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Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1
First Offense - Oral reprimand to removal
Second Offense - Oral reprimand to removal
Third Offense - Oral reprimand to removal
14. Fitness for duty overweight!
Applies to: Agent Personnel
First Offense - Oral reprimand
Second Offense - Oral reprimand to 5-day suspension
Third Offense - Oral reprimand to 15-day suspension
15. Smoking regulations See MAOP, Part 2, 2-1.6.!
Applies to: All personnel
First Offense - Oral reprimand to censure
Second Offense - Oral reprimand to 5-day suspension
Third Offense - Oral reprimand to 14-day suspension
16. Security violations for:
Applies to: All personnel
a. Loss of classied/sensitive information
First Offense - Censure to removal
Second Offense - Suspension to removal
Third Offense - Suspension to removal
b. Mishandling classified/sensitive information by: improper removal, storage to include
unlocked/unsecure safes, vaults, or cabinets!, disposal, transpolting, reproduction, transmittal, or
access
Applies to: All personnel
First Offense - Oral reprimand to removal
Second Offense - Censure to removal
Third Offense - Suspension to removal
c. Computers
Applies to: All personnel
Medium Risk
1. Failure to properly label ADP storage media
2. Unauthorized Software
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3. Unlicensed Software
4. Nonofficial use of FBI computers
5. Introduction of malicious code
First Offense - Oral reprimand to removal
Second Offense - Censure to removal
Third Offense - Suspension to removal
High Risk
l. Misuse of accessor IDs and passwords
2. Improper maintenance
3. Improper equipment and media disposal
4. Failure to maintain proper control of FBI microcomputers and ADP storage media
5. Unauthorized telecommunications
6. Unauthorized access to FBI computers or networks or exceeding authorized codes
First Offense - Censure to removal
Second Offense - Suspension to removal
Third Offense - Suspension to removal
d. Routing of "Top Secret" or SCI information by telelift system mail-mobile pneumatic tube U S
Postal Service, or other commercial mail S¬l'VlC¬
Applies to: All personnel
First Offense - Oral reprimand to removal
Second Offense - Oral reprimand to removal
Third Offense - Censure to removal
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Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1
13-13.1 Moved to 13-14.1
13-13.2 Moved to 13-14.2
13-13.3 Moved to 13-14.3
13-13.4 Moved to 13-14.4
13-13.5 Moved to 13-14.5
13-14 DISCIPLINARY PROBATION FORMERLY 13-13! See MAOP, Part |, 1-30.3, a-
1.12.2.!
Disciplinary probation is a corrective and/ or punitive procedure Which may be imposed with
censure and/or suspension when so dictated by the factual situation! to closely monitor an
employee's performance with intent to provide counsel and correction during a specied period of
time. During the disciplinary probation period, a denial of certain employee benefits may be
imposed.
13-14.1 Purpose of Disciplinary Probation Formerly 13-13.1!
To provide the employee With notice that the particular area of inefficiency, delinquency, or poor
judgment, etc., will be afforded close scrutiny for a specied period of time. During the period of
disciplinary probation, the employee is expected to make a concerted effort to improve in the
deficient area.
13-14.2 Length of Disciplinary Probation Formerly 13-13.2.!
The length of the disciplinary probation period is exible and Will be detennined by the Director or
Director's delegated representative. In most cases the original disciplinary probation period will be
90 days for Special Agents and 60 days for support employees.
13-14.3 Effects of Disciplinary Probation on Employee Formerly 13-13.3!
During the period of disciplinary probation an employee:
! Will not be promoted from one GS or Wage Board level to another;
! Will not be considered for advancement Within the Executive Development and Selection
Program of the Bureau;
! Will not be considered for a Personnel Resource List Transfer;
! May have a promotion delayed for a period of time not to exceed the period of disciplinary
probation if the action occurred during the preceding 12 months and has not been offset by a strong
favorable recommendation for promotion from the employee's superior. The final determination
will be made by the Personnel Officer at FBIHQ.
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13-14.4 Application of Disciplinary Probation Formerly 13-13.4.!
An employee will be placed on disciplinary probation only when the cause for administrative action
is work performance related or work-related.
! Work performance considers the technical competence aspect of an employee.
! Work-related action involves judgment, common sense, and the impact the cause has on the
public's perception of the FBI.
13-14.5 Removal from Disciplinary Probation Formerly 13-13.5!
! At the expiration of a disciplinary probation period, the Administrative Summary Unit,
Personnel Division, will activate a computer entry into the Bureau's Personnel Management System
to remove the employee from probation. No paperwork will be involved on the part of the SAC/AD
or FBIHQ for this process to occur. However, should the SAC/ AD choose to recommend that an
employee remain in a probationary status due to continued deciency in the area for which the
employee was disciplined, the Administrative Summary Unit should be telephonically advised just
prior to the end of the period, followed by an appropriate communication detailing the basis for
same. It is important that a tickler be set in the respective divisions so this matter can be followed
closely.
! As a guideline in recommending that an employee in a probationary status be continued in this
status, the employee must continue to be deficient in the area for which they had been initially
disciplined. If the employee is deficient in another area, this would not be sufficient justification to
continue the initial probationary status. If additional problems are identified, the SAC/AD should
seriously consider recommending an additional disciplinary action to address the other deficient
areas, whether it be performance or conduct related.
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SECTION 14. APPEALS AND GRIEVANCES
**EffDte: O2/28/1978 MCRT#: O Div: OPD3 Cav: SecCls:
ALL II=1FURlI.¬LTII]I=I IIIJIETJIIEIEIJ
HEHEIIJ I5 I.IIJi:E1l§§§IFIED
14-1 DATE U2-21.-Ei£EU'.~ BY EUIEEQ E-s.U£ BEQUCFBESTP
l! The FBI has always attempted to anticipate and avoid
possible sources of employee discontent or grievances by following
fair and objective policies, uniformly applied to all. To detect and
solve grievances which might arise, the FBI depends upon the alertness
of its supervisors and officials.
! The FBI is confident that its indoctrination and
training programs ensure that each employee is fully aware that any
grievance should be brought to the attention of their supervisor so
that the matter may be discussed, explained and resolved. All
employees should be aware that their division head or Special Agent in
Charge is always available for further discussion with them of any
problem which cannot be handled satisfactorily on the supervisory
level; and that any problem which cannot be resolved satisfactorily
on any lower level may be brought to the Director's attention in
writing, or may be presented orally to an appropriate Bureau official.
! Other means by which employees may present their
problems include the suggestion program or contact with the inspectors
who periodically inspect each division or field office. In addition,
certain formal procedures exist as set out in the subsections below.
**EffDte: O2/28/1991 MCRT#: O Div: D3 Cav: SecCls:
14-2 CONTESTING PERFORMANCE APPRAISALS
See Part I, Section 5 of this manual.!
**EffDte: O2/28/1991 MCRT#: O Div: D3 Cav: SecCls:
14-3 POSITION CLASSIFICATION
Position classification decisions may be appealed in
accordance with provisions of Title 5, Code of Federal Regulations,
Chapter l, Part 5ll. Supervisors should be alert for situations in
which it appears an employee may be considering an appeal.
Experience has shown that if a supervisor carefully explains to an
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| 14-4.1 |Appeal Rights of Preference Eligible Employees Regarding Adverseemployee the basis for a given classification action misunderstandings
are averted. If difficulty persists in a given case, it may be
feasible to take administrative steps, such as readjustment of work
assignments, to eliminate it. FBTHQ should be notified of problems
which resist settlement. If need arises, FBIHQ will furnish, upon
request, the necessary instructions for filing classification appeals.
**EffDte: O2/28/1991 MCRT#: O Div: D3 Gav: SecCls:
14-4 APPEAL RIGHTS
**EffDte: O2/28/1991 MCRT#: O Div: D3OP Cav: SecCls:
Actions
Pursuant to Title 5, United States Code USC!, Section
7511, "preference eligible" employees e.g., certain veterans! who
have completed one year of current continuous service in the same or
similar positions with an agency may have certain procedural rights
when an adverse action is proposed or taken against them. For the
purposes of this manual, an "adverse action" involves removal,
suspension for more than 14 days, reductions in grade or pay, or a
furlough of 30 days or less. See MAOP, Part T, 13-1O, 13-13! &
14-4.2.!|
**EffDte: 12/O1/1994 MCRT#: 353 Div: D3OP Cav: SecCls:
14-4.2 Appeal Rights in General See MAOP, Part 1, 8-1.11 and 13-13.!
! This subsection provides a general overview of the
appeal rights of an employee when there is an administrative action of
a disciplinary nature. For a discussion of the additional rights of a
preference eligible employee when there is an adverse action, see
MAOP, Part 1, 13-10 and 144.1. For the purposes of this manual, an
adverse action is removal, suspension for more than 14 days, reduction
in grade or pay, or a furlough of 30 days or less. For a discussion
of an employee's rights when there is a proposal for the employee to
be reduced in grade or removed for unacceptable performance, see MAOP,
Part 1, 5-4.7 and 5-4.7.1.
! Recommendations for adverse actions are made by a
field office, headguarters division or the inspection staff and
forwarded to the Office of Professional Responsibility OPR!. The
matter is reviewed in the|Administrative Services!Division or OPR and
a decision recommended. If, following review of the matter by the
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Assistant Director of the OPR, it is determined that administrative
action is warranted, the action is taken and the employee notified.
The action taken or determination made! by the Assistant Director of
the OPR is subject to review by the Deputy
disciplinary action is against a member of
Service SES!, below the rank of Assistant
Deputy Director would determine whether an
warranted. The action taken by the DeputyDirector. If the proposed
the FBI's Senior Executive
Director, or an ASAC, the
administrative action is
Director is subject to
review by the Director. If the proposed disciplinary action is
against an Assistant Director or the Deputy Director, the Director
would determine whether an administrative action is warranted. The
actions taken by the Director with regard to an Assistant Director or
Deputy Director are subject to review by the Deputy Attorney General.
! If the employee has not completed his/her
probationary period of employment which began when the employee
entered on duty, he/she will be notified that he/she has no right to
appeal the action within the FBI see MAOP, Part l, 21-8!. If the
employee has completed the probationary period, the employee will be
notified that he/she may appeal the action to the next level of
authority for appeals. Should an employee who has completed his/her
probationary period be concerned about other administrative actions
taken against him/her short of adverse action, with the exception of
oral reprimands and letters of censure, the employee may express this
concern, through channels, to his/her SAC, Assistant Director, office
head, or the Personnel Officer. In a case where disciplinary action
was taken by an SAC, Assistant Director, office head, or the Personnel
Officer, the appeal will be handled by the Assistant Director,
|Administrative Services!Division. When disciplinary action is taken
against SES members or ASACs, the Deputy Director is the action
authority. The Director is the final appeal authority for
disciplinary actions taken by the Deputy Director. Appeals must be
received within 30 calendar days after the effective date of the
disciplinary action. Thereafter, nonpreference eligible FBI employees
in the excepted service do NOT have a right to appeal a disciplinary
action to the Merit Systems Protection Board MSPB!. A "preference
eligible" employee who has completed one year of current continuous
service in the same or similar positions in an agency, in addition to
being able to appeal a disciplinary action as indicated above, may
also appeal an "adverse action" e.g., removal, suspension for more
than l4 days, reduction in grade or pay! to the MSPB. As a general
matter, appeals to the MSPB by preference eligible employees are to be
filed within 30 days after the effective date of the adverse action.
See SAC Memorandum ll9O dated April 20, l99O, and MAOP, Part l,
l32! and l3lO, regarding the handling of offenses by SACs and
Assistant Directors.!
! With the exception of the reference to the appeals
rights of preference eligible employees in regard to the MSPB, the
rights discussed in this section are not required by statute or
regulation and should not be construed to indicate or imply that
nonpreference eligible employees in the excepted service have a
property interest in their employment such as in the form of an
expectation of continued employment with the FBI. See MAOP, Part I,
13-1! & 21-1.!
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**EffDte: O5/O1/2002 MCRT#: 1191 Div: OPD3 Cav: SecCls
14-5 CIVIL SERVICE REFORM ACT PUBLIC LAW 95-454!
**EffDte: O4/27/1990 MCRT#: O Div: D3 Cav: SecCls
14-5.1 Public Law 95-454
Public Law 95-454 provides the authority to grant grade
retention for a period of 2 years and the authority for granting
indefinite pay retention when an employee is demoted through no fault
of his/her own. This is provided the demotion is not due to personal
cause based upon conduct, character or inefficiency or at the
employee's own request or consent.
**EffDte: O4/27/1990 MCRT#: O Div: D3 Gav: SecCls
14-5.2 Requirement for Grade Retention
When an employee is demoted to a position which is lower
graded than the position held immediately prior to demotion, as a
result of a reductioninforce or as a result of a reclassification
process, he/she may qualify for grade retention. To qualify, the
employee must have had served 52 consecutive weeks in the same agency
in a grade or grades higher than the one to which demoted, and the
position which is being reduced has to have been classified at the
higher grade for a continuous period of at least one year immediately
before the reduction.
**EffDte: O4/27/1990 MCRT#: O Div: D3 Gav: SecCls
14-5.3 Requirement for Pay Retention
Pay retention shall apply to an employee whose rate of
basic pay would otherwise be reduced as the result of the following:
the expiration of a twoyear period of grade retention; a
reductioninforce when the employee does not meet the eligibility
requirements of grade retention; the reduction or elimination of
scheduled rates; placement of an employee into a nonspecial rate
position or into a lower special rate position from a special rate
position; placement of an employee in a position in a lower wage area
or in a position in a different pay schedule; or the placement of
employee in a formal employee development program upward mobility!.
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**EffDte: O4/27/1990 MCRT#: O Div: D3 Cav: SecCls
14-5.4 Appeals
The denial of grade or pay retention benefits can be
appealed under some circumstances. See Title 5, Code of Federal
Regulations, Chapter l, Part 5ll, for appeal rights.
**EffDte: O3/28/1989 MCRT#: O Div: D3 Cav: SecCls
14-5.5 Temporary Promotion or Reassignment
Employee's entitlement to grade or pay retention is not
affected by a temporary promotion or temporary reassignment. However
an employee serving under a temporary promotion or temporary
reassignment may not retain a grade or rate of basic pay held during
the temporary promotion or temporary reassignment.
**EffDte: O3/28/1989 MCRT#: O Div: D3 Gav: SecCls
14-5.6 Wage Board Employees
Similar salary retention provisions apply to Wage Board
employees.
**EffDte: O3/28/1989 MCRT#: O Div: D3 Gav: SecCls
| 14-6 WITHIN-GRADE INCREASE | See MAOP, Part 1, 8-8.6!|
! An employee who is denied a withingrade increase
because of failure to perform at an acceptable level of competency ma
request reconsideration of the Bureau's action by filing a written
request within 15 calendar days after receiving the denial
notification.
! If the employee files a request for reconsideration,
FBIHQ will establish a reconsideration file containing all pertinent
documents relating to the negative determination and the request for
reconsideration. This file will be made available to the employee
and/or his/her personal representative for review.
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! If the negative determination is sustained after
reconsideration, the employee will be informed in writing of the
reasons for the decision and that he/she has the right of appeal to
| the Merit Systems Protection Board| MSPB!92within|3O|days of receipt of
I the notification. 92An employee can only appeal to the MSPB if he/she
| requests internal reconsideration of the WIGI denial first.92
**EffDte: O2/14/2003 MCRT#: 1258 Div: D3 Gav: SecCls:
14-7 SUPPORT PROMOTION AND PLACEMENT
| Refer to MAOP, Part l, Section|77.92
**EffDte: O6/O6/1995 MCRT#: 389 Div: D3 Gav: SecCls:
k$<"kk%rA"k3<"kA"k%rkk3<"%rkkkk2<"kA"k!<"kA"k%rkkkA"3<"%r kkkk3<"%rk%rkk$<"%rA"k£"kA"k%rkkkA"3<"%rkkk9r
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SECTION 15. INJURIES AND DISABILITIES
**EffDte: O2/28/1978 MCRT#: O Div: D3 Cav: SecCls:
ALL IEFURHATZUK CEHTAIHE
HEREIN I3 UHCLAE5IFIED
DATE §EE£2UO7 BY $32% ASK §AH FPB 2T?
15-1 EMPLOYEE COMPENSATION MATTERS FEDERAL EMPLOYEES
COMPENSATION ACT!
**EffDte: O4/14/1988 MCRT#: O Div: D3 Cav: SecCls:
15-1.1 Coverage
The Federal Employees Compensation Act FECA! Title 5,
USC, Section 8101 and following! provides compensation and medical
care for all civil officers and employees of all branches of the
Government of the United States including instrumentalities of the
United States wholly owned by the United States! for disability due to
personal injuries sustained while in the performance of duty. The
term "injury" includes, in addition to injury by accident, a disease
proximately caused by the employment. The law also provides for the
payment of funeral and burial expenses and compensation for the
dependents if the injury or disease causes the employee's death. The
FECA is also applicable to Federal employees while serving as Federal
petit or grand jurors and while serving as members of the Reserve
Officers Training Corps and certain other groups, a listing of which
is maintained by the Department of Labor. The FECA is administered by
the Office of Worker Compensation Programs OWCP!, United States
Department of Labor.
**EffDte: O4/14/1988 MCRT#: O Div: D3 Cav: SecCls:
15-1.1.1 NOIICG Of Injury See MAOP, Part 1, 15-1.4, 15-1.7.!
! An employee is required to give his/her official
superior supervisor! written notice of injury in the performance of
duty. Compensation may be denied if notice of injury is not given or
if the supervisor does not have actual knowledge of the injury. The
applicable Form CA1 or CA2 is used. Section 10.110 of the Code of
Federal Regulations requires the Agency to submit the CA1 to OWCP not
later than 10 days after receipt of the written notice from employee
of an injury. Field offices must submit the CA1 directly to the OWCP
District Office which covers their geographical area. The only CA1
forms which should be forwarded are those in which there has been time
lost from work and/or medical treatment received by the injured
employee. Field offices must forward a copy of the CA1 to FBIHQ.
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All other employee compensation matters must be submitted to EBIHQ.
EBIHQ forwards compensation cases and related material to OWCP which
has the adjudication responsibility.
! The CAl forms should be submitted to the appropriate
District Office listed below:
BOSTON
Connecticut
Maine
Massachusetts
New Hampshire
Rhode Island
Vermont
NEW YORK
New Jersey
New York
Puerto RicoPHILADELPHIA
Delaware
Pennsylvania
West Virginia
JACKSONVILLE
Alabama
Florida
Georgia
Kentucky
Mississippi
North Carolina
South Carolina
TennesseeVirgin Islands
DALLAS
Arkansas
Louisiana
New Mexico
Oklahoma
TexasCHICAGO
Illinois
Minnesota
Wisconsin
DISTRICT OE COLUMBIA
Maryland
Virginia
District of Columbia
All LegatsCLEVELAND
Indiana
Michigan
OhioKANSAS CITY
Iowa
Kansas
Missouri
Nebraska
DENVER
Colorado
Montana
North Dakota
South Dakota
Utah
Wyoming
SEATTLE
Alaska
Idaho
Oregon
Washington
SAN FRANCISCO
Arizona
California
Hawaii HONOLULU!
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authorized exercises under the Program.
c! When a Form CA2 is filed claiming that an
occupational disease is casually related to the PFP participation, the
employee should state specifically what activities caused the
condition. A statement should be provided by the supervisor showing
what exercises were approved, in order to assure that the activities
performed were authorized under the Program.
d! All employees in a PFP must receive medical
clearance to participate. Be certified by a medical doctor during
his/her annual, or in some cases, triennial medical examination.!
**EffDte: O2/26/2003 MCRT#: 1259 Div: D3 Gav: SecCls:
15-1.1.2 Medical Care
An injured employee is entitled to first aid and medical
care for the injury; this includes hospital care when needed. The
medical care may be provided by any nearby duly qualified physician or
hospital of the employee's choice. When travel is necessary to
receive medical care, the injured employee may be furnished
transportation and may be reimbursed for travel and incidental
expenses.
**EffDte: O4/14/1988 MCRT#: O Div: D3 Cav: SecCls:
| 15-1.1.3 Traumatic lnjuries| See MAOP, Part 1, 15-1 .8.!|
A traumatic injury is defined as a wound or other
condition of the body caused byla specific event or incident or a
series of events or incidents within a single workday or shift.| The
injury must be identifiable as to time and place of occurrence and
member or function of the body affected and be caused by a specific
event or incident or series of events or incidents within a single day
or work shift. Traumatic injuries are distinguished from occupational
disease or illnesses in that the latter are produced by systemic
infections; continued or repeated stress or strain; exposure to
toxins, poisons, fumes, etc.; or other continued and repeated exposure
to conditions of the work environment over a longer period of time.
