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Workers - Council of Prison Locals - C-33

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If a beneficiary is receiving compensation benefits on account <strong>of</strong> an emplol'ee's death-<br />

OWCP will ask him or her to complete a report once each )rear on Form CA-12. The<br />

report requires the beneficiary to note changes in marital status and dependents. If the<br />

beneficiary fails to submit the form (or an equivaient u'ritten statement) rvithin 30 da,vs<br />

<strong>of</strong> the date <strong>of</strong> request, OWCP shall suspend compensation until the requested fom or<br />

equivalent u.ritten statement is received. The suspension rviil include compensation<br />

pay'abie for or on behalf <strong>of</strong> another person (for example. compensation pa,vable to a<br />

widow on behalf <strong>of</strong> a child). When the form or statement is received. compensation u.ill<br />

be reinstated at the appropriate rate retroactive to the date <strong>of</strong> suspension, provided the<br />

beneficiary is entitled to such compensation.<br />

Sec. 10.415 What must a beneficiarv do if the number <strong>of</strong> beneficiaries decreases<br />

The circumstances under u'hich compensation on account <strong>of</strong> death shall be terminated<br />

are described in 5 U.S.C. 81<strong>33</strong>(b). A beneficiary in a claim for death benef-rts should<br />

promptly notifu OWCP <strong>of</strong> any event which would affect his or her entitlemento<br />

continued compensation. The temls "marriage" and "remarriage" include common-law<br />

mariage as recognized and defined by State law in the State tvhere the beneficiary<br />

resides. If a beneficiary'. or someone acting on his or her behalf. receives a check "vhich<br />

includes pavment <strong>of</strong> compensation for any period after tire date u4ren entitlement ended.<br />

he or she must promptly return the check to OWCP.<br />

Sec. 10.416 How does a change in the number <strong>of</strong> beneficiaries affect the amount <strong>of</strong><br />

compensation paid to the other beneficiaries<br />

If compensation to a beneficiary is tenninated. the amount <strong>of</strong> compensation payable to<br />

one ormore <strong>of</strong> tire remaining benellciaries may be reapportioned. Similarll'. the birth <strong>of</strong><br />

a posrhumous child may resuit in a reapportionment <strong>of</strong> the amount <strong>of</strong> compensation<br />

pa1'able to other beneficiaries. fhe parent. or someone acting on the child's behalf. shall<br />

promptly notif,'OWCP <strong>of</strong> the birth and submit a copy <strong>of</strong> the birth certificate.<br />

Sec. 10.1I7 What reports are needed u'hen compensation pavments continue for<br />

children over age 18<br />

(a) Compensation pa1-able on behalf <strong>of</strong> a child. brother. sister. or grandchild- rvhich<br />

rvould otherw'isend when the person reaches 181'ears <strong>of</strong> age, shall be continued if and<br />

for so long as he or she is not married and is either a student as defined in 5 U.S.C.<br />

8101(17). or pirl'sically or mentally incapabie <strong>of</strong> seif-support.<br />

(b) At least tu,ice each vear, OWCP wiil ask a beneficiary receiving compensation<br />

based on the student status <strong>of</strong> a dependent to provide pro<strong>of</strong> <strong>of</strong> continuing entitlemento<br />

such compensation, including certification <strong>of</strong> school enroilment.<br />

1c) Likeu,ise. at least frvice eacir 1,ear, OWCP u'ill ask a beneficiary or legai guardian<br />

receiving compensation based on a dependent's ph1'sical or mental inabiiir,v- to support<br />

himself or herself to submit a medical report veri['ing that the dependent's medica]<br />

condition persists and that it conrinues to preclude self-support.<br />

Page 4*

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