FECA and FTCA For You!

Hometown Citizens - Homeland Heroes

FECA and FTCAFECA and FTCAFor You!For You!

20102010

Capt Brian Fischenich, USAFCapt Brian Fischenich, USAFLegal Advisor to CAP-USAFLegal Advisor to CAP-USAF

andand

Col Rafael A Robles, CAPCol Rafael A Robles, CAPGeneral CounselGeneral Counsel


DisclaimerDisclaimerThe information in this presentation has been prepared by Civil Air Patrol-The information in this presentation has been prepared by Civil Air Patrol-

United States Air Force Legal Advisor office for informational purposes United States Air Force Legal Advisor office for informational purposes only and is not legal advice or counsel. The views and interpretations are only and is not legal advice or counsel. The views and interpretations are

of the author only; they DO NOT represent the views, and/or the of the author only; they DO NOT represent the views, and/or the interpretations of the Air Force, the Department of Labor, and/or any other interpretations of the Air Force, the Department of Labor, and/or any other

federal entity. The information is not provided in the course of an federal entity. The information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice or attorney-client relationship and is not intended to constitute legal advice or

to substitute for obtaining legal advice from a licensed attorney. The to substitute for obtaining legal advice from a licensed attorney. The information contained herein may or may not reflect the most current legal information contained herein may or may not reflect the most current legal developments, and every case is fact dependent. No one should act upon developments, and every case is fact dependent. No one should act upon

any information in this document without seeking independent any information in this document without seeking independent professional legal counsel. Lastly, the Department of Labor web-page professional legal counsel. Lastly, the Department of Labor web-page

((www.dol.gov)www.dol.gov) is a good source of additional information in this area. is a good source of additional information in this area.

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OverviewOverview

-The Federal Employees Compensation Act (FECA)-The Federal Employees Compensation Act (FECA)

-Conditions of Coverage-Conditions of Coverage

-Entitlements--$-Entitlements--$

-Related Benefits-Related Benefits


Overview (cont.)Overview (cont.)

-The Federal Tort Claims Act (FTCA)-The Federal Tort Claims Act (FTCA)-History-History- An example / Coverage for Air Force Assigned - An example / Coverage for Air Force Assigned MissionsMissions-When denied-When denied

-Rumors…-Rumors…

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The Federal Employees Compensation ActThe Federal Employees Compensation Act

What is the What is the

Federal Employees Compensation Act?Federal Employees Compensation Act?

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Conditions of CoverageConditions of Coverage

-CAP Member 18 years of age-CAP Member 18 years of age

-Performance of Duty to the United States-Performance of Duty to the United States

-Includes Travel to and From an AFAM-Includes Travel to and From an AFAM

-Errands / Lunch-Errands / Lunch

-Multiple Trips back and forth to an AFAM-Multiple Trips back and forth to an AFAM

-Documentation of CAP membership and “Performance of -Documentation of CAP membership and “Performance of Duty”Duty”

-Notice to Air Force of injury, or death, required within 30 -Notice to Air Force of injury, or death, required within 30 days of occurrence, and claim filed within 3 yearsdays of occurrence, and claim filed within 3 years

-Causation-Causation

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CAP Member 18 years of age or olderCAP Member 18 years of age or older

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-Includes travel to and from an AFAM-Includes travel to and from an AFAM

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-Errand (e.g. gas) / Lunch-Errand (e.g. gas) / Lunch

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--Performance of Duty to the United StatesPerformance of Duty to the United States-Multiple trips back and forth to an AFAM -Multiple trips back and forth to an AFAM

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Conditions of Coverage, something to Conditions of Coverage, something to consider…consider…

-Important Documentation: -Important Documentation:

-CAP Membership; and -CAP Membership; and

-In “Performance of Duty to the United states-In “Performance of Duty to the United states” ”

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-“Notice” to Air Force of injury, or death, required within 30 days -“Notice” to Air Force of injury, or death, required within 30 days of occurrenceof occurrence

-Claim for compensation must be filed within 3 years of injury or -Claim for compensation must be filed within 3 years of injury or death must be filed death must be filed

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Note…Note…

-CAP Members get more coverage than a -CAP Members get more coverage than a “regular Federal Employee”“regular Federal Employee”

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CausationCausation-“causal relationship” between the injury/death and “the -“causal relationship” between the injury/death and “the

AFAM activity” AFAM activity”

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So all of this would be for So all of this would be for nothing if…nothing if…

……the injury or death of the CAP volunteer is:the injury or death of the CAP volunteer is:

(a) Caused by his or her willful misconduct; (a) Caused by his or her willful misconduct;

(b) Caused by the volunteer's intention to bring about his or her death (b) Caused by the volunteer's intention to bring about his or her death [suicide] or that of another; or[suicide] or that of another; or

(c) If intoxication (by alcohol or drugs) is the proximate cause of the (c) If intoxication (by alcohol or drugs) is the proximate cause of the injury or deathinjury or death

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$$

--The pay rate for compensation purposesThe pay rate for compensation purposes is deemed to be the is deemed to be the rate of basic pay for a GS-9, step 1. rate of basic pay for a GS-9, step 1.