Traumatic injuries also include damage or destruction to prosthetic
devices or appliances, exclusive of eyeglasses and hearing aids unless
the eyeglasses and hearing aids were damaged incidental to a personal
injury requiring medical services.
**EffDte: O4/l3/2000 MCRT#: 967 Div: D3 Cav: SecCls:
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15-1.2 Continuation of Pay COP!
An employee who sustains a disabling, jobrelated
traumatic injury is entitled to continuation of regular pay for a
period not to exceed 45 calendar days. However, in no event shall
this be construed as requiring continuation of a person's employment
beyond the date it would have terminated had the employee not been
injured. The Bureau will continue the injured employee's pay unless
the claim falls in one of the controversial categories listed below.
This pay is subject to income tax, retirement, and other deductions.
It should be noted that any other benefit including medical care! is
considered to be compensation. An employee's pay during continuation
of pay will include premium, night or shift differential, Sunday and
holiday pay, or other extra pay; however, overtime pay must not be
included. Employees have 45 days in which to begin using the 45-day
COP. Additionally, if employees use only a portion of the 45-day COP,
they are allowed to use the remaining days within 45 days from the
date they first returned to work following the date of injury.
l! In counting COP, use calendar days and not workdays.
This includes holidays, weekends and days off.
! A day or portion of a day, spent in a lightduty or
limitedduty status, within the 45 days of disability, is counted as
one day of COP. This also includes the days the
modified to accommodate work restrictions set by
physician. However, COP is only chargeable when
formal assignment to an established job which isemployee's job was
the attending
there has been a
normally paid at a
lower salary and would otherwise result in loss of income to the
employee. The employee must be furnished with documentation of the
personnel action prior to the effective date of the action. If the
employee performs work of a limited lightduty nature in the absence
of documentation of a personnel action as described, COP will not be
chargeable. Return to work on a lightduty reassignment or detail is
to be reported to|OWCP. OWCP|must be provided with documentation
that the employee was found unfit for his or her
**EffDte: O7/l6/2002 MCRT#: l226 Div: D3
15-1.2.1 Controverting Claimsregular job.
Gav: SecCls:
If an employee's claim falls into one or more of the
categories listed below, it must be controverted and the employee's
pay stopped. Tn all other cases it may be controverted; however, the
employee's regular pay will not be interrupted during the 45-day
period unless the controversion is sustained by the OWCP. FBIHQ or
field office will controvert and terminate pay only if:
l! The disability is a result of an occupational disease
or illness; or
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! The injury occurred off the premises and the employee
was not involved in official "offpremise" duties; or
! The injury was caused by the employee's willful
misconduct; the employee intended to bring about the injury or death
of himself/herself or another person; or the employee's intoxication
was the proximate cause of the injury; or
! The injury was not reported on Form CA1, within 30
days following the injury; or
! Work stoppage first occurred 5|days or more
following the injury; or
! The employee initially reports the injury after
his/her employment has terminated; or
! When the employee, having been requested to submit a
doctor's certificate substantiating incapacitation for duty, fails or
refuses to do so.
**EffDte: O7/16/2002 MCRT#: 1226 Div: D3 Cav: SecCls:
15-1.2.2 Procedure for Controverting
! COP is controverted by:
a! Completing the indicated portion on Form CAl,
Federal Employee's Notice of Traumatic Injury and Claim for
Continuation of Pay/Compensation, and submitting the form to OWCP
within 10 days of thelinjured employee's signature date on the form.!
b! Submitting detailed information and a statement
to support controversion of COP.
! Where pay is continued after the employee stops work
due to a disabling injury, it is not interrupted until information is
received to the effect that the employee is no longer disabled; or
notification from the OWCP that pay should be terminated; or the
expiration of 45 days the period of COP!. If|it appears that!the
employee|will!not return to work by the end of COP, the following
procedures are to be followed:
a! After 30 days of COP: Begin preparations to
submit a wage loss claim to OWCP. Office supervisory personnel should
give Form CA7, Claim for Compensation on Account of Traumatic Injury,
to the injured employee with instructions to complete Part A and
return the form within one week. The employee should be advised that
OWCP consideration of the claim will depend on timely submission of
the Form CAr7 by the employee and the timely submission by the doctor
of medical evidence of disability for work for a specific period
CAl6 or CA2O!.
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b! After 40 days of COP: lf the Form CA7 has not
been returned, the office should contact the employee telephonically
and request immediate submission of the form. If the employee has not
returned to work by the 40th day of COP, the office should submit the
completed Form CAr7, and any new medical evidence it has, to OWCP. If
the employee returns to work after the Form CA7|had been submitted,
the office should notify OWCP BY TELEPHONE lMEDIATELY tolverify
return to work. Telephone notification is critical to avoid
overpayment|
c! Ten 0! days before the period covered by Form
CA7 expires: If disability is expected to continue beyond the period
claimed on the Form CA7, the office should give the injured employee
lanother Form CA7, Claim for Compensation on Account of Disability,
with instructions to complete and return it to the office. The office
should send it to OWCP at least 5 days before the end of the period
covered by the initial Form CA7 expires. Where disability is
expected to continue, and until advised by OWCP that the employee has
been placed on its regular roll, the office should continue to obtain
and submit Forms|CA7|at least 5 days before the end of the period
claimed on the preceding Form|CA7.
! Compensation based on loss of wages is payable after
the 45th day in traumatic injuries or from the beginning of pay loss
in all other types of injuries.
**EffDte: O7/16/2002 MCRT#: 1226 Div: D3 Cav: SecCls:
15-1.3 Injuries Resulting in Total Disability
When an injured employee who has no dependents loses pay
due to total disability resulting from an injury, compensation is
payable at the rate of 66 2/3 percent of the pay rate established for
compensation purposes. The compensation rate is increased to 75
percent when there are one or more dependents. Dependents include a
wife or husband; an unmarried child under 18 years of age or if over
18, incapable of selfsupport, or a student until reaching 23 years
of age or completing four years of school beyond the high school
level!; or a wholly dependent parent. Compensation begins when the
employee starts to lose pay if the injury causes permanent disability
or if there is pay loss for more than 14 days; otherwise compensation
begins on the fourth day after pay stops. Compensation may not be
paid while an injured employee receives pay for leave. The employee
has the right to elect whether to receive pay for leave or to receive
compensation.
**EffDte: O4/14/1988 MCRT#: O Div: D3 Cav: SecCls:
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
15-1.4 Responsibility for Reporting Traumatic Injury See MAOP, Part 1, 15 1 1 1
15-1.7 !.!
When an employee sustains a traumatic injury in the
performance of duty, the employee or someone acting on his/her
behalf must give a written report on Form CAl to the supervisor
within two workdays following the injury; The supervisor must
ensure its prompt submission no later than 10 workdays following
written notice of injury from employee! to the OWCP District Office
with one copy forwarded to FBIHQ. It must be shown on the form
whether the employee wishes sick or annual leave or requests
| continuation of regular pay for the period of disability.|
**EffDte: O7/l6/2002 MCRT#: l226 Div: D3 Cav: SecCls:
15-1.5 Duty Status Reports
l! A "Duty Status Report," Form CAl7, will be used to
obtain interim medical reports concerning the employee's duty status.
If during the 45-day period the treating physician indicates the
employee is able to return to work but he/she refuses to do so, the
continued absence from work will result in an overpayment. If the
treating physician indicates the employee is able to return to work
with restrictions, Form CA17, showing the ability to work, plus
an explicit statement of the lightduty job offered to the employee,
along with its physical requirement and documentary evidence of the
offer, are to be submitted to the appropriate OWCP district office, as
evidence that entitlement to COP may be terminated. The period of
absence from the job which resulted in the overpayment will be
determined by the OWCP. The supervisor may then require the employee
to resolve any overpayment.
! Similarly, if an employee returns to light duty,
documentation must be submitted in writing to the appropriate OWCP
office, that the employee was found unfit for regular duty by the
attending physician, and that the employee was placed in a lightduty
job, or that the employee's regular job was modified as a result of
the injury.
! If medical evidence shows disability is expected to
continue beyond 45 days and compensation is desired after expiration
of the period, Form CA7 must be completed and filed with the
appropriate OWCP district office not more than 14 workdays
| after the termination of the 45 days of COP. Additional Forms CA7|
should be submitted every two weeks until the employee returns to duty
or is placed on automatic rolls with OWCP.
**EffDte: O7/16/2002 MCRT#: 1226 Div: D3 Gav: SecCls:
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
| 15-1.6 Responsibility for Reporting Nontraumatic Injury | See MAOP, Part 1, 15
1.4.!|
An injured employee, or someone acting on the employee's
behalf, is required to give notice of injury and file claim for
compensation for disability within BO days after an injury in the
performance of duty or in unusual cases a longer period is
permissible. Form CAr2 is provided for this purpose. If the injured
employee dies, dependents are required to file claim for compensation
for death within the specified time, with the exception that the
timely filing of a disability claim because of an onthejob injury
will satisfy the time requirements for a death claim based on the same
injury. Notices and claims are to be filed with the employee's
| supervisor who will submit the notice and claim to|the designated
| workers' compensation representative with a copy forwarded to FBIHQ!|
for transmittal to OWCP. The person claiming benefits must thereafter
submit any other reports and proof that OWCP may require.
**EffDte: O7/16/2002 MCRT#: 1226 Div: D3 Cav: SecCls:
15-1.7 Responsibility of Supervisor Traumatic Injury Cases!
l! Upon receiving notice that an employee has sustained
a jobrelated traumatic injury the division head, SAC, or appropriate
supervisor will promptly authorize medical care. Form CAl6 must be
issued by Bureau official within 4 hours of employee's request, or in
case of emergency, at the time the need for medical treatment is
recognized by the official supervisor. Provide the employee with Form
CAl for reporting the injury and upon receipt of the completed form
return to the employee the "Receipt of Notice of lnjury."
! Advise the employee of the right to elect
continuation of regular pay or use annual or sick leave, if the injury
is disabling. Inform the employee whether continuation of pay will be
controverted, and if so, whether it will be terminated, and the basis
for such action. If the supervisor controverts the claim whether or
not pay is terminated!, explanation for the controversion must be
submitted on the supervisor's portion of Form CAl and/or by separate
narrative report for consideration by the Bureau and OWCP. Form CAl,
fully completed by both employee and supervisor, together with all
other pertinent information and documents, must be submitted within
| twolworkdayslfollowing the supervisor's receipt of the form from
employee and within 10 days following written notice of the
| employee's injury! to OWCP District Office inithe appropriate|
geographical area see l5l.l.l!.
! Form CAl6 may be released to an Army, Navy, Air
Force or Department of Veterans Affairs medical officer or facility,
or to a duly qualified private physician.
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8
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**EffDte: O7/l6/2002 MCRT#: l226 Div: D3 Cav: SecCls:
| 15-1.7.1 Selecting Medical Facility or Physician | See MAOP, Part 1, 15-1.1
l! The injured employee has the option to initially
select a duly qualified private physician or hospital in the area.
Generally speaking, the area is defined as within 25 miles of the
employing establishment or the employee's home. The supervisor shall
give the injured employee an opportunity to select the physician. The
physician selected by the employee should be contacted by telephone to
determine if the physician is available and will accept the employee
for treatment. If not, the employee
physician. Should the employee wishmust select another qualified
to change physicians after the
initial choice, the OWCP must be contacted for approval.
! Medical providers physicians! who have been
convicted under a criminal statute for fraudulent activities in
connection with a federal or state program for which payments are made
to providers for medical services are automatically excluded from
participation in the FECA program. This means that their bills for
services rendered to the employee will not be honored by OWCP. OWCP
will periodically distribute the names and addresses of excluded
providers, along with those who have
agencies. An excluded physician may
rendered in a medical emergency. An
attending physician is excluded will
choose a new physician.
! Authorization of medical care is valid for
unless withdrawn sooner by OWCP, by written notification to
I providerland injured employee.!
! OWCP will make no payment or reimbursement
is submitted more than one year beyond the calendar year in
expense was incurred or the case was
later.been reinstated, to federal
be reimbursed only for services
employee whose initially chosen
be given the opportunity to
60 days,
the
if a bill
which the
first accepted, whichever is
**EffDte: O7/16/2002 MCRT#: 1226 Div: D3 Cav: SecCls:
15-1.7.2 Physician Defined
The term physician includes surgeons, osteopathic
practitioners, podiatrists, dentists, clinical psychologists,
optometrists, and chiropractors within the scope of their practice as
defined by state law. The term physician includes chiropractors only
to the extent that their reimbursable services are limited to
treatment consisting of manual manipulation of the spine to correct an
abnormal subluxation as demonstrated by Xray to exist, and subject to
regulation by the Secretary of Labor. Naturopaths, faith healers, and
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other practitioners of the healing arts are not recognized as
physicians Within the meaning of the law.
**EffDte: O8/29/1990 MCRT#: O Div: D3 Gav: SecCls:
15-1.8 Occupational Disease Cases
Upon receiving notice that an employee has sustained an
occupational disease, the supervisor should provide the employee with
| |FormlCA2 for reporting the occupationalldisease. Upon|receipt of
| the completedlform, the supervisor willlreturn to the employee the
"Receipt of Notice of Injury." Continuation of pay is not applicable
in these cases. Advise the employee to furnish supporting medical and
factual information requested on the Instruction Sheet, attached to
the CA2. If possible, this information should accompany the form
when it is submitted to FBIHQ. Submission of the form should not be
delayed. Advise the employee of the right to elect sick or annual
leave, pending adjudication of the claim by the OWCP.
**EffDte: O7/l6/2002 MCRT#: l226 Div: D3 Cav: SecCls:
15-1.9 Permanent Total Disability
| When an injury causes total disability, the employee is
entitled to compensation until death unless the employee is medically
I or vocationally rehabilitated. Compensation for total disability
eguals 66 2/3 percent of the employee's pay, and 75 percent when there
is a dependent. The employee may receive additional compensation, not
to exceed92$l500lper month, when the services of an attendant are
lmedically established and documented. These services are to be
provided by a home health aide, licensed practical nurse or similarly
trained individual.92
**EffDte: O4/l3/2000 MCRT#: 967 Div: D3 Cav: SecCls:
15-1.9.1 Partial Disability; Loss of Wage-Earning Capacity
An injured employeelwho returns to work at a lesser paying
position|may receive compensation computed on loss of wageearning
capacity when unable to returnito his/her position at the date of
his/her injurylbecause of partial disability as a result of the
injury. The compensation will be paid so long as there is a loss of
wageearning capacity.
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**EffDte: 04/l3/2000 MCRT#: 967 Div: D3 Cav: SecCls:
15-1.9.2 Scheduled Awards
Compensation is provided for specified periods of time for
the permanent loss, or loss of use, of each of certain members,
organs, and functions of the body. Compensation for proportionate
periods of time is payable for partial loss, or loss of use, of each
member, organ or function. The compensation for scheduled awards will
equal 66 2/3 percent of the employee's pay, and 75 percent of the pay
when there is a dependent. Proper and equitable compensation, not to
exceed $3,500, may be paid for serious disfigurement of the face, head
| or92neck.| Compensation for loss of wageearning capacity may be paid
after the schedule expires.
**EffDte: 04/l3/2000 MCRT#: 967 Div: D3 Cav: SecCls:
| 15-1.10 Death | See Legal Attache Manual, Section 4.!|
Burial Expense A sum, not to exceed $800, may be paid
| for funeral and burial expenses. When anlemployee dies outside of
| the United States or away from home or official duty stationlan
additional sum may be paid for transporting the remains to the
I |employee's|home. An additional sum of $200 is paid to the personal
representative of the decedent for reimbursement of the costs of
termination of the decedent's status as an employee of the United
States.
**EffDte: 04/l3/2000 MCRT#: 967 Div: D3 Cav: SecCls:
15-1.10.1 Dependent Compensation
When there are no children entitled to compensation, the
employee's widow or widower may receive compensation equal to 50
percent of the employee's pay until death or remarriage. Upon
remarriage, a widow or widower will be paid a lump sum equal to 24
times the monthly compensation being paid on his or her own behalf,
| except that if such remarriage occurs on or after the age of9255,92the
lump sum payment will not be made and compensation will continue until
the beneficiary's death. When there is a child entitled to
compensation, the compensation for the widow or widower will equal 45
percent of the employee's pay plus l5 percent for each child, but not
more than 75 percent of the employee's pay. A child is entitled to
compensation until he or she dies, marries, or reaches 18 years of
age, or, if over 18 and incapable of selfsupport, becomes capable of
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selfsupport. If an unmarried child is a student when reaching 18
years of age, compensation may be continued for as long as the child
remains a student or until he or she marries. It may not, however, be
continued beyond the end of the semester or enrollment period after
the child reaches 23 years of age or has completed four years of
school beyond the high school level.
**EffDte: O7/16/2002 MCRT#: 1226 Div: D3 Gav: SecCls:
15-1.10.2 Minimum and Maximum Compensation
92Maximum compensation|for disability may not exceed 75
percent of the monthly pay of the highest step of grade 15 of the
General Schedule. 92Basic monthly pay does not include locality
adjustments. This maximum compensation limit does not apply to
disability sustained in the performance of duty which was due to an
assault that occurred during an attempted assassination of a federal
official. |For total disability,92minimum,compensationimay not be less
than 75 percent of the monthly pay of the first step of grade 2 of the
General Schedule or actual pay, whichever is less. |Minimum
compensationifor death is computed on a minimum pay equal to the
Ibasic monthly pay of an employee at the|first step of grade 2 of the
General Schedule. The totalimaximumicompensation may not exceed the
employee's pay or 75 percent of the monthly pay of the highest step of
grade 15 of the General Schedule, except that compensationiin death
casesiis allowed to exceed the employee's monthly pay if such excess
is created by authorized cost of living increases.
**EffDte: O4/13/2000 MCRT#: 967 Div: D3 Gav: SecCls:
15-1.11 Vocational Rehabilitation
Vocational rehabilitation, job counseling, and placement
assistance may be provideditolan injured employee who is unable to
return to usual employment because of permanent disability due to the
injury. Additional compensation not to exceed $200 per month may be
paid if it is considered necessary for maintenance when the employee
is pursuing an approved training course. Also, an employee will be
paid at the rate for total disability while pursuing an OWCPapproved
training course.
**EffDte: O7/16/2002 MCRT#: 1226 Div: D3 Gav: SecCls:
15-1.12 Medical Information Needed for Reinstatement See MIOG, Part 1, 67-3 9 !
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| l! The Bureau may monitor the employee's medical progress
and duty status by obtaining periodic medical reports:
a! The form CAl7 is usually adequate for this
purpose.
b! To aid in returning an injured employee to
suitable employment, the employer may also contact the employee's
physician in writing to obtain work limitations and consideration of
possible light duty assignments.
c! The employer may also contact the injured
employee at reasonable intervals to request periodic medical
reports.
! The Bureau does not have the authority to order an
employee or former employee receiving compensation benefits to submit
to a medical examination related to the accepted compensable injury
for the purposes of reemployment, but the Bureau may offer a medical
examination by a Bureau designated physician. The Bureau is obligated
to pay for the cost of this examination.
! Where the attending physician or the OWCP notifies
the Bureau that the employee is partially disabled that is, the
employee can perform some work but is not able to return to the
position held on the date of injury!, the employer should act as
follows:
a! If the employee can perform a specific
alternative position that is available at the Bureau, written notice
must be provided to the partially disabled employee. The notice must
include all items noted in ! d! below.
b! If the employee can perform restricted or
limited duties only, which are not a part of an existing specific
position, the Bureau should determine whether an existing job can be
modified to accommodate the medical restrictions of the injured
employee. If so, the Bureau must advise the employee in writing of
the modified position. Such notification must include all items noted
in ! d! below.
c! The employer may make any job offer verbally,
but is required to provide the same offer in writing to the employee
within two business days of the verbal offer.
d! The written job offer must include a description
of the duties of the position, the physical requirements of those
duties, the date that the position is available and the salary rate of
the position. This notice must also include a date by which the
employee is required to either return to work or notify the Bureau of
his/her decision to accept or refuse the job offer. The Bureau must
send a complete copy of any job offer to the OWCP when it is sent to
the employee.
OWCP has the final authority in determining whether any job offer that
is within the employee's medical limitations, is suitable.
