Printing - FECA-PT2 - National Association of Letter Carriers

2-1000-1 Purpose and Scope
1. Purpose and Scope. This chapter explains dual benefits allowed and prohibited under the FECA and
establishes procedures for obtaining required elections and for requesting refunds when dual payments
have been made.
2-1000-2 Statutory Provisions
2. Statutory Provisions. 5 U.S.C. 8116 outlines the limitations on the right to receive compensation
and the necessity for an election between certain prohibited dual benefits (see Exhibit 1).
2-1000-3 Responsibility
3. Responsibility. It is the responsibility of the Claims Examiner (CE) to determine if the claimant
either qualifies for or is receiving benefits from another Federal agency. When a claimant is entitled to or
is receiving a benefit from another agency, the CE must determine if that benefit constitutes a prohibited
dual benefit and requires an election, or if it is an exception which will not affect the claimant's
compensation entitlement.
Where receipt of dual benefits is prohibited, the CE must advise the claimant of the entitlement as well as
the need for and terms of the election appropriate to that case. The CE should make every effort to
obtain a timely election where necessary to ensure that the claimant does not suffer undue hardship while
awaiting compensation payments.
2-1000-4 Annuity Benefits Paid by OPM
4. Annuity Benefits Paid by Office of Personnel Management. References: FECA Program Memoranda
(ProM) Nos. 12, 27, 72, 90, 138 242, 249, 262, 263 and 267. (For non-Federal retirement systems
standing in lieu of the Civil Service Retirement System, see ProM Nos. 242 and 262.)
a. Disability Compensation. When a claimant is entitled to disability benefits under the Federal
Employees' Compensation Act (FECA), and annuity benefits from the Office of Personnel
Management (OPM) under the Civil Service Retirement System Act (CSRS) or the Federal
Employees' Retirement System Act (FERS), the employee must make an election between OWCP
benefits and OPM benefits. The employee has the right to elect the monetary benefit which is the
more advantageous. This policy also applies to reemployed annuitants (see Harold Weisman,
Docket No. 93-1335, issued March 30, 1994). (The claimant may receive concurrent benefits from
the Office of Workers' Compensation Programs (OWCP) and the Thrift Savings Fund.)
Section 5 U.S.C. 8337(f) provides that the prohibition against the payment of dual benefits does
not bar the right of a claimant to the greater benefit conferred by either Act for any part of the
same period of time. Thus, an election of disability compensation under the FECA or an election of
an annuity benefit provided by OPM is not irrevocable.
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