Printing - FECA-PT2 - National Association of Letter Carriers

(1) Educational benefits provided under the GI Bill are based on the veteran's own
military service. Educational benefits (i.e., benefits for students) under the FECA are based
on the employment and the related disability or death of the recipient's relative. The
prohibition against concurrent payments contained in 5 U.S.C. 8116 applies only to
payments based on the same disability or death. No election is required for educational
benefits under the GI bill.
(2) Unless the veteran's educational award is designated a pension or is paid as outlined
in the preceding paragraph, the following procedures apply:
(a) Where a widow(er) or child is eligible for benefits based on school attendance
under both the FECA and laws administered by the DVA, an election is required,
regardless of whether the eligibility for veterans' benefits is based on a finding that
the disability or death was service-connected.
(b) Under certain circumstances, veterans' benefits for a widow(er) and the
eligible children are divisible. Stated another way, the child or children have a
"separate and independent right of election" to veterans' benefits.
(c) If a child does not have a separate and independent right of entitlement
under the DVA law, the election by the veteran or the widow(er) is binding on the
child in that the benefits for the child are payable only by the same agency paying
benefits for the veteran or the widow/er.
(d) An election is binding only for the period of concurrent eligibility.
(e) The election of veterans' benefits by one or more beneficiaries in a family will
not serve to increase the rate of compensation payable by OWCP to or on behalf of
the other beneficiaries who continue to receive FECA benefits.
FECA-PT2 Printed: 06/08/2010 536