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**EffDte: O4/13/2000 MCRT#: 967 Div: D3 Cav: SecCls:
15-1.13 Buy-back of Leave
l! |When disabled from work, an|employee may decide to
take sick or annual leave, or both,!rather than compensation!to avoid
possible interruption of income. If the employee elects to take leave
and the claim for compensation is subsequently approved, the employee
may arrange with the employing agency to buy back the leave used and
have it reinstated to the employee's account. The compensation to
which he or she is entitled would pay a part of the buyback cost and
the employee!is required!to pay the balance. The amount the employee
will be required to pay will depend on several factors such as the
length of the period of disability and the amount of Federal income
tax which is withheld from leave pay.
! An employee who uses leave and decides to buy it
back, may file a claim on Form CA7 while still in leave status. In
the interim, the OWCP will consider and resolve any points at issue.
No compensation payments may be paid, however, while the employee is
still in leave status. Arrangements to buy back leave must be made
with the Bureau.
! Under regulations of the Office of Workers
Compensation Programs, Department of Labor, an agency may establish
the period in which a request for buyback of leave will be!accepted.
Effective!June l, l979, FBTHQ will not accept buyback requests|for
periods!which are in excess of three!years retroactive.! The time
period during which a request will be accepted will commence on the
last day of leave utilized in connection with the injury.
! If an employee buys back regular annual leave which
is recredited to a prior leave year, and the recredit causes a leave
balance at the end of that leave year to be in excess of the maximum
accumulation 40 hours!, the excess leave will immediately be
forfeited as of the beginning of the leave year following the year to
which it is recredited. In situations in which it appears that the
Bureau did not inform the employee of the consequences of buying back
leave which would be forfeited, the employee can be retroactively
returned to an annual leave status to an extent necessary to avoid
forfeiture of the repurchased leave. This procedure would also
require a refund of compensation payments to OWCP for the period of
annual leave.
! If repurchase of sick or annual leave is in the same
tax year in which the leave was used, the amount is excluded from
taxable income for that year.
**EffDte: O4/l3/2000 MCRT#: 967 Div: D3 Cav: SecCls:
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15-1.14 Third Party Liability
| l! If an injury or death for which benefits are payable
under the FECA is caused, wholly or partially, by someone other than a
federal employee acting within the scope of his or her employment, the
injured employee can be required to take action against that third
party.
! The OWCP has the right to reimbursement for expenses
incurred in a claim from any damages recovered in a case involving
third party liability. The recovery of these funds ultimately reduces
the "chargeback" amount that the Bureau is required to pay to the
OWCP. At the minimum, in the presence of third party liability, the
injured employee is required to seek damages for the injury or death
from the third party, either through an attorney or on his/her own
behalf. He or she must:
a! Either initiate a lawsuit within the appropriate
statute of limitations period or obtain a written release of this
obligation from OWCP or Solicitor or Labor SOL! unless a recovery
is possible through a negotiated settlement prior to filing suit;
b! Refuse to settle or dismiss the case for any
amount less than the amount necessary to repay OWCP's disbursements
without receiving written permission from OWCP or SOL;
c! Provide periodic status updates and other
relevant information in response to requests from OWCP or SOL;
d! Submit detailed information about the amount
recovered and the costs of the suit on a "Statement of Recovery" form
approved by OWCP; and
e! Pay any required refund to OWCP.92
**EffDte: O4/l3/2000 MCRT#: 967 Div: D3 Cav: SecCls:
15-1.15 Basic Compensation Forms
FORM # TITLE
CAl Federal Employee's Notice of Traumatic Injury
and Claim for Continuation of Pay/Compensation
CA2 Federal Employee's Notice of Occupational
Disease and Claim for Compensation
CA2a Notice of Employee's Recurrence of Disability
and Claim for Pay/Compensation
CA5 Claim for Compensation by Widow, Widower,
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CA5b
CA6
CA7
I
CA16
CAl7
CA2Oand/or Children
Claim for Compensation by Parents, Brothers,
Sisters, Grandparents, or Grandchildren
Official Superior's Report of Employee's Death
Claim for Compensation on Account of Traumatic
Injury or Occupational Disease
Request for Examination and/or Treatment
Duty Status Report
Attending Physicians Report
CA2Oa Attending Physicians Supplemental Report
**EffDte: O7/16/2002 MCRT#: 1226 Div: D3 Cav: SecCls
15-1.16 Penalties
| |! Statutory provisions make it a crime to file a false
I or fraudulent claim or statement in connection with a claim under the
| FECA, or to wrongfully impede a FECA claim.
Justice.
submit or present
the FECA.
of defrauding the
for benefits, the
terminated. This
subsequent change! Any person who makes a false statement to obtain
federal employees compensation payments to which he or she is not
entitled is subject to criminal prosecution by the Department of
! In addition, administrative proceedings may be
initiated under the Program Fraud Civil Remedies Act of 1986 to
impose civil penalties and assessments against persons who make,
or cause to be made, submitted or presented false,
fictitious or fraudulent claims or written statements to OWCP under
! When a beneficiary of compensation either pleads
guilty or is found guilty on either federal or state criminal charges
United States government in connection with a claim
entitlement to any further compensation benefits is
termination is permanent and not subject to any
in the employee's medical condition.!
**EffDte: O4/13/2000 MCRT#: 967 Div: D3 Cav: SecCls
| 15-2 FEDERAL EMPLOYEES HEALTH BENEFlTS| FEHB!|PROGRAM
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| The Federal Employees Health Benefits! FEHB! Program,|
which became effective at the beginning of the first pay period after
| July 1, l96O,!gives!all eligible government employees an opportunity
to enroll in an approved health benefits plan. The government
only or self and family!.|contributes a portion of!an employee's|premium, and the remainder is
paid by!the|employee through payroll deduction. The amount!of the
premium!varies depending!on the chosen plan and option i.e., self
**EffDte: O7/O9/2001 MCRT#: 1117 Div: D3 Cav: SecCls:
| 15-2.1 |Avai|ab|e FEHB Plans and|E|igibility
reimburse the employee or the
sponsored by unions and other
generally have no deductibles
service plans, since payments
basis instead of for specific
! A comparison
of all|FEHB plans|and general
OPM's!!Brochure R1 7O1,|the
appointments in excess of one
in the FEHB program within 60
the permissible changes cited! Eligible employees have the choice of enrolling inla
fee for service plan or a comprehensive medical plan often called a
health maintenance organization HO! plan!. Fee for service plans
health care provider doctor, hospital,
etc.,! for services covered by the plan, and the employee may choose
any provider at any time although these plans usually provide
preferred provider options PPOs! as an incentive to reduce costs!.
Fee for service plans available to FBT employees include the
governmentwide Service Benefit Plan sponsored by the national Blue
Cross/Blue Shield organization, the plan sponsored by the Special
Agents Mutual Benefit Association SAMBA!, and a variety of plans
employee organizations. HMOs, on the
other hand, designate the physicians and organizations which will
serve as health care providers to enrollees of those plans, and
provide their services only within defined geographic areas. HMOs
and lower copayments than fee for
to the provider are made on a regular
covered services.!
chart of the major benefits and premiums
information about the|FEHB program!
are included in the!U.S. Office of Personnel Management's
Guide to FEHB Plans for Federal Civilian
Employees.! The complete description of benefits|for!each|FEHB!
plan is described in the individual brochure for|that!plan.
|The RI 70-1, the plan brochures, and Standard Form 2809, the Health
Benefits Registration Form, are available from FBlHQ's Employee
Benefits Unit EBU! and each division's insurance representative, as
well as on OPM's Internet site. Regardless of which plan an employee
may choose, he/she is not required to take a physical examination, and
he/she and any eligible family member! is covered without regard to
any preexisting medical condition. See MAOP, Part 1, 2-7.!
! Employees serving on permanent i.e., career or
careerconditional! appointments, term appointments, and temporary
year's duration are eligible to enroll
days after entry on duty, as well as for
in section l52.4 below. FEHB coverage
is not available to contract employees and those temporary employees
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
whose appointments are limited to less than one year's duration.
Eligible employees may enroll to cover only themselves or both
themselves and their eligible family members. Family members eligible
to be covered by an FEHB plan include an employee's current spouse and
his/her unmarried dependent children under age 22, including
stepchildren if they live with the employee in a regular parentchild
relationship!, foster children, adopted children, and/or recognized
natural children. An employee cannot register to enroll in the FEHB
program if he/she is covered through the FEHB registration of another
individual.|
**EffDte: O7/09/2001 MCRT#: 1117 Div: D3 Cav: SecCls:
15-2.2 Effective Dates
|Generally, FEHB enrollments and changes in enrollment
become effective on the first day of the first pay period after the
pay period in which an authorized FBI official receives the Standard
Form 2809 requesting the enrollment or change. The Standard Form 2809
may be received either by FBTHQ's EBU or by a field office insurance
representative. The effective date of a cancellation made outside the
annual FEHB Open Season is the end of the pay period in which the
Standard Form 2809 is received by an authorized FBI official. The
effective date of enrollments and changes made in conjunction with the
annual FEHB Open Season is January 1 of the year following the year in
which the Open Season is conducted. The effective date of an
enrollment or change made in conjunction with the birth or acquisition
of an eligible child is the first day of the pay period in which the
child is born or otherwise acquired. Upon an employee's specific
written request certifying that there are no longer any family members
eligible to be covered in a self and family enrollment, the effective
date of a change from self and family to self only made under such
circumstances may be retroactive to the first day of the first pay
period after the one in which there were no family members eligible
for coverage.92
**EffDte: 07/09/2001 MCRT#: 1117 Div: D3 Cav: SecCls:
15-2.3 SAMBA
ISAMBA offers a fee for service FEHB plan to all FBI
employees eligible for coverage in the FEHB program. However, an
employee may enroll in the SAMBA plan only if he/she is otherwise
eligible to enroll or change an FEHB enrollment due to an event cited
in section 152.4 below; Coverage under the SAMBA Health Benefit Plan
conveys full membership in SAMBA; employees not covered by the SAMBA
Health Benefit Plan may enroll in other SAMBA plans i.e., dental and
vision, group term life insurance, accident, disability, etc.!, but
must pay an associate member's fee of $1.00 per pay period. In
SENSITIVE
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addition, SAMBA offers a Dependent Health Benefit Plan to employees
under the regular SAMBA Health Benefit Plan whose children are
unmarried, financially dependent, and between the ages of 22 and 27.
This plan is outside the FEHB program and is not a part of the FEHB
Temporary Continuation of Coverage TCC! provisions described in
section 152.13 below. Additional information pertaining to
enrollment, premiums, and benefits of the SAMBA Health Benefit Plan
are set forth in the FEHB plan brochure for the SAMBA plan, while
additional information pertaining to other SAMBA plans are set forth
in the separate SAMBA general brochure.!
**EffDte: O7/O9/2001 MCRT#: 1117 Div: D3 Gav: SecCls:
| 15-2.4 Permissible Changes | See 15-2.1 and 15-2.3.!|
! |An eligible employee not currently enrolled in the
FEHB program may enroll when the following events occur:
a! Entry on duty, or first eligibility for
coverage,
b! The annual FEHB Open Season,
c! A change in family status for example,
marriage, birth or death of family member, adoption, legal separation,
divorce, acquisition of child, or issuance of a court or
administrative order requiring coverage for eligible children!,
d! A change in employment status for example,
reemployment after a break in service of more than three days, return
to pay status following a loss of coverage due to expiration of 365
days of nonpay status, or termination of coverage during nonpay
status, restoration to a civilian position after military service,
change in type of appointment from temporary to a type eligible for
FEHB participation, or a change to or from a parttime tour of duty!,
e! Separation from federal employment when either
the employee or the employee's spouse is pregnant,
f! A transfer to or from a post of duty outside the
50 United States,
g! A loss of coverage by either the employee or an
eligible family member under either FEHB or another group insurance
plan for example, loss of coverage under another FEHB enrollment due
to termination, cancellation, or change to self only of the covering
enrollment, loss of coverage under another federal health insurance
plan such as TRTCARE, loss of membership in an employee organization
plan when employee is no longer a member of the organization, loss of
coverage under Medicaid or similar statesponsored program, or a loss
of coverage for any reason under a nonfederal health plan!,
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19
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
h! The employee's spouse's loss of coverage under a
nonfederal health plan when the spouse follows an employee who moves
out of the previous home area to accept another federal position, or
i! A temporary employee completing one year of
continuous service, thereby making him/her eligible for FEHB
participation.!
! Iln addition to the above, an employee who is already
enrolled in an FEHB plan may change plans, or may change from self
only to self and family under the same plan, when the following events
occur:
a! An employee, or eligible family member, loses
coverage due to the discontinuance, in whole or in part, of his/her
FEHB plan,
b! An employee, or eligible family member, moves
out of the geographic servicing area of the HMO covering them,
c! An employee
change may only be made once in abecomes eligible for Medicare this
lifetime!,
d! An enrolled
insufficient to make withholdings
enrolled, ortemporary employee receives a salary
for the FEHB plan in which he/she is
e! An employee enrolled in a self only plan
receives a court or administrative order requiring a change to a self
and family plan serving the area where his/her children live, in order
to provide health insurance coverage for his/her children.!
! |An employee may cancel his/her enrollment or, if
enrolled for self and family, may change to self only at any time,
provided he/she is not under court or administrative order to maintain
a self and family plan to provide coverage for his/her children. In
such an event, and if FBIHQ receives a qualifying court order on or
after October 30, 2000, EBU may deny the requested change. lf such a
change was inadvertently processed by the FBI, EBU may change the
enrollment back to self and family if the plan serves the area where
the children live!, or may change the enrollment to the standard self
and family enrollment of the Service Benefit Plan if the employee's
own plan does not serve the area where the children live!, provided
that the employee does not make the appropriate change on his/her own
within one pay period after receiving written notice from EBU of the
obligation to comply with the order. If otherwise eligible, a
cancellation or change to self only could result in loss of pretax
treatment of FEHB premiums i.e., premium conversion!, unless the
change is made in conjunction with a qualifying life event see
section l52.l4!.|
|! The!Notice of Change in Enrollment Status!form
Standard Form
8l0! is for the exclusive use of|FBIHQ personnel!to
give official notice to employees and carriers of enrollment actions
and must not be!completed and/or submitted!by a field office
representative.
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| |!92 The enrollment of an employee continues without
change when an individual enters the service of the Bureau from
another government agency without a break in service of more than
three calendar days provided the employee was notlpreviouslylenrolled
in an92HMO not covered by the new geographic area, or in a plan
sponsored by an employee organization of which the employee is no
longer eligible for membership. In such a circumstance, thelemployee
should register again by92completing a new SF2809.|
**EffDte: O7/O9/2001 MCRT#: lll7 Div: D3 Cav: SecCls:
15-2.5 Nonpay Status
l! Employees in|any type of nonpay status including
military service, suspension, absence without leave, or approved leave
without pay! may terminate their FEHB coverage during nonpay status,
or they may continue their FEHB coverage for up to 365 consecutive
days of nonpay status and have both the employee share and the
government share of their health insurance premiums paid by the
Bureau. However, employees who choose continued coverage must
reimburse the Bureau for the employee share by either
submitting|payments for health benefits coverage|to the FBIHQ Payroll
UnitIorlhavinglthelaccumulated premiumslwithheldlfrom paylupon return
to pay status.
| ! |Deleted92
**EffDte: O7/O9/2001 MCRT#: lll7 Div: D3 Cav: SecCls:
| 15-2.6 |De|eted|
**EffDte: O7/O9/2001 MCRT#: lll7 Div: D3 Cav: SecCls:
| 15-2.7 |De|eted|
**EffDte: O7/O9/2001 MCRT#: lll7 Div: D3 Gav: SecCls:
| 15-2.8 Retirement | See 15-2.9.!|
l! Employees who retire are eligible to continueltheir
FEHB enrollments into retirement92if they meet all of the following
requirements: 92be|enrolled in a health benefits plan at the time of
retirement; retire92on an92immediate annuity92 including an optional,
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21
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| discontinued, or disability retirement!; and|have been continuously
| enrolled for health benefits during all service sinceleither thelfirst
opportunity to enroll or for the five years of service immediately
| preceding!retirement.|
! |When an employee is eligible to continue his/her
enrollment into retirement, FBIHQ will prepare the appropriate
documents to transfer his/her enrollment to the Office of Personnel
Management OPM! under the Civil Service Retirement System CSRS! or
Federal Employees Retirement System FERS!, as appropriate.!
**EffDte: O7/O9/2001 MCRT#: 1117 Div: D3 Gav: SecCls:
| 15-2.9 |Reemp|oyed Annuitants
CSRS and FERS annuitants who are reemployed in the Bureau
and who had their FEHB coverage transferred to OPM at the time they
retired may continue their health insurance as retirees, and need not
reregister for FEHB coverage upon returning to duty. CSRS and FERS
annuitants who either lose their annuities upon reemployment or who
did not meet the fiveyear participation reguirement for continuing
FEHB coverage after retirement may reregister for FEHB coverage upon
returning to duty, provided they have been appointed in positions
eligible for FEHB coverage. In addition, a CSRS or FERS annuitant may
ask OPM to transfer his/her FEHB coverage back to the Bureau upon
reemployment in order to participate in the premium conversion i.e.,
pretaX treatment of premiums! program. Reemployed annuitants who
are covered by the FEHB program as employees may have their FEHB
coverage transferred to OPM upon final separation, provided they meet
the fiveyear participation reguirement in section 152.8 above.!
**EffDte: O7/O9/2001 MCRT#: 1117 Div: D3 Cav: SecCls:
15-2.10 Survivors
A survivor of an enrolled employee or annuitant is
eligible to continue!FEHB coverage after the death of the employee or
annuitant if the employee or annuitant was enrolled for self and
family at the time of death, and if at least one member of the family
i.e., the current spouse or any eligible child! is entitled to a
survivor benefit under CSRS or FERS either a continuing annuity or
the FERS Basic Employee Death Benefit!. Continued coverage for all
eligible family members will be automatic when the title to the
qualifying survivor benefit is established, provided the above
qualifications are met. If the survivor benefit is insufficient to
pay the monthly FEHB premium, the eligible survivor may establish a
direct payment plan with OPM to continue the FEHB coverage.!
**EffDte: O7/O9/2001 MCRT#: 1117 Div: D3 Cav: SecCls:
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22
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15-2.11 Federal Employees Compensation Act
An employee or former employee who receives benefits under
the Federal Employees Compensation Act is eligible to continue
enrollment if all of the following requirements are met: is enrolled
in a health benefits plan at the time compensation starts; has been
continuously enrolled for health benefits during all of service since
first opportunity to enroll, or for the five years of service
immediately preceding the start of compensation under the Federal
Employees Compensation Act, or, from on or before December 31, 1964,
until the start of compensation; receives "monthly compensation"; and
is determined by the Secretary of Labor to be unable to return to
duty.
**EffDte: 1O/27/1986 MCRT#: O Div: D3 Cav: SecCls:
| |15-2.12 Civil Service Retirement Spouse Equity Act
Federal Employees
Program FEHBP!.
must pay both the
and must register
employeeThe Civil Service Retirement Spouse Equity Act of 1984 and
the Federal Employees Benefits Improvement Act of 1986 amended the
Health Benefits Act to permit certain former spouses
of civil service employees, former employees and annuitants to enroll
in a health benefit plan under the Federal Employees Health Benefits
Former spouses who are eligible for health benefits
employee's and the Government's share of the premium
to enroll in the program with the agency where the
is or was employed at the time the marriage was dissolved.|
**EffDte: 1O/27/1986 MCRT#: O Div: D3 Cav: SecCls:
15-2.12.1 Conversion Rights and Temporary Extension of Coverage
The former spouse of an employee is covered for health
benefits for 31 days after divorce with the right to convert to a
nongroup plan. To prevent loss of health benefits coverage, the
former spouse may
employee's health
eligibility under
the enrollment to
sends information
delay between thedesire to convert to the nongroup policy with the
benefit carrier while waiting for health benefits
the Spouse Eguity Act to be established and
become effective. 92Since the National Finance Center
to carriers on the first and fifteenth of each month
and it takes insurance carriers at least two weeks after receipt to
establish enrollees on their systems, enrollees should prepare for the
time they sign up for insurance and the time they
receive their identification cards from the carriers. Enrollees
should stock up on needed medication and make doctor appointments
SENSITIVE
2 3
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
| during the 31-day extension of coverage. See MAOP, Part T, 152.13.3
I !-!!
