Printing - FECA-PT2 - National Association of Letter Carriers

. Election Requirements. Since the eligibility for benefits provided by both the FECA and the
DVA is based on the same period of service and the same death, an election is required.
c. Irrevocability of Election. The irrevocability of election provided by 5 U.S.C. 8116(b) applies to
FECA benefits based on the injury or death of an "employee." Military reservists and their beneficiaries do
not fall within the definition of employee as contained in 5 U.S.C. 8101(1). Thus, the beneficiaries in
military reservist cases have the right, without time limitation, to elect veterans' benefits. However,
under the provision of 38 U.S.C. 416, once an election is made to receive veterans' benefits, the
beneficiary cannot later elect FECA benefits.
2-1000-10 Armed Forces and Other Uniformed Services
10. Armed Forces and Other Uniformed Services. References: FECA ProM Nos. 116 and 131.
a. Dual Payment Not Prohibited. Effective September 7, 1974, 5 U.S.C. 8116(a) was amended
to provide that retainer pay, retirement pay, or equivalent pay for service in the armed forces or
other uniformed services may be continued while an employee is receiving FECA benefits subject to
the limitations on receipt of dual compensation by retired officers contained in 5 U.S.C. 5532.
b. Injuries Before September 7, 1974.
(1) Before September 7, 1974, compensation due under the FECA was considered by
OWCP to be the employee's basic benefit. Where the employee was receiving retirement or
retainer pay, the employee and the military finance office making such payment were
advised of the FECA entitlement. If the finance office found that the FECA payment would
constitute a dual payment prohibited under 5 U.S.C. 8116, and if the employee agreed,
OWCP would deduct the amount representing the dual payment and reimburse it to the
finance center, paying the balance to the employee. If the employee did not agree to this
arrangement, OWCP would pay the full amount of compensation due to the employee and
notify the appropriate finance center of such payment. See Charles W. Akers, 24 ECAB
316.
(2) If compensation is claimed for an injury occurring before September 7, 1974, and
the employee is receiving retirement or retainer pay, the full amount of the compensation
entitlement will be paid to the employee. The CE, however, will write to the employee, with
a copy to the military finance office, advising of the amendment and informing the
employee that, effective September 7, 1974 and continuing, the employee may receive
compensation and retirement or retainer pay concurrently.
FECA-PT2 Printed: 06/08/2010 540