is<br />

used. See Patricia K. Cummings, 53 ECAB 623 (2002). Pay rates for newly reported recurrences<br />

should be shown on Form CA-2a or CA-7, while pay rates for previously accepted recurrences<br />

should be noted in the Compensation Management System. The CE should request verification <strong>of</strong><br />

the claimant’s pay rate if needed. See paragraph 5 below.<br />

c. Consider Inclusions and Exclusions from Pay Rate. The nature <strong>of</strong> the increment must be<br />

considered first. Commonly encountered increments are reported on Form CA-7, section 8, and<br />

Form CA-6, item 18. If the increment can be included, the CE must determine how long it has<br />

been received and the amount <strong>of</strong> money that has been paid. The CE should ask the employing<br />

agency about commonly encountered increments <strong>of</strong> pay, such as Sunday pay and night differential.<br />

See paragraphs 6-8 below.<br />

d. Clarify Any Discrepancies. The employing agency or claimant may challenge, correct, or<br />

expand on the evidence in the original reports with respect to terms <strong>of</strong> employment, amount <strong>of</strong><br />

pay, or types and amounts <strong>of</strong> increments.<br />

(1) The CE must clarify any material discrepancies in the record before establishing a<br />

pay rate for compensation purposes. This can be done by letter or by telephone call<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 459

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!