**EffDte: 12/16/1993 MCRT#: 171 Div: D3 Cav: SecCls:
15-2.12.2 Eligibility Requirements for Health Benefits
The former spouse must meet the following requirements to
be eligible to enroll in a health benefit plan:
! The former spouse must not have remarried before age
55;
! The former spouse must have been covered as a family
member in an FEHBP plan at some time during the 18 months preceding
the date of the dissolution of marriage; and,
! The former spouse must provide evidence of future
entitlement to any of the following benefits:
a! A portion of the employee's annuity based on a
qualifying court order under Title 5, United States Code USC!,
Section 8345 j!, which requires that the Office of Personnel
Management OPM! shall pay in part or in whole! another person other
than the employee, if and to the extent expressly provided for in the
terms of any court decree of divorce, annulment, or legal separation,
or the terms of any court order or courtapproved property settlement
agreement incident to such court decrees.
b! Survivor annuity benefits based on a qualifying
court order under Title 5, USC, Section 8341 h!, which states that a
former spouse of a deceased employee, member, or annuitant is entitled
to a survivor annuity if and to the extent expressly provided for in
an election under Section 8339 j!!, or in terms of any decree of
divorce, annulment, court order, or courtapproved property settlement
agreement incident to such decree.
c! A survivor annuity elected by the employee under
Title 5, USO, Section 8339 j!!, which refers to an election to
provide survivor annuity to a former spouse which shall be made at the
time of retirement or, if later, within two ! years after the date
the marriage to the employee or member is dissolved, subject to a
deposit in the fund by the retired employee or member, within a two-
year period, the amount to be determined by the OPM. An election
under this paragraph shall not be effective if it conflicts with any
court order or decree or in case an employee or member has remarried;
then the spouse's written consent is required.
! A special eligibility rule exists for a former spouse
who was married to an employee who retired prior to May 7, 1985. Such
a former spouse must not be remarried before age 55 and must have been
enrolled in a health benefits plan as a family member at any time
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24
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
during the 18 months preceding the dissolution of marriage.
Additionally, it is required that either the employee annuitant
elected before May 9, 1986, to provide a survivor annuity to the
former spouse, or the former spouse satisfies all the following
conditions:
a! the former spouse's marriage to the retiree was
dissolved after September 14, 1978;
b! the former spouse was married to the retiree for
at least 1O years of the retiree's creditable civilian service;
c! the former spouse is not receiving any other
employerproduced retirement or survivor annuity;
d! the spouse has not married before reaching age
55;
!
annuity before May 9,the former spouse applies to OPM for a survivor
1987; and
f! the former spouse is at least 50 years old when
filing the application.
! A special eligibility rule also exists for a former
spouse who was married to an employee who died prior to May 7, 1985.
Such a person is eligible for enrollment if ! the deceased employee
had been eligible for an immediate annuity on or before the date of
death; ! the former spouse has not remarried before the age of 55;
! the former spouse was enrolled as a family member in an FEHBP
health benefits plan at any time during the 18 months preceding the
dissolution of marriage; and ! the former spouse satisfies all the
conditions for a survivor annuity described above.
! A former spouse of an employee who separates from
Federal service before becoming eligible for immediate annuity is
eligible to enroll only if the marriage to the former employee was
dissolved before the employee left Federal service.
|!When a former spouse who has continued coverage
remarries during the 36 months following the divorce or annulment,
he/she is eligible for temporary continuation of coverage. This
coverage expires on the same date it would have expired if the person
had never been eligible for coverage under the spouse equity
provisions.|
**EffDte: 12/16/1993 MCRT#: 171 Div: D3 Cav: SecCls:
15-2.12.3 Procedure for Establishing Eligibility
! OPM will determine the former spouse's entitlement to
a survivor annuity or a portion of the employee's retirement annuity
SENSITIVE
25
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
as a prerequisite to the former spouse's eligibility to enroll in the
FEHBP. The former spouse should send a written request to the Office
of Personnel Management, Compensation Group, Office of Retirement
Programs, Post Office Box l7, Washington, D.C. 20044, for the
determination. The former spouse should include a certified copy of
the court order, the employee's or retiree's name, date of birth,
social security number, the last employing agency and, if applicable,
the date of retirement.
! After reviewing the information provided by the
former spouse, OPM will send the former spouse a written decision
concerning the former spouse's entitlement to a future survivor
annuity. The former spouse must submit a copy of OPM's decision to
Headquarters along with a copy of the divorce decree. Upon receipt,
the employee's file will be reviewed to determine if the former spouse
was covered as a family member in an FEHBP plan at any time during the
l8 months preceding the date of dissolution of marriage, to verify the
former spouse's age, and if under age 55, that he or she has not
remarried. The former spouse is required to certify that the
qualifications for eligibility to enroll have been met and that the
former spouse will notify the employing office within 31 days of an
event that disqualifies eligibility.92
**EffDte: lO/27/1986 MCRT#: O Div: D3 Cav: SecCls:
15-2.12.4 Registration Procedures
If it is determined that the former spouse is eligible,
the former spouse will be advised and furnished the appropriate
information. To enroll, the former spouse should complete the Health
Benefits Registration Form SF2809!, using his or her own name, date
of birth and social security number. The name, date of birth, and
social security number of the employee, former employee or annuitant
should be entered in the "Remarks" section of the SF2809. A
certification must be obtained from the former spouse that the
employing office will be notified within 3l days of an event which
would terminate eligibility.l
**EffDte: lO/27/1986 MCRT#: O Div: D3 Cav: SecCls:
15-2.12.5 Denial of Enrollment
If it is determined that the former spouse is ineligible
for health benefit coverage, the former spouse will be notified in
writing and furnished the reason for the denial. The former spouse
will be advised in writing of the right to request OPM's
reconsideration of the denial within 31 days of the date of the letter
stating that coverage has been denied. The former spouse should send
a request to the Office of Personnel Management, Compensation Group,
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26
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
I Office of Insurance Programs, Program Coordination and Control, Post
I Office Box 436, Washington, D.C. 20044.!
**EffDte: 1O/27/1986 MCRT#: O Div: D3 Cav: SecCls:
I I15-2.12.6 Office Where Former Spouse Must Enro||| See MAOP, Part I, 15
2.1s.s s!.!|
! Former spouses who are receiving payment of survivor
annuity or a portion of an employee annuity from OPM must enroll
through OPM and pay premiums directly to OPM. Former spouses whose
marriages dissolved after the employee retired must also register with
and pay premiums to OPM.
! Former spouses who have future entitlement to a
survivor annuity or portion of an employee annuity but are not yet
I receiving them, must register with and pay premiums to theINational
I Finance Center.!
**EffDte: 12/16/1993 MCRT#: 171 Div: D3 Cav: SecCls:
I |15-2.12.7 Time Limitation for Enrollment
I An eligible former spouse must apply for health benefits
I coverage by the latest of the following dates:
I ! February 27, 1987; or
! within 60 days after the dissolution of the marriage,
or if the marriage is dissolved after retirement, 60 days after the
dissolution or after the retired employee elects to provide a survivor
annuity for the former spouse; or
I ! within 60 days after the employee annuitant elects to
I provide a former spouse annuity or after OPM notice of entitlement to
I a former spouse annuity.!
**EffDte: 10/27/1986 MCRT#: 0 Div: D3 Gav: SecCls:
I I15-2.12.8 Choice of Plan
A former spouse may enroll in either of the two
Governmentwide plans Service Benefit Plan and lndemnity Benefit
Plan!, the employee organization plans or the comprehensive medical
plans which are available for a specific geographical area. The
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27
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former spouse is not restricted to the same plan that the employee
enrolled under prior to the divorce. To enroll in an employee
organization plan, the former spouse must become a member of the
sponsoring organization and pay the annual or onetime only membership
dues. Former spouses who enroll in the SAMBA Health Benefit Plan are
not eligible for the various insurance programs offered by SAMBA.|
**EffDte: 10/27/1986 MCRT#: 0 Div: D3
15-2.12.9 Type of EnrollmentGav: SecCls:
A former spouse who is eligible to enroll in the FEHBP may
elect coverage for self only or for self and family. A family
enrollment covers only the former spouse and any
natural or adopted children of the former spouse
former employee or annuitant, provided the child
by another FEHBP enrollment. To be eligible forunmarried dependent
and the employee,
is not also covered
coverage a child must
be single and under age 22. An unmarried child over age 22 who is
incapable of selfsupport because of a mental or
existing before age 22 is eligible for coverage.|
**EffDte: 10/27/1986 MCRT#: 0 Div: D3
15-2.12.10 Effective Date of Enrollmentphysical disability
Cav: SecCls:
The effective date of the former spouse's enrollment will
be the first day of the pay period beginning more than 30 days after
the employing office receives the SF2809 and satisfactory proof of
eligibility.92
**EffDte: 10/27/1986 MCRT#: 0 Div: D3 Gav: SecCls:
15-2.12.11 Payment of Premiums| See MAOP, Part I, 15-2.13.3!.!|
The former spouse must submit payment both the employee's
Yand Government s share! of the premiumslon a monthly basis to the
National Finance Center.92 If the92National Finance Center|does not
receive payment by the due date, the former spouse will be notified
that coverage will be cancelled if payment is not paid within l5 days
after receipt of the notice which is sent by certified mail, return
receipt requested. The effective date of a termination for failure to
pay premiums within the time frame is
for which payment has been received.
cancelled, the former spouse will not
extension of coverage for conversion,
SENSITIVE
28the last day of the pay period
Once the enrollment is
be entitled to the temporary
cannot convert to an individual
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1
contract, and cannot reenroll.
**EffDte: 12/16/1993 MCRT#: 171 Div: D3 Cav: SecCls:
| |15-2.12.12 Opportunities to Change Enrollment
| The following events will allow the former spouse to
| enroll or change enrollment:
extension of coverage
individual contract.! A former spouse may change enrollment to self only at
any time. If a former spouse changes enrollment to self only, any
family members who lose coverage are not entitled to the temporary
for conversion, and may not convert to an
| ! The former spouse may make an enrollment change
I during open season or
| events, in accordance
I Ia!
I b!
| medical plan,
I C!
I Id!
I B!
I f!upon the occurrence of one of the following
with regulations issued by OPM:
birth or acguisition of a child,
move from an area served by a comprehensive
termination by an employee organization plan,
termination of plan in which enrolled,
eligibility for Medicare,
change from self only to self and family if an
| eligible child loses coverage under another FEHBP enrollment.|
**EffDte: 1O/27/1986 MCRT#: O Div: D3 Cav: SecCls:
| |15-2.12.13 Cancellation of Enrollment by Former Spouse
executing an SF2809.
extension of coverage
cancelled, the formerA former spouse may cancel enrollment at any time by
The coverage will be cancelled the last day of
the pay period following the pay period in which the SF2809 is
received. However, once the enrollment is cancelled, the former
spouse and family members, if any, are not entitled to the temporary
for conversion and cannot convert to an
individual contract for health benefits. Once the enrollment is
spouse may not enroll.|
**EffDte: 1O/27/1986 MCRT#: O Div: D3 Cav: SecCls:
SENSITIVE
29
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| 15-2.12.14 Termination of Enro|lment| See MAOP, Part I, 15-2.13.1!.!|
Upon terminating an enrollment, the former spouse will be
furnished a copy of the SF28lO. The former spouse|has 36 months in
which to convert to nongroup coverage if eligible under temporary
continuation of coverage. At the end of the 36 months, the former
spouse has an additional 3l days to convert his/her coverage.| Once a
former spouse's enrollment has been terminated, the former spouse may
not reenroll. A former spouse's enrollment terminates, subject to the
temporary extension of coverage for conversion, at midnight of the
last day of the pay period in which the earliest of the following
events occurs:
l! Qualifying court order ceases to provide entitlement
to survivor annuity or a portion of retirement annuity under a
retirement system for Government employees.
! Former spouse remarries before age 55.
! Former spouse remarries the employee, separated
employee, or annuitant on whose service the benefits are based.
! Former spouse dies.
! Employee on whose service the benefits are based
dies, and no survivor annuity is payable.
! Separated employee, on whose service the benefits are
based dies before meeting the requirements for a deferred annuity.
! Employee on whose service benefits are based leaves
Federal service before establishing title to a deferred annuity.
8! OPM refunds retirement contributions to the separated
employee on whose service the health benefits are based.
**EffDte: l2/l6/1993 MCRT#: l7l Div: D3 Cav: SecCls:
| |15-2.12.15 Termination of Coverage of Family Members
I The coverage of a family member of a former spouse
| terminates, subject to the temporary extension of coverage for
I conversion, at midnight of the earlier of the following dates:
| l! The day on which the individual ceases to be a member
| of the family family members who lose coverage because the former
| spouse cancels have no temporary extension or conversion rights!;
| ! The day the former spouse ceases to be enrolled.|
**EffDte: lO/27/1986 MCRT#: O Div: D3 Cav: SecCls:
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30
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I I15-2.13 Temporary Continuation of Coverage
On December 27, 1989, the Office of Personnel Management
OPM!, issued implementing regulations to Title IT of Public Law 100-
654, "Federal Employees Health Benefits Program FEHB! Amendments Act
of 1988." These regulations went into effect on January 1, 1990, to
provide for the temporary continuation of health benefits coverage for
certain individuals who lose their coverage. These include former
employees who separate from the Bureau, children of Bureau employees
or annuitants who lose their status as family members, and certain
former spouses of employees or annuitants who lose their status as
family members.
**EffDte: 12/16/1993 MCRT#: 171 Div: D3 Cav: SecCls:
I I15-2.13.1 Eligibility Requirements and Length of Coverage
I ! Three groups of individuals are eligible for
I temporary continuation of coverage based on the following qualifying
I events:
I Ia! Employees who separate from service voluntarily
I or involuntarily! unless the separation is due to gross misconduct and
I would not otherwise be eligible for continued coverage.
I b! Children who were covered under an employee's,
I former employee's or an annuitant's enrollment, but no longer meet the
I requirements for coverage. This includes children who:
I 1. marry before reaching age 22
I 2. reach age 22
I 3. lose status as stepchildren or foster
I children
I 4. not recognized as natural children
I 5. disabled children age 22 or older who marry,
I recover from their disability, or become selfsupporting
c! Former spouse who was enrolled in an FEHB plan
as a family member at some time during the 18 months before the
marriage ended and has since remarried before reaching age 55, or is
otherwise not entitled to a portion of the employee or annuitant's
annuity benefit or a survivor benefit based on the employee or
annuitant's service.
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31
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! Tndividuals who ARE NOT eligible for temporary
continuation of coverage include:
a! Family members who lose coverage when an
employee changes to self only or cancels coverage.
b! Employees who lose coverage after 12 months in a
nonpay status.
c! Civil Service Retirement System CSRS!
annuitants and survivor annuitants who lose coverage because their
annuities are insufficient to cover premiums.
d! Annuitants who annuities terminate. This
applies primarily to disability annuitants whose annuities stop
because of recovery or restoration to earning capacity.
e! Compensationers who lose coverage because their
compensation terminates.
f! Survivor annuitants whose annuities terminate,
unless the terminating event is one that allows temporary continuation
of FEHB coverage.
g! Employees who transfer to a position that is
excluded from FEHB coverage by law.
h! Widow er!s and children who lose coverage
because of the death of an employee or annuitant and who are not
eligible for survivor benefits.
i! Children whose survivor annuities stop because
they are no longer students.
j! Employees who separate from the Bureau due to
gross misconduct cannot participate.
! The length of temporary coverage for individuals is
as follows:
a! Former employees 18 months after the date of
separation from service.
b! Children and former spouses of employees and
annuitants 36 months after the date of the change in status.
c! Children and former spouse of former employees
with temporary continuation of coverage 36 months after the date the
employee separated from the Bureau. See MAOP, Part 1, 152.12.14.!92
**EffDte: 12/16/1993 MCRT#: 171 Div: D3 Cav: SecCls:
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32
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| |1s-2.13.2 Notification of Eligibility
! Eligible individuals have 60 days from the time they
lose coverage to notify Employee Benefits Unit EBU! that continuation
of temporary coverage is desired. If the EBU is not notified of a
child or former spouse's eligibility for temporary continuation of
coverage within the 60-day time limit, the OPPORTUNITY to elect
coverage ENDS 60 days after the qualifying event in the case of a
child and 60 days after the change in status in the case of a former
spouse unless circumstances beyond the enrollee's control occurs which
prevent him/her from advising of the qualifying event within the
appropriate time frame. HOWEVER, A LACK OF KNOWLEDGE OF THE
REGULATIONS DOES NOT CONSTITUTE CAUSE BEYOND HTS/HER CONTROL.
! Separating employees will be notified by the employee
conducting the exit interview of their opportunity to elect temporary
continuation of coverage no later than 30 days after their coverage
ends. Former employees must submit their election of continued
coverage to the EBU within 60 days after the date of separation.
! Tn the case of children who become eligible, the
covered employee has the responsibility of notifying EBU of the change
in the child's status within 60 days after the event that caused the
loss of coverage. EBU will send an enrollment form and pertinent
literature. The child MUST respond within 60 days after the
qualifying event or notification by the Bureau to elect coverage in
order to ensure temporary continuation of coverage.
! If a former spouse becomes eligible for temporary
continuation of coverage, EITHER THE EMPLOYEE OR THE FORMER SPOUSE
must notify EBU within 60 days after the change in status. Within 14
days EBU will contact this individual with a detailed explanation of
the program and enrollment procedures. The former spouse must submit
the election of continued coverage within 60 days after the later of
the date of qualifying event, date coverage under spouse equity
provisions is lost, or within 60 days from date notification from the
Bureau was received.!
**EffDte: 12/l6/1993 MCRT#: l7l Div: D3 Cav: SecCls:
| |15-2.13.3 Enrollment and Payment of Premiums
l! To enroll, the eligible individual should complete an
SF2809, Health Benefits Enrollment Formn An individual electing
continued coverage may enroll in any plan or option for which he or
she is eligible, not necessarily the plan they were in at the time
they became eligible for temporary continuation of coverage. After
their initial enrollment, individuals may change enrollment during the
FEHBP "Open Season" or when there is an event which allows a change in
enrollment.
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! Tndividuals must pay the full cost of the premium
theirs and the Government's share!, plus a 2 percent administrative
charge. Once eligibility has been established and enrollment is
allowed, EBU will send all necessary materials required for processing
to the United States Department of Agriculture, National Finance
Center, New Orleans, Louisiana. The Center will establish and
maintain enrollee's accounts, perform billing and collection
functions, respond to inquiries, and make other appropriate
determinations such as cancellation of enrollments and eligibility to
make other changes in enrollments.
I ! National Finance Center NFC! See MAOP, Part I,
| 15-2.12.1, 15-2.12.6, 15-2 12.11 !
a! The NFC acts as the central processing office
for collection of premiums and the administrative fee. NFC will issue
coupons directly to the enrollee for payment of monthly premiums,
conduct open season each year for eligible enrollees, perform billing
and collection functions, generate termination or cancellations of
enrollees, correspond with enrollees regarding the Direct Premium
Remittance System, and maintain computer system operations regarding
this program.
b! Since the NFC sends information to insurance
carriers on the first and fifteenth of each month and it takes
carriers at least two weeks after receipt to establish enrollees on
their systems, enrollees should prepare for the delay between the time
they sign up for insurance and the time they receive their
identification cards from the carriers. Enrollees should stock up on
needed medication and make doctor appointments during the free 31-day
extension of coverage.
c! Enrollees should be aware coverage is
retroactive to the 32nd day after termination of regular group
coverage. If there are delays in notification and processing of
enrollment forms, enrollees may have to pay a sizeable LUMP SUM
PAYMENT at the time of the first billing for coverage.!
**EffDte: 12/l6/1993 MCRT#: l7l Div: D3 Cav: SecCls:
| |15-2.13.4 Changing Enrollment
l! Enrollees may change their enrollment from self and
family to self only at any time. If an enrollee changes to self only,
family members who lose coverage are entitled to the free 31-day
temporary extension of coverage before conversion to an individual
contract.
| ! Enrollees may change coverage during open season or
| upon the occurrence of one of the following events: change in family
I status; change to self alone; move from area served by comprehensive
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plan, termination of an employee organization plan, termination of the
plan in which enrolled, eligibility for Medicare coverage, or child's
coverage under another enrollment ends.!
**EffDte: 12/16/1993 MCRT#: 171 Div: D3 Gav: SecCls:
15-2.13.5 Termination of Enrollment
! Former employees and family members who lose coverage
other than by cancellation including cancellation by nonpayment of
premiums! or discontinuance of the plan have a 31-day temporary
extension of coverage for the purpose of converting to a nongroup
contract with their health benefits plan. This is true even when they
also have the right to elect temporary continuation of FEHB coverage.
