The National Defense Authorization Act
for Fiscal Year 2008, Public Law 110-181, was enacted on January
28, 2008. Section 1105 of P.L. 110-181 amended the Federal
Employees' Compensation Act (FECA) creating a new section, 5 U.S.C.
§ 8102a effective upon enactment. This section establishes a FECA
death gratuity benefit of up to $100,000 for eligible beneficiaries
of federal employees and Non-Appropriated Fund Instrumentality
(NAFI) employees who die from injuries incurred in connection with
service with an Armed Force in a contingency operation. 5 U.S.C.§
8102a also permits agencies to authorize retroactive payment of the
death gratuity for employees who died on or after October 7, 2001
in service with an Armed Force in the theater of operations of
Operation Enduring Freedom and Operation Iraqi Freedom. 5 U.S.C. §
8102a also allows federal employees to vary the order of precedence
of beneficiaries or to name alternate beneficiaries Form CA-40 is
an optional form that requests the information necessary from the
employee to accomplish this variance and to name alternate
beneficiaries only if the employee wishes to do so. Form CA-41
provides the means for those named beneficiaries and possible
recipients to file claims for those benefits and requests
information from such claimants so that OWCP may determine their
eligibility for payment. Further, the statute and regulations
require agencies to notify OWCP immediately upon the death of a
covered employee. CA-42 provides the means to accomplish this
notification and requests information necessary to administer any
claim for benefits resulting from such a death.
US Code:
5
USC 8102a Name of Law: Amendment to the FECA, Death
Gratuity
PL:
Pub.L. 110 - 181 1105 Name of Law: National Defense
Authorization Act for Fiscal Year 2008
PL:
Pub.L. 112 - 81 1121 Name of Law: National Defense
Authorization Act for Fiscal Year 2012
The number of claims received
for death gratuity varies from year to year. For example, only 2
death gratuity claims were received in 2012. We have noted that the
number submitted tends to reflect the intensity level of conflicts
involving contingency operations this has so far been operations
related to Iraq and Afghanistan. As these operations wind down, the
number of claims may decrease. Furthermore, as the CA-40 is an
optional form, used only when an employee wishes to vary the order
or preference or designate an alternate beneficiary for payment,
not all employees choose to fill out this form prior to deployment
or may choose to rely on a designation from an earlier deployment,
so the number of people filling out this form varies greatly year
to year. Therefore, the previous approved number of annual
respondents 2635 is now 272, which represents a decrease in 2363
respondents. The previously approved number for burden hours was
659; the requested number now is 70, a decrease of 589. Likewise,
the costs burden for maintenance and reporting costs (postage and
envelope) decreased from $12.00 to $5.00, a difference of $7.00. In
reference to revisions to the forms themselves, one line was added
in the instructions to the CA-40 and CA-41 to clarify the usage of
forms CA-40 and CA-41. Also, a minor change in the instructions for
the CA-42 was made to correct a reference to a page number.
Finally, an accommodation statement was placed after the Public
Burden Statements in forms CA-41 and CA-42 to inform claimants who
have mental or physical limitations to contact DFEC for if further
assistance is needed in the claims process. This statement was
previously added to the CA-40 when it was revised last year.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.