The first 31 days of the period of eligibility for coverage under
Public Law 100-654 run simultaneously with the 31-day temporary
extension of coverage. If they elect continued coverage under Public
Law 100654, their enrollment charges begin on the day after the free
31-day temporary extension of coverage ends. If they elect temporary
continuation of FEHB coverage instead of conversion policy, they have
another 31-day extension of coverage with no cost to them! and
another opportunity to convert to nongroup coverage when the temporary
continuation ends unless it ends due to cancellation or
discontinuance of the plan!.
! An enrollee may cancel his/her enrollment at any
time. However, once canceled, neither the enrollee nor any family
member covered by the enrollment will be entitled to a 31-day
extension of coverage for conversion to a nongroup plan. Tn addition,
once canceled, the former enrollee cannot reenroll.
! Tf an enrollee does NOT make payments to the NFC
within the specified time frame, he/she is considered to have
voluntarily canceled his/her enrollment effective with the last day
for which premiums were paid. Enrollees whose coverage is canceled by
nonpayment of premiums may NOT reenroll or be reinstated unless they
were prevented by circumstances beyond their control from making
payment within the specified time frame.
! An enrollee whose coverage is canceled due to
nonpayment of premiums is NOT entitled to the free 31-day temporary
extension of coverage NOR to conversion to an individual contract.
! Enrollment ends either because the period of
temporary continuation expires or enrollee cancels enrollment
including cancellation by nonpayment of premiums!. Tf the enrollment
ends because of expiration of the period of temporary continuation of
coverage, the enrollee TS entitled to free 31-day temporary extension
before conversion to an individual contract.
! Coverage of family members ends when the covering
enrollment ends or when the person ceases to meet the requirements for
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being considered a family member. A family member who loses the
continued coverage for any reason other than cancellation of the
covering enrollment including cancellation by nonpayment of premiums!
IS entitled to the 3lday extension of free coverage before conversion
to an individual contract.!
**EffDte: 12/16/1993 MCRT#: 171 Div: D3 Cav: SecCls:
15-2.14 Pre-Tax FEHB Premium Payments Premium Conversion!
l! As of the first pay period after October l, 2000,
employees covered by FEHB plans will have their health insurance
premiums withheld from their paychecks before taxes are applied to the
remainder of their salaries. Legally speaking, a Bureau employee
allots a part of his/her salary back to the FBI under this procedure;
the Bureau in turn pays the employee's share of his/her FEHB premium
without that share being subject to federal, state, or social security
taxes of course, the Bureau still pays the government's share of the
premium as well!. This is known as "premium conversion" and is
authorized by part 892 of Title 5, Code of Federal Regulations, and by
section l25 of the lnternal Revenue Code.
! All FEHBcovered employees are eligible to participate
in premium conversion, and it is automatic unless an employee elects
not to participate by submitting a signed document to the Employee
Benefits Unit, Administrative Services Division. An employee may
submit such a document only at his/her initial enrollment in the
program, at the initial premium conversion offering in September
within 60 days after experiencing a qualifying life event QLE!,
the annual FEHB Open Season. As premium conversion is otherwise
automatic, no signed document will need to be submitted in order
elect to participate
chooses to return to premium conversion during an Open Season or
following a QLE after previously waiving participation.
! An employee may decline participation in premiumFEHB
2000,
or at
to
in premium conversion, except when an employee
conversion, or return to participation if he/she previously declined,
in conjunction with a QLE even if the employee does not make a change
in his/her FEHB enrollment due to the OLE. Any election to decline,
or return to, premium conversion is effective prospectively: on the
effective date of an Open Season change for declinations/elections
filed in conjunction with the Open Season, and on the first day of the
first pay period after receipt in the employing office for
elections/declinations made in conjunction with a QLE. A QLE is
defined as:
a! Addition of a dependent
b! Birth or adoption of a child
c! Changes in entitlement to Medicare or Medicaid for
an employee and/or the employee's spouse or dependent
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36
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I d! Change in work site
e! Change in the employee's, spouse's, or dependent's
employment status from fulltime to parttime, or the reverseI
I
I f! Death of the employee's spouse or dependent
I g! Divorce or annulment
I h! Loss of a dependent
I i! Marriage
I j! Significant change in the employee's or spouse's
I health coverage related to the spouse's employment
k! Start or end of an unpaid leave of absence for
either the employee or his/her spouseI
I
I l! Start or end of a spouse's employment
! An employee who is participating in premium conversion
may elect to cancel his/her enrollment or change from selfandfamily
to selfonly coverage either at the annual FEHB Open Season or in
conjunction with, and consistent with, a QLE.
! An employee who is placed in nonpay status may continue
participation in premium conversion if he/she l! elects to prepay
his/her share of the FEHB premium to the Finance Division before
nonpay status begins, or ! elects to pay his/her share of the FEHB
premium to the Finance Division through direct "catchup" payroll
withholding after he/she returns to pay status. An employee who
elects to pay his/her share of the FEHB premium to the Finance
Division through direct periodic payments while in nonpay status will
not have those payments subject to premium conversion; they will be
made on an aftertax basis.
! Premium conversion may not be carried into retirement.
However, an annuitant who is reemployed by the Bureau is eligible to
participate in premium conversion, provided that he/she is reemployed
in a position which would convey eligibility to FEHB coverage, and
his/her health insurance would be transferred from his/her retirement
system to the Bureau. At the time of reemployment, the reemployed
annuitant has the right to request that the insurance not be
transferred keeping him/her out of premium conversion! if he/she so
desires.I
**EffDte: O9/2l/2000 MCRT#: lOl3 Div: D3 Gav: SecCls:
I 15-3 IFBI EMPLOYEE ASSISTANCE PROGRAM EAP!|
**EffDte: O2/14/1992 MCRT#: O Div: D3 Cav: SecCls:
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| 15-3.1 |Definition of Terms
l! Alcoholism/Alcohol Abuse A treatable
disorder/disease characterized by repeated episodes of excessive
drinking which interferes with an employee's health, social
adjustment, and work performance.
! Community Resources Agencies and individual
practitioners available to provide professional services to FBI
employees referred to them by the Employee Assistance Program EAP!
These agencies and individual practitioners include, but are not
limited to: hospitals and other inpatient treatment facilities,
mental health clinics, counseling centers, marriage counselors,
psychologists, social workers, psychiatrists, financial counseling
services, and attorneys.
! Drug Abuse A treatable disorder/health problem
characterized by a pattern of repeated episodes of drug use which
interferes with an employee's health, social adjustment, and work
performance.
! Drug Deterrence Program DDP! A comprehensive
program, within the FBI, which is consistent with the President's
DrugFree Federal Workplace initiative, consisting of: urinalysis
testing for drugs of abuse, referral to the BAP for counseling and
rehabilitation, employee education, and supervisory training about
drug abuse issues.
! EmotionalfBehavioral/Mental Health Problems A wide
range of personal problems any of which may be characterized by
feelings of distress and/or impairment of an employee's health, social
adjustment, work performance, and psychological wellbeing.
! Illegal Drug A controlled substance as defined by
Section BO2 a! of the Controlled Substances Act, Title 21, United
States Code USC!, the possession of which is unlawful. This does not
include the use of a controlled substance pursuant to a valid
prescription or other uses authorized by law.
! Management Official An employee required or
authorized by the FBI to formulate, determine, interpret, or influence
the policies of the FBI.
8! Supervisor An employee required or authorized by
the FBI to direct or assign work to other employees and who, through
observation and the exercise of independent judgment, is able to
evaluate their performance.
9! Employee Assistance Counseling Confidential
counseling by FBI Headguarters EAP staff, Field
duly authorized individuals, which may include,
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38Coordinators, or other
but is not limited to
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| basic shortterm counseling and referral services for employees with
| personal problems that adversely affect their work performance.
l0! SelfReferral The voluntary request for assistance
made directly to an EAP staff member by an employee who is, or has a
family member who is, experiencing a life problem which may have a
negative impact on his or her job performance.
ll! ShortTerm Counseling Approximately one to three
sessions required to assess presenting and/or underlying problems and
concerns to determine a source for referral. This term is defined on
a casebycase basis as some situations may require longer assessment
to identify problems or extended followup following referral and
treatment.
2! Supervisory/Management Referral The referral of an
employee to the EAP by a supervisor as a result of recognized
deteriorating job performance, conduct problems, and or noticeable
distress impacting on employee behavior.|
**EffDte: O2/14/1992 MCRT#: O Div: D3 Cav: SecCls
| 15-3.2 Policy
It is the policy of the FBI to provide confidential,
shortterm counseling and referral assistance to employees who have
personal problems that adversely affect their job performance and
health. Ordinarily, an employee will overcome personal life problems
independently and there may be little or no effect on job performance
If the employee cannot resolve such problems alone, traditional
supervisory practices may serve as the needed motivation or guidance
necessary to return the employee's job performance to an acceptable
level. In some cases, however, neither the efforts of the employee
nor the supervisor are effective at resolving the employee's problems
and unsatisfactory job performance persists. The EAP will be
available to deal with such persistent employee problems within the
following framework:
l! The FBI recognizes that almost any human problem is
treatable if identified early and referral is made to the appropriate
community resource for care. These problems include, but are not
limited to: alcoholism, drug abuse, physical illness, mental or
emotional distress, marital and family problems, and financial and
legal concerns.
! For the purposes of this policy, alcoholism is a
preventable and treatable disease in which the employee's job
performance may be impaired as a direct consequence of the abuse of
alcohol.
! With regard to drug abuse, the FBI recognizes that
this is a treatable health problem and employees with this problem
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will receive the same offer of assistance as that extended to
employees having any other illness or health problem. However, the
Bureau cannot condone employee drug activity which is contrary to law.
When illegal drug use is involved, an individual's participation in
the EAP will not preclude the Bureau from taking appropriate
disciplinary/administrative action against the employee for his or her
use of illegal drugs, except as provided herein for selfreferrals.
Disciplinary action in accordance with Executive Order 12564 can be
initiated and could include the full range of
disciplinary/administrative actions up to and including dismissal.
! When supervisors have reasonable cause to believe
that an employee's problem also involves criminal conduct directed
toward or potentially harmful to the person or property of others,
this information should be reported to the appropriate authority in
accordance with existing policy set out in the MAOP, Part 1 Section
1-4, entitled, "Illegal Activities" and Part 1, Section 13,
"Disciplinary Matters."
! The EAP is not bound to extend assistance to an
individual who persists in conduct that is against the law, openly
discusses illegal activities, or plans or exhibits behavior that would
threaten either his/her own life or the lives of others.
! Employees will not have their job security,
promotional opportunities, or retirement eligibility jeopardized on
account of their request for assistance and participation in the EAP.
! Employees found to be using illegal drugs as a result
of urinalysis drug testing pursuant to the FBI's Drug Deterrence
Program DDP!, or who have otherwise been identified by management
officials to have used illegal drugs, shall be referred to the EAP.
An employee's decision to participate in the EAP when he or she has
been referred under these circumstances will be taken into
consideration by management officials and disciplinary/administrative
action will be decided on a casebycase basis depending on all
mitigating factors and the totality of the circumstances. Such
considerations will include, but are not limited to, the sensitivity
of the employee's position and whether the employee's conduct has
undermined the Bureau's confidence in his/her trustworthiness. The
intent of the EAP policy is rehabilitative and not punitive.
8! Information concerning individuals who participate in
the EAP is confidential and governed by federal regulations which
impose certain criminal penalties for improper disclosure. Records
and EAP counselor's notes pertaining to an individual's participation
in this program are protected and WILL NOT be referred to or made part
of an employee's Official Personnel Folder. The confidentiality of
these records/information, whether recorded or not, will be maintained
in accordance with Title 42, Confidentiality of Alcohol and Drug Abuse
Records CPR!, Part 2, the Privacy Act, Title 5, USC, Section 552a,
1984 and all other relevant laws and regulations. See MAOP, Part 1,
153.3.1 !.!
9! Employees who decide to undergo a prescribed program
of treatment or rehabilitation which will require absence from work
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will be granted sick leave as is the case with any other health
problem. If the individual has an insufficient amount of accrued sick
leave available, advanced sick leave, annual leave, or leave without
pay may be granted for this purpose in accordance with the92LEAVE
POLICY MANUAL.92 Administrative leave should be allowed, within
reasonable constraints, when an employee meets with an EAP
Coordinator/Counselor.
**EffDte: ll/I8/1999 MCRT#: 935 Div: D3 Cav: SecCls:
15-3.3 Administration of Program
l! In order to be an effective and viable program,
supervisors must realize the EAP policy is positivenot punitiveand
that in cases other than "selfreferrals," it will be the supervisor
who is in the best position to recognize an employee's problem through
job deterioration manifesting itself through such things as
absenteeism, changes in guality of performance, and behavioral
changes. The supervisor, however, is cautioned not to diagnose; this
is the function of a trained clinician. |Further, since sensitivity to
employee problems and support of the EAP are integral to good
leadership, FBI managers are expected to facilitate employee
assistance and outreach efforts. To underscore the importance of
these efforts, all management and supervisory personnel will be held
directly accountable for any inaction on their part under
circumstances which reasonably reguire their intervention. See MAOP,
Part I, l3O.l through l3O.4.!92
! The management officials and supervisors are
responsible for:
a! Supporting the EAP by continually observing and
evaluating the work performance of all employees under their
supervision.
b! The identification and documentation of specific
instances of deteriorating work performance and employee behavior that
fails to meet acceptable standards of conduct.
c! Consulting with the EAP Counselor when the
employee's problem s! cannot be resolved by traditional supervisory
practices alone and there may be a need for referral to the EAP for
corrective action. Managers and supervisors must be able to
effectively document and describe the employee's behavior as it
relates to work performance but they are not to attempt to diagnose or
draw conclusions about an individual's personal problem s!. The
preliminary assessment of the nature of the employee's problem s! is
an EAP function, especially when it may involve mental health and/or
substance abuse problems.
d! Determining, after consultation with and the
concurrence of EAP staff, that referring the employee to the EAP is
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appropriate.
e! Conducting an interview with the employee
focusing on the behavior that is directly related to poor job
performance or deteriorating conduct. Whether or not the employee
indicates that his/her difficulty is caused by a personal problem, the
supervisor should inform the employee about the EAP services available
and offer to refer him/her to the EAP. If the problem persists after
the initial consultation with EAP staff, the supervisor should present
a firm choice for the employee by encouraging referral acceptance and
by describing the consequences of continued unsatisfactory work
performance. Participation in the EAP is voluntary and does not
preclude supervisors from taking necessary disciplinary action. An
employee's acceptance, refusal or cooperation with the EAP, if
indicated, should be taken into consideration by a supervisor before
he/she proceeds with administrative/disciplinary action. If the
employee refuses help and performance continues to be unsatisfactory,
the supervisor has complied with his/her program responsibilities and
is then obligated to take the necessary adverse action.
referral to the EAP is
The written documentation is
has been offered EAP f! Ensuring that their
documented in writing as well as92orally.|
the supervisor's record that the employee
assistance. The EAP staff can assist the supervisor in preparing a
memorandum for this purpose, during supervisory consultation sessions.
The memorandum will NOT be placed in the employee's Official Personnel
Folder. The memorandum will be maintained by the supervisor as part
of his/her recordkeeping system, and the Privacy Act prevents its
disclosure beyond the EAP without the employee's written consent. In
the event that administrative/disciplinary action is instituted
against an employee who has had a documented offer of EAP assistance
and who subsequently denies having received it, the memorandum may
become part of the adverse action file to dispute the validity of the
employee's claim.
g! Refraining from discussing with the employee the
possibility that his/her work performance difficulties may be related
to alcohol or drug problems. Again, the supervisor should focus on
the employee's job performance only. However, when the employee is at
work and does not appear to be in full control of his/her faculties,
the supervisor should immediately inquire about the employee's
physical/medical condition while being aware that behavioral symptoms
commonly associated with alcohol intoxication and drug abuse can be
caused by other health problems. Where applicable, the employee
should be immediately referred to the Health Service/Occupational
Health Nurse for assessment and emergency treatment. Locations that
have no medical personnel should refer the employee to a private
physician, community health service or hospital. 92Further, any
employee who experiences problems with substance abuse must be
encouraged to seek professional assistance on an immediate basis. We
must be assertive in reaching out to coworkers in need of EAP services
and take steps to ensure those in need are promptly afforded whatever
counseling, treatment or assistance may be necessary.92
Ultimately, if the employee's behavior was determined to be related to
alcohol or drug intoxication, the supervisor and/or medical personnel
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should discuss the facts of the situation with the employee and refer
him/her to the EAP.
! The Employee Assistance Administrator EAA! will be
assigned on a fulltime basis and has the lead role in providing
technical expertise, as well as direct program administration, which
will include planning, budgeting, organization, implementation,
supervision and training responsibilities for the Bureauwide program.
In addition, the EAA will be responsible for:
a! The technical and administrative supervision of
the field office and Headquarters EAP Coordinators;
b! Establishing field office EAP Coordinators and
providing them with technical supervision and assistance;
c! Overseeing the preparation and submission of
annual EAP statistical accomplishment reports to the OPM;
d! Providing consultation to management officials
and supervisory staff concerning organizational matters and employees
with behavioral problems. Organizational matters are not limited to
administrative/operational issues but also include the identification
of occupational stressors unique to the FBI, their impact on job
related employee problems and resolution strategies;
e! Ensuring coordination of training services
between the EAP and the Behavioral Science Unit;
f! Ensuring that the policies and procedures set
forth in this manual and all supporting federal directives are
followed by all employees under his/her supervision. This includes
the adherence to confidentiality requirements and other standards of
ethical practice;
g! Providing for the design and implementation of
training programs for managers, supervisors and employees concerning
their roles within the program and publicizing the services that are
available;
h! Making recommendations to management officials
and supervisory staff concerning the continuing education requirements
necessary for EAP personnel;
i! Developing and maintaining a nationwide
listing/register of community rehabilitation and treatment resources
available for the referral of employees and/or their family members in
need of such assistance;
j! Representing the FBI through liaison with
national, state and local organizations which are public, private and
professional on matters concerning EAPs;
k! Conducting the necessary evaluation, research
and monitoring to ensure program effectiveness;
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43
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l! Ensuring that counseling, assessment and
referral services are provided to all employees referred by others or
upon selfreferral;
m! Overseeing coordination and followup of
employee rehabilitation through communication with community treatment
resources;
n! Hiring and supervising contractors, personnel,
and other resources in order to accommodate EAP needs;
o! Establishing and maintaining budgetary needs to
accomplish program effectiveness.
! The EAP Coordinator is responsible for:
a! The implementation and operation of the EAP
within his/her local area field/Headguarters!.
b! Providing shortterm counseling and referral
services to all employees referred to the EAP by others or upon self-
referral.
c! Providing consultation with supervisory staff
concerning the identification and management of employees with
problems that may be adversely affecting job performance.
d! Providing educational materials and training to
supervisors in order to familiarize them with their roles and
responsibilities within the program.
e! Publicizing the EAP and ensuring that all
employees are aware of the services available.
f! Coordination with the DDP Coordinator in order
to educate employees about illegal drug abuse in the workplace and the
relationship between the DDP and the EAP. EAP Coordinators are not
to be assigned any responsibilities or duties directly under the DDP
which would involve the actual drug testing of employees.!
g! Referring employees in need of assistance to
community treatment/rehabilitation resources and monitoring the
employee's progress, through appropriate followup, during and after
the rehabilitation period.
h! Adhering to all policies and procedures set
forth in the EAP policy and all supporting federal directives. This
includes strict adherence to federal confidentiality regulations and
other standards of ethical practice.
i! Preparing and submitting to the EAA biannual
statistical accomplishment reports on employee participation in the
program. Information provided in these reports will be for
statistical purposes only and will not contain any data that would
either directly or indirectly reveal the identity of a participating
employee.
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j! Conducting periodic evaluations of program
effectiveness and, when appropriate, providing feedback to management
officials and the EAA.
k! Maintaining a local listing/register of
community rehabilitation and treatment resources utilized for the
referral of employees and/or their family members in need of such
assistance.
l! Periodically visiting community
treatment/rehabilitation resources for assessment and quality
assurance purposes.
m! Maintaining his/her skills and the knowledge
base necessary for the effective delivery of EAP services, by
participation in continuing education programs.
**EffDte: O3/16/1995 MCRT#: 387 Div: D3 Gav: SecCls:
| 15-3.3.1 Employee ResponsibilitylSelf-Referral Procedure
l! Employees who suspect that their work performance has
been negatively affected by an emotional, behavioral, alcohol, or drug
abuse problem are encouraged to contact the EAP. In addition, EAP
services are offered to the members of an employee's family, to the
extent feasible, who may also need assistance with a personal problem.
Employees seeking assistance can contact the EAP Coordinator in their
respective field office/division or the EAA at FBI Headquarters.
Communications between an employee's family members and EAP personnel
are subject to all applicable confidentiality requirements previously
cited in l53.2 8!.
! When an employee in good faith voluntarily seeks EAP
assistance for an illegal drug abuse problem, EAP personnel will not
require the employee to waive his/her right to confidentiality before
assistance will be provided. These employees, however, must remain
drug free as a subsequent finding of illegal drug use will result in
the initiation of disciplinary action as detailed in the DDP.
Furthermore, if the employee's illegal use of drugs comes to the
attention of management subsequent to the employee's receiving EAP
assistance or successfully completing a rehabilitative program, no
disciplinary action will be taken against the employee for illegal
drug use. For example: The employee is treated, rehabilitated, and
returned to work. One year later management is informed of the
employee's previous drug use for which he/she was treated the previous
year. No disciplinary action can be taken against this employee.
**EffDte: ll/l8/1999 MCRT#: 935 Div: D3 Cav: SecCls:
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15-3.3.2 On-Call Schedule
! In the event of an emergency during afterduty hours,
all employees and their family members are authorized to contact the
FBIHQ EAP oncall counselor.
! A monthly schedule of counselors on call will be
forwarded to the Assistant Director of the!Personnel!Division and the
FBIHQ switchboard.
! The switchboard operator will connect the caller
directly to the counselor on call that evening.
! All major emergencies must be fielded through the EAP
Administrator.
**EffDte: O4/21/1994 MCRT#: 226 Div: D3 Cav: SecCls:
15-3.4 Implementation of the Program
l! Personnel in charge of field offices and regional
support centers are responsible for:
a! Designating an individual to serve, on a
fulltime or parttime basis, as an EAP Coordinator. !To avoid
potential conflicts of interest, the EAP Coordinator or counselor! or
anyone administering the EAP should not also be assigned the
responsibilities of Security Countermeasures Program Manager and/or
Security Officer. See MIOG, Part I, 26ll.!!
b! Knowing the Federal confidentiality regulations
cited in this manual section and ensuring that EAP Coordinators adhere
to these requirements and other standards of ethical practice.
c! Ensuring that EAP Coordinators are allowed
sufficient time, as part of their official duties, to effectively
implement the program.
d! Providing the necessary space, equipment and
other resource needs required to ensure individual confidentiality and
the accomplishment of program goals.
e! Ensuring that employees under their supervision
in need of EAP services are referred to the EAP Coordinator for
assistance.
f! Providing for the training of managers,
supervisors, and employees concerning their roles within the program
and publicizing the services that are available.
g! Allowing EAP Coordinators the opportunity to
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participate in continuing education programs in order to maintain
their skills and the knowledge base
delivery of services.necessary for the effective
! This program should not be construed as a relaxation
of FBI standards of conduct. FBI policy continues to require that
employees should never cause themselves to be mentally or physically
unfit for duty.
! While Public Law 91-616 and Merit Systems Protection
Board decisions generally reguire rehabilitation efforts to be made
before disciplinary action for unsatisfactory job performance be
taken, they do not preclude agency action if rehabilitation fails, is
refused, if job performance does not improve, or either actions or
activities are present and constitute employee misconduct.
! No employee's job security will be threatened by
selfreferral for counseling or referral assistance provided by the
EAP staff.
**EffDte: ll/15/1993 MCRT#: 139 Div: D3 Cav: SecCls
| |15-3.4.1 FBl's Critical Incident Response Program
| ! Basic Definitions
critical incident is often called a
the critical incident is extreme in
Stress Disorder."
Research demonstrates that PTSD can
preincident education programs and
Critical Incident Stress Management
experiencing PTSD can have symptoms a! Critical Incident A turning point event. A
crisis event. A critical
incident is any event which has a stressful impact sufficient enough
to overwhelm the usually effective coping skills of either an
individual or a group. Critical incidents are typically sudden,
powerful events which are outside of the range of ordinary human
experiences. Because they are so sudden and unusual, they can have a
strong emotional effect even on welltrained, experienced people. If
nature, it may serve as the
starting point for the psychiatric disorder called "PostTraumatic
b! PostTraumatic Stress Disorder PTSD! A
psychiatric disorder which may result from exposure to traumatic
events and critical incidents. Symptoms include flashbacks related
to the event, sleep difficulties, problems in concentration,
withdrawal, difficulty controlling anger and problems in
relationships. PTSD is common in professionals who are routinely
exposed to traumatic events in the course of their employment and may
be mistaken for depression. PTSD negatively impacts the ability of a
professional to function effectively at their job.
be reduced significantly by
by debriefings provided by
Teams. Individuals who are
reduced or eliminated, often
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quickly, by experienced mental health professionals who have
been trained in techniques to treat PTSD.
c! Debriefing Generic term for the Critical
Incident Stress Debriefing process developed by Dr. Jeffrey T.
Mitchell see d!!.
d! Critical Incident Stress Debriefing CISD! A
group meeting or discussion about a distressing critical incident.
Based upon core principles of crisis intervention, the CISD is
designed to mitigate the impact of a critical incident and to assist
the personnel in recovering as quickly as possible from the stress
associated with the event. The CISD is run by a specially trained
FBI team which includes a mental health professional and peer support
personnel.
e! Critical Incident Stress Management CISM! A
wide range of programs and intervention strategies which have been
designed to prevent stress in emergency personnel and to assist them
in managing and recovering from significant stress should they
encounter it in their work. CISM is much broader than just Critical
Incident Stress Debriefings CISD!. It contains many special
programs and strategies including preincident education, significant
other support programs, individual consults, peer counseling, initial
discussions, crisis intervention training, disaster preparedness, and
disaster assistance programs. The best way to think of CISM is as a
comprehensive approach to stress management. CISD is only one of the
many techniques under the heading of CISM.
f! OnScene Support Services Whenever direct
support services are provided at the scene of a traumatic incident,
while the event is still going on, the services are called "onscene"
support services. There are three basic supports which are provided
at the scene: l! brief interventions with FBI personnel who are
showing significant signs of distress, 2! advice and counsel to the
commanders, and 3! assistance to victims, survivors and family members
who are directly involved with the incident. Onscene services are
provided by trained FBI peer support personnel. It is extremely
important to remember that no group services are ever provided at the
scene since group services at the scene will invariably cause more
distress in the personnel. Onscene support services to FBI
personnel are limited to onetoone contacts, not groups.
g! Spouse and Significant Other Support Services
Support for the emergency services personnel is inadequate unless it
also includes special support services for the spouses and
significant others. Greater emphasis is being placed on the loved
ones of the emergency worker. They also hurt and are indirectly
negatively impacted by the same traumatic events which affect the
emergency services personnel tertiary victims!. Many CISM teams are
adding significant others to the teams in order to better serve the
loved ones of emergency personnel who have been distressed by the
traumatic events. Many special programs already exist to assist the
significant others of emergency personnel. There are educational
programs, debriefings after traumatic events, small ongoing support
groups, grief seminars and family fairs.
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h! FollowUp Services Every time an onscene
support service, a defusing or a debriefing is provided, it is
necessary to follow these actions up with one or more types of
followup services. Followup services include telephone calls,
office visits, chaplain contacts, small group meetings, contacts with
SACs, peer visits, oneonone services, family contacts, referral for
professional contact and any number of other helpful outreach
programs which can be thought of in the aftermath of a tragic event.
! General Principles of Critical Incident Stress
Debriefing CISD!:
a! CISD is not psychotherapy.
b! Following most welldefined and delineated
traumatic events, the ideal time for a debriefing is after the first
24 hours and before 72 hours. There will, of course, be some
variation on the best time for a debriefing depending on the nature
of the event, the level of distress in the personnel, schedule
considerations, the needs of the group, and the demand of the job.
Some debriefings, particularly those for lineofduty deaths, may be
provided before the end of the first day; Certainly, many debriefings
have been given much later than the 72-hour time frame because
circumstances warranted a later debriefing. In the final analysis,
debriefings are ideally utilized when the participants are most
psychologically receptive.
c! CISD is primarily prevention but can be used to
mitigate posttraumatic stress as well.
d! CISD accelerates the rate of normal recovery, in
normal people, who are having normal reactions to abnormal events.
e! CISD is not an operational critique of a crisis
situation or traumatic event.
! The Employee Assistance Unit EAU!, under the
auspices of the FBI, has advanced the initiative to better safeguard
and promote the psychological wellbeing of its employees following a
critical incident through the Critical Incident Response
Program/Critical Incident Stress Management CISM!.
! Critical Incident Response Teams
In June, l995, the FBI instituted four Critical Incident
Response Teams throughout the United States for immediate response to
critical incidents which include, but are not limited to:
a! Death of employee, spouse, or family member
b! Major disaster or manmade catastrophe
earthquake, bombing, etc.!
c! Taking a life in the line of duty
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d! Suicide of an employee, spouse, or family member
!Violent traumatic injury to an employee
f! Witnessing/handling multiple fatalities
g! SWAT operation where dangers are present
h! Hostage taking/barricaded suspect negotiation
i! Observing an act of corruption, bribery, or other
illegal activity by a fellow worker
j! Suspension and/or threat of dismissal
! The purpose of the FBT's CTSM policy is to afford
those individuals who were exposed to critical incidents shooting,
death, or serious injury, suicide, homicide, hostage situation,
Special Weapons And Tactics SWAT! activities, etc.! a confidential
program that will mitigate the adverse effects of the critical
incident through peer counseling, CTSD, defusing, family assistance
and support, and followup services. Like EAP, the CTSM is available
to help all employees and their family members readjust to life
following a traumatic incident.
! CISDs/defusings will be provided to the individual or
group of individuals exposed to or experiencing a critical incident.
This will be decided by the EAU after consultation with the
appropriate division head. Debriefings are most effective when they
are mandatory because individuals who are the most traumatized by an
incident are usually the most resistant to talking about their
reactions.
! The trauma of a critical incident is catastrophic to
the person experiencing the event. A critical incident is not only
one single situation in a person's life, but it can also be a series
of events which add up to cumulative stress. No two individuals have
the same reaction to a critical incident. Onethird have a serious
reaction; onethird have a medium reaction; and onethird have a
minimal reaction. How an individual responds to a critical incident
depends upon the nature and extent of the emotional baggage he or she
is carrying. The failure to resolve personal issues often leads to a
variety of negative patterns. Some individuals overreact to
perceived threats; some underact to clear dangers; and, for some,
neither real nor perceived threats evoke any discernible reaction.
While some employees quit the job prematurely, others develop
discipline problems due to increased absenteeism, burnout, stress
disorders, alcohol abuse problems or a host of other personal
problems that can interfere with functioning at home and on the job.
B! Agents are given training, firearms and bulletproof
vests to equip them to survive critical incidents. The FBI also has
the responsibility to equip its employees so they are able to deal
constructively with and survive the emotional aftermath of critical
incidents. A CTSM program represents a set of interventions that can
help FBI employees cope with emotional effects of a critical
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incident.!
**EffDte: O9/21/1998 MCRT#t 829 Div: D3
15-3.5 Confidentiality of InformationCav: SecCls:
The law requires that information relating to the identity
diagnosis, prognosis, or treatment of an
and maintained in connection with an EAP
may be released to others only under the
! With employee's writtenemployee, which is developed
function, is confidential and
following circumstances:
consent.
a! This includes disclosures about the fact that an
employee has ever contacted EAP personnel, participated in the program
in any way or about any information regarding the employee's problem,
unless the employee consents to such disclosure in writing. EAP
personnel must discuss this issue during their first contact with an
employee to determine the extent and nature of information, if any, to
be disclosed to supervisors and/or management officials.
b! Persons authorized to receive information
provided for in an initial disclosure are prohibited from making any
redisclosure of this information unless further disclosure is
expressly permitted by written consent. This prohibition includes
disclosures by EAP personnel to supervisors, management officials,
and/or community treatment resources.
c! Example of circumstances when disclosure can be
made with employee consent are:
l. For purposes of diagnosis, treatment, and
rehabilitation e.g., referral to community resources!.
2. To an employee's attorney.
3. To an employee's family.
4. To an insurance company, thirdparty payers,
or other funding sources; and
5. To a supervisor or management official.
In all of the above situations, EAP personnel must ensure that
consent was given voluntarily and granting the request for disclosure
will not be harmful to the employee or the EAP's capacity to provide
services.
! Without employee written consent:
a! These conditions are purposely limited and
include medical emergencies and court orders.
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b! If the EAP Coordinator believes:
l. The employee's mental or physical condition
is a threat to the employee's safety or to the safety of others or
would otherwise affect the national security or law enforcement
operations; or
2. The employee's behavior in conjunction with
his/her problem undermines the investigative process, the EAP
Counselor should immediately advise the EAA at FBI Headquarters an
appropriate action will be determined.|
**EffDte: O2/14/1992 MCRT#: O Div: D3 Gav: SecCls:
| 154 |DELETED|
~!<-k-k-J:9:-J:-k-/1<-J:-J:-k-J:-k~k-/<9:-J:9:-J<-k-/<9:-J:-k-k-k-k-k-J:-k-J:-J<-J:-£9: -k9:-J:-k-/1<-J:-9:9:-k-k-/1<-J:-J:-k-/1<-J:-J:-k-J:-k-J:-k-J:-/<9:-J:-k-/<9:**EffDte: O2/14/1992 MCRT#: O Div: D3 Gav: SecCls:
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HEREIE IE UHCLAE5IFIED
DTE §E El 2UD? BY 58324 REL BAH FPE "TP
SECTION 16. SERVICES AVAILABLE TO EMPLOYEES
**EffDte: 02/29/1970 MCRT#:
| 16-1 |DELETED|
**EffDte: 06/21/2001 MCRT#:
| 16-1.1 |De|eted|
**EffDte: 12/06/1999 MCRT#:
| 16-1.2 |Deleted|
**EffDte: 12/06/1999 McRT#:
| 16-1.3 |De|eted|
**EffDte: 12/06/1999 McRT#:
| 1s-1.4 |De|eted|
**EffDte: 12/06/1999 MCRT#:
| 16-1.5 |De|eted|
**EffDte: 06/21/2001 MCRT#:
| 16-1.6 |Deleted|
**EffDte: 06/21/2001 MCRT#:
16-1.7 DeletedO Div: D3FD
1124 Div: D3
938 Div: D3
938 Div: D3
938 Div: D3
938 Div: D3
1124 Div: FDD3
1124 Div: D3
SENSITIVE
1Gav:
Gav:
Gav:
Gav:
Gav:
Gav:
Cav:
Cav:SecC1s
SecC1s
SecCls
SecC1s
SecC1s
SecC1s
SecCls
SecCls
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**EffDte: O4/23/1991 MCRT#: O Div: D3 Cav: SecCls:
| 16-1.2 |De|eted|
**EffDte: O6/21/2001 MCRT#: 1124 Div: D3 Cav: SecCls:
16-2 HOUSING FIELD!
Housing registers in field offices need not be maintained
except in those areas where housing facilities are
register or guide is necessary to assist employees
office in finding suitable housing. The necessity
a register is left to the SAC. If the register is
tickler to review the situation at least once eachso scarce that a
coming to that
of maintaining such
maintained, set a
year. Each SAC
should endeavor to ensure that employees are not living in
disreputable or questionable guarters. If the register
following instructions apply:
! The register should contain a list ofis maintained,
those
apartment developments where furnished and unfurnished apartments are
available. Liaison should be maintained with the management of larger
apartment projects for the purpose of assisting Bureau personnel,
particularly Agents on transfer to field offices, to obtain suitable
living accommodations.
! This register should contain a list of private homes
where suitable furnished rooms may be obtained for both male and
female personnel. Tn those cities where business residences for female
employees are in existence, female employees arriving on transfer or
entering on duty from other areas of the country may have the
opportunity to secure suitable accommodations. It shall be the
responsibility of the SAC to arrange for inspection of places
recommended to personnel for housing, and the names of individuals
operating rooming houses or residences should be checked through
office indices.
! This register should contain a list of hotels in
the field office territory so that accommodations may be secured for
Bureau personnel desiring hotel rooms.
! In larger field offices, it may be helpful to have
available a photocopied list of apartment developments to provide
employees on transfer so that it may be used as a guide in seeking
suitable living guarters.
**EffDte: O4/23/1991 MCRT#: O Div: D3 Cav: SecCls:
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16-3 BU REAU-APPROVED RECREATIONAL ASSOCIATION
**EffDte: O9/25/1987 MCRT#: O Div: D3 Cav: SecCls
16-3.1 General
l! Employees of FBI Headquarters FBIHQ!, field
offices, resident agencies, or Legats may join together and form a
Recreation Association RA!. Each office's association may be
operated separate and distinct from any other association.
! The purpose of the association shall be to promote
and encourage athletic, social, and welfare activity among all
members thereof so that there may exist among the FBI employees who
are association members a realization of their common interests and
goals as well as a feeling of good fellowship and a spirit of
camaraderie. So that these objectives may be achieved, the RA of
each office shall sponsor and/or encourage athletic, recreational,
and welfare activities.
! This association shall not knowingly operate in
violation of the regulations and/or policies of the FBI. Employees
are not to participate in recreationaltype activities, i.e.,
athletic, social, etc., during their official working hours. The
association shall look to the FBI for guidance to ensure that the
activities of the association do not violate the regulations and/or
policies of the FBI. This shall be accomplished by reference to
established written codifications and sources of FBI regulations and
policies such as the FBI's manuals of regulations and memoranda, and
through seeking the advice of FBIHQ whenever such written
codifications are not available or applicable.
**EffDte: O9/25/1987 MCRT#: O Div: D3 Cav: SecCls
16-3.2 FBIRA Membership
l! All FBI employees working at Headquarters, a field
office, resident agency, or Legat, shall be eligible to join an RA
operating in that office. Depending on the nature of the
association's activities, the association may restrict membership to
those paying membership dues, which are to be established by the
individual association, board, or executive committee. Membership
in a field office association does not necessarily afford members the
rights or benefits available to other field office association
members; each local association may restrict its benefits to current
FBI employees who are assigned to the particular field office and
are members of that office's association. However, nothing is to
preclude any RA from using its organization to notify other
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employees in other offices of recreational activities, or other
information of interest to such employees.
! Each local association should determine when the
membership drive should begin and should have procedures in place for
the election of association officers and/or Board of Directors.
**EffDte: 09/25/1987 MCRT#: 0 Div: D3 Cav:
16-3.3 FBIRA Funds
bake
must
line
will
office's inspection process.
! Each local
its operation must properly
entity if appropriate! andreport such income to the
after receiving that status from IRS will not need to
recreational and social activities for FBIRA members.
may be used to purchase flowers or gifts in the event
hospitalization, or death of member/employees. Gifts
flowers may include items like books or fruit, or, in
cards or contributions to favorite charities. Gifts
are not to be provided in
with RA activities.!
**EffDte: O8/24/1987 MCRT#: O Div: D3 Cav:
|16-3.4 Forma||0rganizati0n|
SENSITIVE
4SecCls:
| l! If any local association collects money from dues,
sales, sales of FBI memorabilia, or the like, the association
maintain records and books for such income and expenditures in
with appropriate accounting practices. These records and books
be reviewed by the Inspection Division audit staff during each
association earning profits or income from
state income tax
to the Federal Internal Revenue Service
IRS!. It should be noted that field office associations, if they
restrict the source of their income and limit their membership to only
local FBI employees, may qualify as a tax exempt organization, and
file taxes with
IRS thereafter. They should also seek tax exempt status from the
state and local taxing authorities and operate accordingly.
! FBIRA funds are to be used to promote office
The FBIRA fund
of illness,
in lieu of
case of death,
from FBIRA funds
connection with resignations, retirements,
promotions, transfers, departures on military leave or maternity
reasons, weddings, birthdays, baby showers, and the like. However,
FBIRA funds can be expended to buy plagues or gifts recognizing
employees who have volunteered their time and effort in connection
SecCls:
l! !A field office association should adopt a
constitution and bylaws. The constitution, at a minimum, should set
forth the association's purpose, eligibility for membership in the
association, the governing body and how they are elected/appointed,
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the existence of bylaws, provisions
bylaws.
! The bylaws should
a! eligibility for membership
association;
b! officers of
elected/appointed, and their responsibilities; the
executive committee, if any, and its functions and
c! sources of the RA's income
approval of each expenditure;
d! provisions for maintenance
records and timely filing of tax returns;for amending the constitution and
explain in detail the following:
in the field office
the association, how they are
existence of an
responsibilities;
and provisions for
of financial
e! provisions for the auditing of each office's
financial records; and
f! language reflecting that the activities of the
association must conform with Bureau regulations and policies.92
**EffDte: O8/24/1987 MCRT#: O Div: D3 Cav: SecCls:
16-3.5 Merchandising
l! The use of the FBI name, initials, and seal are
governed by federal laws and regulations. Title I8, United States
Code USO!, Section 709, prohibits, without the written
the Director, the use of the name or initials "FBI," or
imitation of such words or initials in any manner which
conveys the impression that the FBI approves, endorses,
a particular product or business.
! In conjunction with this, Title 41,permission of
any colorable
reasonably
or authorizes
Code of Federal
Regulations, Section l28l.5007 b!, provides that "reguests for
permission to reproduce the seal s! of the FBI... shall be referred to
the head of the Departmental organization for decision." It has been
the position of the Bureau to deny all reguests for commercial
reproduction of the FBI's name and initials where a particular product
was to be marketed to the public at large.
! The Washington Metropolitan FBIRA has authorization
from the Director to market various items bearing the FBI's seal,
badge, name, and initials through the Washington Metropolitan FBIRA
Store. The use of a single authorization source ensures the integrity
of items purchased by Bureau employees. Therefore, all field office
FBIRAs must obtain from the Washington Metropolitan FBIRA a copy of
the necessary procedures for purchase of items either from the
Washington Metropolitan FBIRA Employee Store, Room
SENSITIVE
5B704, 935
SENSITIVE
ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1
Pennsylvania Avenue, NW, Washington, DC 20535-0001, or directly from
the Washington Metropolitan FBIRAapproved vendors. Only the
Washington Metropolitan FBIRA may approve vendors. Authority to
approve the use of the FBI's seal, badge, name, and initials on
merchandise sold at the FBI Academy PX, Quantico, Virginia, has been
delegated to the Assistant Director, Training Division. |Reguests to
use FBI indicia and violations of related federal laws should be
coordinated with the Administrative Law Unit, Office of the General
Counsel.|
! All offices should be alert to the unlawful use of
the FBI seal or initials on products without authorization. Any
violations should be referred to the Criminal Investigative Division
to determine whether there is a violation of Title 18, USO, Section
709.
**EffDte: 07/l5/2002 MCRT#: l2l2 Div: D9 Cav: SecCls
16-4 LITERATURE
**EffDte: 08/24/1987 MCRT#: 0 Div: D3 Cav: SecCls
| 16-4.1 |De|eted|
**EffDte: l2/06/1999 MCRT#: 938 Div: D3 Cav: SecCls
16-4.2 Recreational Literature
I The Personnel|Assistance92Section receives and
distributes literature and announcements on various nonBureau social
functions being held in the Washington area to the various divisions.
It is the responsibility of the various division heads to ensure that
material is properly posted and that the bulletin boards are
maintained in a current condition.
**EffDte: 12/06/1999 MCRT#: 938 Div: D3 Gav: SecCls
16-4.3 Distribution of Literature
All floaters and announcements of FBIRA activities are
distributed to FBIHQ division heads and field offices for information
of employees by the FBIRA activity promoter.
**EffDte: 04/23/l99l MCRT#: 0 Div: D3 Cav: SecCls
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| 16-5 FBI HEALTH CARE PROGRAMS UNIT: J. EDGAR HOOVER JEH! F.B.I
BUILDING AND FIELD OFFICES | See MAOP, Part 1, Section 24.!|
**EffDte: 02/26/2003 MCRT#:
| 16-5.1 |Deleted|
**EffDte: 02/26/2003 MCRT#:
| 16-5.1.1 |Moved to 24-1|
**EffDte: 02/26/2003 MCRT#:
| 16-5.1.2 |Moved to 24-1.1|
**EffDte: 02/26/2003 MCRT#:
| 16-5.1.3 |Deleted|
**EffDte: 02/26/2003 MCRT#:
| 16-5.2 |Moved to 24-1 .2|
**EffDte: 02/26/2003 McRT#;1259
1259
1259
1259
1259
1259Div: D3
Div: D3
Div: D3
Div: D3
Div: D3
Div: D3
16-6 VOLUNTEER BLOOD DONORS
**EffDte: 04/23/1991 McRT#: 0 Div: D3
16-6.1 American Red CrossCav:
Cav:
Gav:
Cav:
Cav:
Cav:
Gav:SecC1s:
SecC1s:
SecC1s:
SecC1s:
SecCls:
SecCls:
SecCls:
Through arrangements with the American Red Cross Blood
| Center, the Personnel|Assistance92Section of theIAdministrative
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7
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1
Services|Division schedules and
Building for employees desiring
Cross.operates bloodmobiles in the JEH
to donate blood at the American Red
**EffDte: 12/O6/1999 MCRT#: 938 Div: D3 Gav: SecCls:
16-6.1.1 Benefits
Since the Bureau is an active participating member of the
Red Cross blood donor program, blood is furnished free of charge when
needed to Bureau employees and relatives defined as spouse, parent,
minor child of a donor or a participant, or any other relative living
in the same household and economically dependent upon the employee.
Employees may secure blood replacements when needed, by contacting
their supervisors or the central blood donor representative. The
person hospitalized must advise the hospital that the Red Cross
should be notified if blood is needed.
**EffDte: O4/23/1991 MCRT#: O Div: D3 Cav: SecCls:
16-6.1.2 Requirements
An employee may donate every eight weeks, but only five
times in any 12-month period. A donor is accepted from ages 18
through 65; however, from 18 to 21 years, a parent's permission is
required unless the donor is married or living away from parental
household and selfsupporting. A permit must be presented at the
center for each time a minor donates. This permit, as well as
additional information as to the medical history requirements, may be
obtained from the blood donor representative in either the
|Personnel|Division or the92Criminal Justice Information
Services|Division.
**EffDte: O4/21/1994 MCRT#: 226 Div: D3 Gav: SecCls:
16-6.1.3 Field Offices
Field offices should ensure that employees are made aware
of and encouraged to participate in the blood donor program. In the
offices in which no blood donor program is available, periodic contact
should be made with the American Red Cross or similar facility to
determine if a program is being established. FBIHQ should be advised
of any change.
**EffDte: 11/28/1983 MCRT#: O Div: D3 Cav: SecCls:
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8
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| 16-6.2 |Deleted|
**EffDte: 11/28/1983 MCRT#: 0 Div: D3 Gav: SecCls
16-6.3 Leave
No leave is to be charged for the time necessary for!the!
purpose of donating blood. |At FBIHQ, each employee who
successfully completes a blood donation is authorized to receive
two hours of administrative leave for recuperative purposes
immediately following his/her blood donation. A slip certifying
the donation is to be provided as each donor leaves the donation
area. The administrative leave is intended to be used
immediately following a donation; however, employees and their
supervisors may arrange a more mutually convenient time that day
to use the leave if Bureau needs prevent the leave from being
immediately used. Since the leave is being granted for
recuperative purposes, it is not to be used beyond the day it is
granted. Other FBI offices which host or regularly participate
in blood donor programs may establish a similar grant of
recuperative administrative leave along these guidelines.!
**EffDte: 06/21/2001 MCRT#: 1123 Div: D3 Cav: SecCls
16-T FEDERAL EMPLOYEES' GROUP LIFE INSURANCE FEGLI!
**EffDte: ll/28/1983 MCRT#: 0 Div: D3 Cav: SecCls
16-7.1 General Information
! Group life insurance first became available to
federal employees by law effective August 29, 1954. Effective
February 14, 1968, all eligible employees including those who
previously waived coverage! were permitted to acquire Regular
Insurance coverage of a! a minimum of $10,000, if they earned less
than $8,000 per year, or b! their annual salary rounded to the next
highest $1,000! plus $2,000, if they earned $8,000 or more per year.
Employees covered by Regular Insurance could also elect Optional
Insurance of an additional $10,000. Effective April 1, 1981, all
previous enrollments and waivers of FEGLI were cancelled, and all
eligible employees were permitted to acguire Basic formerly Regular
Insurance!, Option A Standard formerly Optional Insurance!, Option
B Additional, and Option C Family. Open enrollment periods,
during which eligible employees could enroll or change their FEGLI
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9
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
coverage without restriction, were held in 9B5, 1993, and 1999;!
those actions took effect August 1, 19B5,!May 30, 1993, and
April 23, 2000,!respectively. A limited open enrollment period took
place in 1995 which allowed employees who had previously waived FEGLI
coverage to enroll only for FEGLI Basic coverage; those enrollments
became effective the first day of the first pay period after they were
processed by FBTHQ. ! See 167.4 !.!|
! FEGLI Basic coverage is equal to an employee's annual
basic pay rounded to the next highest $1,000! plus $2,000. Locality
pay authorized by the Federal Employees Pay Comparability Act of 1990
is included in basic pay, as is Availability Pay for Special Agents.
Basic coverage has an Accidental Death and Dismemberment feature which
is equal to the basic insurance amount at the time of an employee's
accidental death, or varying percentages in the event of loss of
Ivision or limbs.! This feature is discontinued at retirement. An
extra benefit is given to employees under age 45 at no cost.
Beneficiaries of employees who die under age 36 receive double the
amount of Basic coverage. The extra benefit payable to beneficiaries
of employees who die between!ages|36 and 44 is reduced by 10 percent
for each year over age 35 at the time of death; no extra benefit is
payable if an employee dies after reaching age 45. The extra benefit
is not subject to Accidental Death and Dismemberment coverage.
Employees who have Basic coverage may also be covered by Options A, B,
and C. Option A Standard provides $10,000 of coverage. Like Basic,
Option A Standard has Accidental Death and Dismemberment coverage
which is discontinued at retirement. Under Option B Additional,
employees may elect an amount equal to one, two, three, four, or five
times their annual basic pay rounded to the next highest $1,000!.
Accidental Death and Dismemberment coverage is not included in Option
B Additional. Option C Family insures the employee's spouse for
|a minimum of!$5,000 and each of the employee's eligible children under
age 22 for|a minimum of|$2,500. !An employee electing Option C
Family may elect amounts of coverage equal to one, two, three, four,
or five times the minimum amounts stated above.! Children incapable of
selfsupport are eligible for coverage after age 22. Accidental Death
and Dismemberment coverage is not included in Option C Family.
**EffDte: 04/20/1999 MCRT#: 889 Div: D3 Cav: SecCls:
16-7.2 Cost of FEGLI Coverage
! The cost per biweekly pay period of FEGLI Basic
insurance to employees is|$0.155!per $1,000 of coverage. This
represents twothirds of the Basic premium; the government pays
other third.the
! The cost per biweekly pay period of Option A
Standard insurance to employees is the full cost of the premium and
varies by age as follows: See MAOP, Part 1, 167.7!.!
WITHHOLDING FOR
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AGE GROUP
Under age 35
|Ages 35 39
Ages 40 44
Ages 45 49
Ages 50 54
Ages 55 59
Ages 60 64
Ages 65 69
Age 70 and over$10,000 INSURANCE
|$0.30|
0.40
0.60
0.90
1.40
2.10
6.00
6.00
6.00|
! The cost per biweekly pay period of Option B
Additional insurance to employees is the full cost of the premium and
varies by age as follows: See MAOP, Part 1, 167.7 !|and
20-26.4.!!
Age Group
Under age 35
|Ages 35 39
Ages 40 44
Ages 45 49
Ages 50 54
Ages 55 59
Ages 60 64
Ages 65 69
Age 70 and overWithholding per
$1,000 Insurance
|$0.03|
0.04
0.06
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
upon entryonduty and will remain so unless they complete a Standard
Form SF! 2817 to decline such coverage. Within 31 days after entry-
onduty, employees should complete a SF2817 to indicate whether they
desire to keep FEGLI Basic coverage, and if so, whether they want to
elect any or all of the options. A copy of the completed SF2817 is
filed in the employee's Official Personnel Folder at EBIHQ. Once
completed, this form must be promptly forwarded with the other entry-
onduty forms to the!Administrative Services|Division for processing.
Employees may also elect Basic and/or any optional coverages during
any FEGLI Open Season designated by the United States Office of
Personnel Management OPM!. However, employees eligible to
participate in the 1995 Open Season were limited to enrolling only in
FEGLI Basic coverage. !During the 1999 Open Season, employees made
their EEGL1 elections on a special EEGLI 1999 Open Enrollment
Election Form Form RI 76-27! rather than the SE2817.!
**EffDte: O4/2O/1999 MCRT#: 889 Div: D3 Cav: SecCls:
16-7.4 Effective Dates of Coverages
! FEGLI Basic coverage is effective on an employee's
first day in pay and duty status. Coverage under Options A, B, and C
is effective on his or her first day in pay and duty status occurring
on or after the date the completed SF2817 is received at EBIHQ.
! FEGL1 Open Season changes are effective on the first
day of the first pay period following the date prescribed by OPM and
following a pay period in which the employee was in both pay and duty
status for at least half of his or her tour of duty. However, no date
was prescribed for enrollments in the 1995 Open Season; those
enrollments took effect under the provisions of Section 167.4!
above. ! See 167.1 ! above re effective date of 1999 Open Season.!|
! A waiver of coverage by a new employee is effective
the day his or her SE2817 is received at FBIHQ, if it is received
during the employee's first pay period. If an SF2817 waiving any
FEGLI coverage is received after an employee's first pay period, the
waiver is effective on the last day of the pay period in which it is
received at EBIHQ. See MAOP, Part 1, 167.9.1.!
**EffDte: O4/2O/1999 MCRT#: 889 Div: D3 Cav: SecCls:
16-7.5 Conditions for Changing Elections
! Employees who waive coverage and later decide to
request Basic and/or any of the options may do so during a FEGL1 Open
Season regardless ofiage or|medical condition; however, they must
enroll in or maintain Basic coverage in order to elect any option. At
times other than an Open Season, an employee who desires to cancel a
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1
previous waiver of Basic, Option A, and/or Option B, or to add as many
multiples of Option B as desired without changing family status, can
do so only if a! at least one year has passed since his or her last
change in EEGLT coverage, and b! the employee provides satisfactory
evidence of insurability. To meet the latter requirement, the
employee should have a physician complete an SE2822 Request for
Insurance!; the cost of any examination given to complete this form is
the responsibility of the employee.
The employee should notify the Administrative Services Division in
writing of his or her desire to cancel a previous EEGLT waiver so that
an SF2822 may be provided to him or her.
number of! Employees may waive any EEGLl|coverage, or reduce the
multiples previously elected under Option B and/or Option
C, by completing an SF2Bl7 to show what coverages, if any, they
choose to keep in force.
! Upon marriage, or the birth, adoption, or other
acquisition of an eligible child, employees who have Basic coverage
may enroll under Option B Additional. The number of salary
multiples
number ofof Option B coverage an employee may elect is limited to the
eligible family members the employee acquires with the
qualifying event. For example, an employee who marries someone with
no children may elect one multiple of Option B, while an employee who
marries someone with three children who become the employee's
stepchildren may elect four multiples. A married employee who
previously had no Option B coverage and who acquires a child may
elect one multiple, not two. If an employee already has Option B
coverage and either marries or acquires new children, he or she may
elect as many additional multiples of Option B up to the maximum of
five! as the number of family members he or she acquired with the
qualifying event. lf an employee loses his or her spouse by death or
divorce, he or she may elect as many additional multiples of Option B
up to the maximum of five! as he or she has dependent children. For
example, an employee who divorces and who has three children may elect
up to three additional multiples for this event.| No SE2B22 is
required to make these changes in Option B coverage; however, the
employee must file a new SF28l7 to make the changes within 60 days
after the
enrolllordate of the qualifying event.
! Employees who have Basic coverage are eligible to
increase multiples of coveragelunder Option C Family after
marrying or acquiring an eligible child. The number of multiples of
Option C coverage an employee may elect is limited to the number of
eligible family members the employee acquires with the qualifying
event up
spouse bymultiples
dependent
in Option
lmake the
event.to the maximum of five!. lf an employee loses his or her
death or divorce, he or she may elect as many additional
of Option C up to the maximum of five! as he or she has
children. No SE2822 is required tolmake these changes
C coverage;|however, an employee must file a new SE28l7 to
changeslwithin 60 days after the date of the qualifying
! Employees who return to federal service after a break
in service of l8O days or more are treated as new employees for EEGLT
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
purposes. This means that all previous waivers of FEGLI coverage are
cancelled, and the returning employee is automatically under FEGLI
Basic coverage from the date he or she returns to service. This
coverage will remain in effect unless the employee waives it. As in
167.3 above, the employee should file an SF2817 within 31 days after
returning to service, indicating whether he or she wants to continue
Basic coverage and, if so, whether he or she wants to enroll in any of
the options. No SF2822 will be required to enroll in any FEGLI
coverage the employee desires under these circumstances.
**EffDte: O4/20/1999 MCRT#: 889 Div: D3 Cav: SecCls:
| 16-7.6 Designation of Beneficiaries See MAOP, Part 1, 16-7.12|and 16-7.13.!|
It is not necessary to name a beneficiary if an employee
have FEGL1 death benefits paid in accordance with the
order of precedence:wishes to
following
! the employee's widow or widower,
! the employee's children, in equal shares, with the
share of any deceased child distributed among that child's
descendants,
! the employee's surviving parent s!, in equal shares
if both parents are living,
! the duly appointed executor or administrator of the
employee's estate, or
the
or her! the employee's next of kin, as determined by
laws of the employee's state of domicile at the time of his
death.
|However, if there is a court order in effect naming a specific person
or persons to receive life insurance benefits upon the employee's
death, the benefits under the employee's FEGLI Basic, Option A, and
Option B coverage will be paid to the person s! named in the court
order, instead of those who would otherwise be entitled under the
order of precedence.!
Employees who wish to name a beneficiary other than|those provided
in the order of precedence,|or who wish to change the order of
precedence with regard to a beneficiary named above, may file an
SF2823 Designation of Beneficiary!. Beneficiaries can be
designated ONLY by filing an SF2823, and that form must be received
by!the Employee Benefits Unit, Administrative Services Division,!
prior to the death of the employee. A person who signs an SF2823 as
a witness may not be designated as beneficiary of that FEGLI payment.
A trust may be named as a beneficiary; such a designation must
indicate that the FEGLI benefit is payable to the trustee or successor
trustee, give the name of the trust if any!, and show the name s! of
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
the person s! who signed the trust document and the signature|date,
and acknowledge that no further claim may be filed with FEGLI for the
insurance benefit if the trustee is paid and then fails to distribute
the benefit in accordance with the terms of the trust.! Any
designation of beneficiary on an SF2823 remains in effect until
revoked by the employee through another SE2823. An employee who
simply wishes to revoke a previous designationland thereby
reinstitute the order of precedenceiis not reguired to name a new
beneficiary if he or she is satisfied with the above order of
precedence; the revoking SF2823 need only state, "Cancel previous
designations."
**EffDte: 04/20/1999 MCRT#: 889 Div: D3 Cav: SecCls:
16-7.7 Continuation of FEGLI Coverage After Retirement See MAOP, Part
7.10.!
! Employees may continue their FEGLI Basic coverage
without the Accidental Death and Dismemberment supplement! into
retirement if they a! retire on an immediate annuity, b! have had
Basic coverage for the five years of service immediately before
retiring or all service since their FIRST chance to enroll, if less
than five years!, and c! do not convert the Basic insurance into an
individual policy see Section l67.9.2!. A retiring employee who
wants continued Basic coverage after retirement must file|Standard
Form 2818 Continuation of Life Insurance Coverage as a Retiree or
Compensationer!,Ielecting whether to have the Basic insurance amount
reduced by 75 percent, 50 percent, or Zero after he or she reaches age
65. The amount of Basic insurance carried into retirement is the
amount in force on the date of separation, and that amount remains
fixed until the month after the employee reaches age 65. If the 75
percent reduction has been chosen, the Basic insurance begins reducing
at that point by 2 percent each month until the chosen level has been
reached; the reduction is 1 percent each month if the 50 percent
reduction has been chosen. Employees who elect the 75 percent
reduction will pay a premium of!$0.3358!per $1,000 of coverage until
they reach age 65; after then, the Basic coverage is free. Employees
who elect the 50 percent reduction will pay a premium of|$0.8558!per
$1,000 of coverage until they reach age 65; after then, the premium is
$0.52 per $1,000 of coverage. Employees who elect no reduction will
pay a premium of|$2.0258!per $1,000 of coverage until they reach age
65; after then, the premium is $1.69 per $1,000 of coverage.
Employees who desire to continue coverage under Options A, B, or C
after retirement must also continue their Basic coverage.
! Employees may continue their coverage under Option
A Standard into retirement if they have had such coverage for the
five years of service immediately before retiring or all service
since their FIRST chance to enroll, if less than five years! and if
they do not convert the Option A coverage to an individual policy.
Employees who retire before age 65 and continue Option A into
retirement will pay the normal Option A premium for their age see
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1
Section 167.2!! until they reach age 65; after then, the Option A
COVGIHQQ is free. At age 65, the amount of Option A coverage
$10,000! begins to reduce by 2 percent per month until it reaches
$2,500 a 75 percent reduction!, where it remains for the rest of a
covered employee's life unless cancelled.
! Employees may continue their coverage under Option B
Additional into retirement if they have had such coverage for the five
years of service immediately before retiring or all service since
their FIRST chance to enroll, if less than five years! and if they do
not convert the Option B coverage to an individual policy; At the
time of retirement, employees covered by Option B must note on an
SF2818 or its accompanying attachment whether they wish to continue
the amount of their Option B unreduced after age 65, or to allow it to
begin reducing at age 65 by 2 percent per month for 50 months until
Option B
continuecoverage ends.| Employees who retire before age 65 and
Option B into retirement will pay the normal Option B premium
per $1,000 of coverage! for their age see Section 167.2!! until
they reach age 65. After then, employees who elected to
Option B
for their age; employees who elected to allow Option B to
pay no further premium after reaching age 65.! A retiring
carry into retirement only the lowest number of multiples
COVGISQGcontinue
B premium
reduce will
employee may
of Option B
he or she had during the five years of service immediatelyunreduced will continue to pay the normal Option
before retiring. |However, he or she may elect to reduce the number of
multiples at any time before or after retirement by completing an
SF2817.
! Employees may continue their enrollments in Option
C Family into retirement if they have been enrolled in Option C for
the five years of service immediately before retiring or all service
since their FIRST chance to enroll, if less than five years!. A
retiring employee may carry into retirement only the lowest number of
multiples of Option C coverage he or she had during the five years of
service immediately before retiring; however, those employees enrolled
in Option C prior to April 24, 1999, who elect additional multiples of
Option C during 1999, are still in service on April 23, 2000, and who
retire before April 23, 2005, will be able to carry into retirement
the number of multiples elected during 1999. As with Option B above,
he or she may elect to reduce the number of multiples at any time
before or after retirement by completing an SF2817. At the time of
retirement, employees covered by Option C must note on an SF28l8 or
its accompanying attachment whether they wish to continue the amount
of their
reducing
coverage
Option C
multipleOption C unreduced after age 65, or to allow it to begin
at age 65 by 2 percent per month for 50 months until Option C
ends.! Employees who retire before age 65 and continue
into retirement will pay the normal Option C premium| per
of coverage!| for their age see Section 167.2!! until
they reach age 65. After then, employees who elected to continue
Option C unreduced will continue to pay the normal Option C premium
for their age; employees who elected to allow Option C to reduce will
pay no further premium after reaching age 65|.
**EffDte: 04/20/1999 MCRT#: B89 Div: D3 Cav: SecCls:
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16-7.8 Effect of Leave Without Pay LWOP! on FEGLI Coverage See MAOP, Part
1,16-7.9.1.!
An employee on LWOP continues his or her FEGLI coverage
| for up to 36592consecutive|days in LWOP status. No premium is due for
this coverage during LWOP. The insurance terminates after 365
consecutive days on LWOP; if the employee returns to the federal
service afterward in a FEGLTcovered position, the insurance he or she
had at the time of termination is restored upon reentry on duty. An
employee on LWOP due to a workrelated injury or disease may continue
FEGLI coverage as a compensationer see Section l67.lO! and would not
be subject to the 365day coverage limit.
**EffDte: O4/20/1999 MCRT#: 889 Div: D3 Cav: SecCls:
| 16-7.9 Termination|and Conversion|of FEGLI Coverage
**EffDte: O5/O8/2002 MCRT#: 1196 Div: D3 Cav: SecCls:
|16-7.9.1 |Termination|
IFEGLT coverages|terminate when an employee files a waiver
| see Section 167.4!!,|is separated from the92Federal service,!has
been|on LWOP more than 365 days see Section l67.8!,92or transfers to
a job where|he or she|is excluded from|FEGLI|coverage by law or
regulation. 92The employee's FEGLI Basic and optional coverages
without the Accidental Death and Dismemberment feature! are extended
without cost for 31 days after the day the coverages terminate.|
**EffDte: 1O/14/1993 MCRT#: 118 Div: D3 Cav: SecCls:
16-7.9.2 Conversion
! Upon resignation or retirement, employees may convert
their FEGLI coverages to individual life insurance policies for other
than term insurance!. The Payroll Unit, Finance Division, will issue
a separating employee covered by FEGLI an SF28l9 Notice of
Conversion Privilege!. To convert, a former employee should request
an SF2821 Agency Certification of Insurance Status! from the
Employee Benefits Unit, Administrative Services Division, FBIHQ. The
former employee should send this form, together with the SF28l9 and
other documentation outlined on the form, to the Office of Federal
| Employees Group Life Insurance OFEGLT!,|Post Office Box 2627,
| Jersey City, New Jersey 07302-2627.! OFEGLT will then inform the
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17
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
former employee how much insurance he or she may convert and with
which participating insurance companies he or she may purchase
coverage. The former employee may then contact a participating
insurance company as directed by OFEGLl's notice. A retiring employe
has the same conversion privilege as a separating employee if he or
she retires on an immediate annuity and does not choose to carry some
or all of his or her FEGLI coverage into retirement see MAOP, Part l
16-7.? !.!
! Effective January l, l987, employees who entered the
military on active duty; including active duty for training purposes,
could continue their FEGLI coverage for up to 365 days in the same
manner as coverage is continued for employees in other types of nonpa
status. At the end of 365 days of military service, an SF28l9,
Notice of Conversion Privilege! will be furnished to employees still
in the military in order for them to convert their coverage.
**EffDte: O5/O8/2002 MCRT#: ll96 Div: D3 Cav: SecCls
| 1e-7.9.3 |Deleted|
**EffDte: O5/O8/2002 MCRT#: ll96 Div: D3 Cav: SecCls
| 16-7.10 |FEGL| Coverage During|Workers' Compensation| See MAOP, Pa
7.8.!|
Employees entitled to benefits from the Office of Workers
Compensation Programs OWCP! for a jobrelated illness or injury may
continue FEGLI coverage as a "compensationer." FEGLI Basic coverage!
is continued during the first 365 consecutive days of LWOP without
cost, and the cost for any of the three options will be withheld from
the compensation payments. |Following the 365 day LWOP period, FEGLI
coverage may be continued through OWCP with no Accidental Death or
Dismemberment feature! for employees receiving benefits from that
agency. The qualifications to continue coverage are the same as in
Section l67.7 for continuing coverage as a retiree.!
**EffDte: lO/l4/1993 MCRT#: ll8 Div: D3 Cav: SecCls
| 16-7.11 |FEGLl Coverage for|Reemp|oyed Annuitants
IA Federal retiree whose annuity continues during
reemployment keeps FEGLI coverage in one of two ways. lf the retiree
is reemployed in a position which does not carry eligibility for life
insurance as an employee, his or her FEGLI coverage continues through
the retirement system and is administered by OPM. If the retiree is
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r
Y
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1
reemployed in a position which carries the right to
an employee, the coverage as a retiree is suspended
reacguires FEGLI coverage as an employee including
and Dismemberment benefits!. Premiums are withheld
merely supplemented! upon the second retirement haslife insurance as
and the retiree
Accidental Death
from the
reemployed annuitant's salary as they would be for other covered
employees. If the reemployed annuitant waives or declines any FEGLI
coverage while he or she is reemployed, the waiver or declination will
also apply to FEGLI coverage as a retiree when he or she retires
again. A reemployed annuitant whose annuity is RECALCULATED not
his or her FEGLI
retirement coverage determined by the amounts and types of FEGLI
coverage in effect on the day of the second separation.!
**EffDte: l0/l4/1993 MCRT#: ll8 Div: D3 Gav: SecCls:
16-7.12 Filing for FEGLI Death Benefits Previously Section 16-7.9.3!
When an employee dies, the person entitled to be paid the
FEGLI death benefits see Section l67.6! must complete a Form FE6
Claim for Death Benefits!. Following the death of a Bureau employee,
the completed FE6 with a certified copy of the death certificate! is
sent to FBIHQ, which files the FE6 with the Office of Federal
| Employee's Group Life Insurance OFEGLI!,00 Park Avenue, New
I York, New York l0l660ll4. When the spouse or child of an employee
covered by Option C Family dies, the employee completes a Form FE6
DEP Statement of Claim!. A Bureau employee in this situation would
send the FE6 DEF and certified copy of the death certificate! to
FBIHQ, which would file it with OFEGLI. The appropriate survivor of a
retired federal employee would obtain the FE6 from OPM and, upon
completion, file it directly with that agency.
**EffDte: 07/l9/1995 MCRT#: 424 Div: D3 Cav: SecCls:
| |16-7.13 Living Benefits
SENSITIVE
19Effective 7/25/95, a terminally ill employee who is
determined by his or her physician to have nine or fewer months to
live may apply to be paid all of his or her FEGLI Basic insurance
amount, or any multiple of $1,000 up to the total of the FEGLI Basic
insurance amount less approximately five to six percent of the
requested amount, which OFEGLI will retain to represent lost interest
to the FEGLI program!. No Living Benefits payment may be made from
the employee's FEGLI optional insurance amounts, and when the employee
dies, any FEGLI optional insurance still in force and any FEGLI Basic
amount not previously paid as Living Benefits will be paid to the
employee's beneficiaries as described in Section l67.6. Should the
employee be paid Living Benefits and not die as expected, the employee
may not subsequently reenroll in FEGLI Basic insurance. An employee
desiring Living Benefits should obtain Form FE8 Application for
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
| Living Benefits! from OFEGLI and, upon completion, file it directly
| with OFEGLI.
**EffDte: O7/l9/1995 MCRT#: 424 Div: D3 Cav: SecCls:
| 16-7.14 Assignment of Ownership of FEGLI
Employees covered by FEGLI may assign ownership of their
FEGLI insurance policies to someone other than themselves, including
any firm, corporation, trust, or other legal entity. Assignment
transfers from the employee to the new owner of the policy all rights
and title to the policy, including the right to designate
beneficiaries and the right to decide whether the employee may make
changes in his/her FEGLI coverage including cancellation!.
Assignment of shares of the policy may be made to more than one new
owner; however, if the employee assigns any part of his/her FEGLI
policy to a new owner, he or she may not retain any part of the FEGLI
policy the remainder must also be assigned to someone else.
Following assignment, the employee will still be liable for paying the
legal FEGLI premiums described above for his/her coverage. Assignment
of a FEGLI policy may be made for any reason; but assignment is an
irrevocable action. However, the new owner may subsequently assign
the policy back to the employee if the new owner so desires.
Employees who wish to assign ownership of their FEGLI policies may
obtain Form RI 76-10 Assignment of Federal Employees Group Life
Insurance! from the Personnel Division.!
**EffDte: O7/l9/1995 MCRT#: 424 Div: D3 Cav: SecCls:
16-8 UNEMPLOYMENT COMPENSATION FOR FEDERAL EMPLOYEES
Unemployment compensation benefits are available to
eligible separated federal employees after terminal leave expires.
Taxfree basic benefits extend generally for 26 weeks in a benefit
year, but vary in amount per week depending upon the state. Some
states augment benefits with additional allowances made for
dependents. Eligibility determination rests solely with state
unemployment insurance offices. Generally, claimants must register
with those offices, must be unemployed, and must be able and available
to work when work is offered, or must be in a leavewithoutpay status
I for seven days or more. Employees should be furnished an SF8 at the
time of the exit interview notifying them of their rights to claim
such benefits.
**EffDte: lO/3l/2000 MCRT#: lO34 Div: D3 Cav: SecCls:
SENSITIVE
20
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16-9 FEDERAL SAFETY COUNCILS
The Federal Safety Council and its field affiliates,
Regional Federal Safety Councils, are administered by the Secretary
of Labor. The Council and its regional affiliates periodically hold
meetings for the purpose of assisting Government agencies in
preventing and reducing accidents, and developing and maintaining
safety organizations to eliminate work hazards and health risks. The
President and the Secretary of Labor have in the past reguested the
cooperation of all Government agencies in this endeavor, and Federal
regulations reguire that agencies should participate in such councils.
Accordingly, FBIHQ desires that the SAC or SAC's designated
representative participate in such councils in your area in an
"observer" status when a local council requests your attendance or
when information to be provided would be of benefit to employees or
office operations. Only extreme operational requirements should be
allowed to justify any given instance of nonparticipation.
**EffDte: O3/26/1992 MCRT#: O Div: D3 Cav: SecCls:
16-10 CHARITY CAMPAIGNS
Since l956 the guidelines for charity campaigns in the
FBI have been governed by the White House policy and program
overseeing charitable fundraising within the Federal establishment.
See the administrative file for details regarding the policies and
procedures. A copy of Executive Order 10927 regarding fundraising
within the Federal service is also maintained in the administrative
file.
**EffDte: O3/26/1992 MCRT#: O Div: D3 Cav: SecCls:
16-10.1 Fundraising Activities
l! An employee may engage in fundraising only in
accordance with the restrictions in part 950 of 5 CFR on the
conduct of charitable fundraising in the federal workplace and in
accordance with paragraphs ! and ! of this section.
! DEFINITIONS OF TERMS:
a! Fundraising means the raising of funds for a
nonprofit organization, other than a political organization as defined
in Title 26, USC, Section 527 e!, through:
l. Solicitation of funds or sale of items; or
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21
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
2. Participation in the conduct of an event by
an employee where any portion of the cost of attendance or
participation may be taken as a charitable tax deduction by a person
incurring that cost.
b! PARTICIPATION IN THE CONDUCT OF AN EVENT means
active and visible participation in the promotion, production, or
presentation of the event and includes serving as honorary
chairperson, sitting at a head table during the event, and standing in
a reception line. The term does not include mere attendance at an
event provided that, to the employee's knowledge, his/her attendance
is not used by the nonprofit organization to promote the event. While
the term generally includes any public speaking during the event, it
does not include the delivery of an official speech as defined in the
following paragraph or any seating or other participation appropriate
to the delivery of such a speech. Waiver of a fee for attendance at
an event by a participant in the conduct of that event does not
constitute a gift for purposes of 5, CFR, Part 2635, Subpart B.
!
employee in his/her
to his/her officialOFFICIAL SPEECH means a speech given by an
official capacity on a subject matter that relates
duties, provided that the employee's agency has
determined that the event at which the speech is to be given provides
an appropriate forum for the dissemination of the information to be
presented and provided that the employee does not request donations or
other support for the nonprofit organization. Subject matter relates
to an employee's official duties if it focuses specifically on the
employee's official duties, on the responsibilities, programs, or
operations of the employee's agency as described in 5, CFR,
2635.SO7 a! ! i! E!, or on matters of Administration policy on
which the employee has been authorized to speak.
d! PERSONALLY SOLICIT means to request or otherwise
encourage donations or other support either through persontoperson
contact or through the use of one's name or identity in correspondence
or by permitting its use by others. It does not include the
solicitation of funds through the media or through either oral
remarks, or the contemporaneous dispatch of like items of mass-
produced correspondence, if such remarks or correspondence are
addressed to a group consisting of many persons, unless it is known to
the employee that the solicitation is targeted at subordinates or at
persons who are prohibited sources as defined in MAOP, Part I,
ll3.2.l. It does not include behindthescenes assistance in the
solicitation of funds, such as drafting correspondence, stuffing
envelopes, or accounting for contributions.
! Eundraising in an official capacity. An employee may
participate in fundraising in an official capacity if, in accordance
with a statute, Executive order, regulation or otherwise as determined
by the agency, he/she is authorized to engage in the fundraising
activity as part of his/her official duties. When authorized to
participate in an official capacity, an employee may use his/her
official title, position and authority. See l!.!
! Eundraising in a personal capacity. An employee may
engage in fundraising in his/her personal capacity provided that
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22
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
| he/she does not:
| a! Personally solicit funds or other support from a
subordinate or from any person known
prohibited source.
position or any authority associated
ordinarily addressed using a generalto the employee to be a
b! Use or permit the use of his/her official title,
with his/her public office to
further the fundraising effort, except that an employee who is
term of address, such "The
Honorable," "Doctor" or a former military rank, may use or permit the
use of that term of address or rank for such purposes; or
I c! Engage in any action that would otherwise
I violate the Office of Government Ethics standards of conduct. See
I !-
**EffDte: O7/12/1994 MCRT#: 271 Div: D9D3 Cav: SecCls:
16-11 PAYROLL MATTER - VOLUNTARY ALLOTMENTS TO FINANCIAL
ORGANIZATIONS
! Regulations provide that employees can have: a
maximum of two deductions made from their salary for savings
allotment s! purposes and sent to a financial organization s!; the
entire amount of net pay after all other deductions! sent to a
financial organization for credit to
voluntary allotments for SATT and/or
Ivoluntary allotments for dues to an
payments.a checking account; separate
SAMBA life insurance premiums;
association of management
officials and/or supervisors including membership dues for the EBIAA,
SES and BADGE!; charitable contributions to the Combined Federal
Campaign; Special Agents Insurance Fund membership assessment; income
tax withholdings; savings for an employee assigned to a post of duty
overseas;!and a voluntary allotment for child support and/or alimony
a! Employees desiring to enroll in the Savings
Allotment Program and/or net pay checking must execute SE1199A
Direct Deposit SignUp Form! bearing revision date of July, 1984.
Public Law 103-356, dated October 13, 1994 mandates that all newly
hired employees, who begin to receive federal wage or salary payments
on or after January 1, 1995, must be
transfer. All newly hired employees
as a condition of employment, within
form should also be used to increase
allotment s!. The government agencypaid by electronic funds
must sign up for direct deposit,
45 days of their EOD date. This
or decrease the savings
copy of the completed SE1199A
should be forwarded to EBIHQ, Attention: Payroll Administration and
Processing Unit, Accounting Section.
the employee should retain the otherThe financial organization and
completed copies of SF1199A.
b! Cancellations of savings and net pay allotments
to financial organizations may be accomplished by executing ED434
SENSITIVE
23
SENSITIVE
ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1
Request for Cancellation of Savings!or!Checking Account Allotments!.
The completed form should be forwarded to FBIHQ, Attention: Payroll
Administration and Processing Unit, Accounting Section. The request
for cancellation should be processed by the Payroll Office prior to
the account being cancelled at the financial organization.
! Amounts withheld for SATI and SAMBA life insurance
lpremiums; Combined Federal Campaign; Special Agents Insurance Fund
membership assessment; and income tax withholdings|are deducted as
separate voluntary allotments and will not affect the two savings
allotments.
! Optional Form 299 Request by Employee for Action on
Allotment of Pay! must be used to authorize a voluntary allotment for
child support and/or alimony payments. A new form should be submitted
to increase or decrease the amount of the allotment or to cancel the
allotment. The original copy of the completed form should be
forwarded to FBIHQ, Attention: Payroll Administration and Processing
Unit, Accounting Section. One copy each of the form should be
retained by the recipient of the allotment and by the employee.
Extreme care must be exercised when completing Optional Form 299;
particularly item eight must show the correct name and mailing address
of the recipient of the allotment since the biweekly payments will be
forwarded to the recipient by the Department of the Treasury rather
than by the FBI. The amount of the allotment will be deducted each
pay period and forwarded to the recipient. No deduction will be made
when an employee is on leave without pay for a part of the pay period
in which the pay is insufficient to cover the entire allotment. An
amount will not be withheld for a voluntary allotment from the final
salary payment upon separation from the FBI.
! A supply of Forms SF1199A, FD434 and Optional Form
299 may be ordered by requisition from Bureau supply.
**EffDte: 10/19/1995 MCRT#: 464 Div: FD Cav: SecCls:
16-12 THE SPECIAL AGENTS INSURANCE FUND
! The Special Agents Insurance Fund SAIF! was
organized
money for
policy at
collected
$4,136.17
result ofon January 29, 1935, for the purpose of providing a sum of
the families of Agents killed in the line of duty. The
that time was to pay to the beneficiary the entire sum
at the time of death; thus the initial payment was
Because of the disparity in death benefits paid as a
this policy, the membership voted during September, 1939,
to thereafter pay the sum of $5,000 to each beneficiary. During
November, 1940, the membership voted to extend payments to the
beneficiaries of Agents who died from any cause, rather than
requiring that the Agent's death be caused by violence. During 1943,
the Agent membership voted to increase member contributions to $10
and to increase the survivor benefits to $10,000. Assessments and
SENSITIVE
2 4
SENSITIVE
ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1
benefits remained constant u
…[truncated]