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$$

Entitlements for death of a CAP Member performing an AFAM-Entitlements for death of a CAP Member performing an AFAM-GENERALLY SPEAKINGGENERALLY SPEAKING

-Widow/Widower 50%-Widow/Widower 50%

-Widow/Widower 45%, and Children plus 15% for each child, -Widow/Widower 45%, and Children plus 15% for each child, up to a total of 75% maximumup to a total of 75% maximum

-Child 40%-Child 40%

-More than 1 child, then add15% for each additional child, up -More than 1 child, then add15% for each additional child, up to a total maximum of 75%to a total maximum of 75%

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Related BenefitRelated Benefit

--Public Safety Officers’ Death BenefitsPublic Safety Officers’ Death Benefits: Payment of death : Payment of death benefits-Amount; recipients. In any case in which the Bureau benefits-Amount; recipients. In any case in which the Bureau of Justice Assistance (hereinafter in this part referred to as the of Justice Assistance (hereinafter in this part referred to as the "Bureau") determines, under regulations issued pursuant to "Bureau") determines, under regulations issued pursuant to this part that a public safety officer has died as the direct and this part that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of proximate result of a personal injury sustained in the line of duty, the Bureau shall pay a benefit of duty, the Bureau shall pay a benefit of

$ 250,000 […] to $ 250,000 […] to 42 USC 42 USC 3796 (a).3796 (a).

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Related BenefitRelated Benefit

-Funeral expenses; transportation of body-Funeral expenses; transportation of body

-If death results from an injury sustained in the -If death results from an injury sustained in the performance of duty, the United States shall pay, performance of duty, the United States shall pay, to the personal representative of the deceased or to the personal representative of the deceased or otherwise, funeral and burial expenses not to otherwise, funeral and burial expenses not to exceed $800, in the discretion of the Secretary of exceed $800, in the discretion of the Secretary of Labor 5 USC 8134 (a).Labor 5 USC 8134 (a).

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FECA is a Sole RemedyFECA is a Sole Remedy

--FECA benefits are the FECA benefits are the sole remedysole remedy for CAP volunteers for CAP volunteers against the United States for work-related injury or death against the United States for work-related injury or death while in active service (conducting an AFAM). A CAP while in active service (conducting an AFAM). A CAP volunteer or his or her dependents cannot sue the United volunteer or his or her dependents cannot sue the United States for work-related injury or death under any other States for work-related injury or death under any other statute. statute.

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What about CAP Members What about CAP Members under 18?under 18?

Again there is no FECA Coverage for CAP members under Again there is no FECA Coverage for CAP members under 18….however:18….however:

-The CAP has a self-insured program-The CAP has a self-insured program

-Medical Expenses - $8,000, less a $50 deductible per claim-Medical Expenses - $8,000, less a $50 deductible per claim

-Accidental Death - $10,000-Accidental Death - $10,000

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Federal Tort Claims Act (FTCA)Federal Tort Claims Act (FTCA)

-Federal Tort Claims Act (FTCA) -Federal Tort Claims Act (FTCA) -History-History- An example / Coverage for Air Force Assigned - An example / Coverage for Air Force Assigned MissionsMissions-When denied-When denied

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FTCAFTCA

HistoryHistory

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FTCAFTCA

An Example An Example

Coverage for Air Force Assigned MissionsCoverage for Air Force Assigned Missions

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FTCAFTCA

When denied…When denied…

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Rumor 1Rumor 1

-Rumor has it…-Rumor has it…

-If a CAP member is not wearing a CAP Uniform he/she is -If a CAP member is not wearing a CAP Uniform he/she is NOT entitled to FECA or FTCA benefitsNOT entitled to FECA or FTCA benefits

Not true! The key to FECA / FTCA Coverage is Air Force Not true! The key to FECA / FTCA Coverage is Air Force Assigned Mission StatusAssigned Mission Status

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Rumor 2Rumor 2


-The FTCA provides protection / liability insurance for CAP -The FTCA provides protection / liability insurance for CAP Members personal propertyMembers personal property

-Not true! -Not true! 32 Code of Federal Regulations (CFR) section 842.143 32 Code of Federal Regulations (CFR) section 842.143 says: says:

Claims not payable. Claims not payable. A claim is not payable if it: (a) Is for use or depreciation of A claim is not payable if it: (a) Is for use or depreciation of privately owned property, operated by CAP or its members on an Air Force privately owned property, operated by CAP or its members on an Air Force noncombat mission, or other specified Air Force authorized mission.noncombat mission, or other specified Air Force authorized mission.

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Rumor 3Rumor 3


-Because the Code of Federal Regulations does NOT provide CAP -Because the Code of Federal Regulations does NOT provide CAP members insurance coverage for their personal planes [this is true…members insurance coverage for their personal planes [this is true…we just looked at 32 CFR section 842.143], insurance companies we just looked at 32 CFR section 842.143], insurance companies will NOT insure CAP Members personal planes IF and/or WHILE will NOT insure CAP Members personal planes IF and/or WHILE when performing Air Force Assigned missions when performing Air Force Assigned missions

Not true! The major insurance companies for personal aircraft were Not true! The major insurance companies for personal aircraft were contacted by the CAP-USAF/CC in 2008 and they do provide contacted by the CAP-USAF/CC in 2008 and they do provide insurance coverage to CAP Members who use their planes on Air insurance coverage to CAP Members who use their planes on Air Force Assigned missions. Force Assigned missions.

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In SummaryIn Summary

-The Federal Employees Compensation Act (FECA)-The Federal Employees Compensation Act (FECA)

-Conditions of Coverage-Conditions of Coverage

-Entitlements--$-Entitlements--$

-Related Benefits-Related Benefits

-The Federal Tort Claims Act (FTCA)-The Federal Tort Claims Act (FTCA)-History-History- An example / Coverage for Air Force Assigned Missions- An example / Coverage for Air Force Assigned Missions-When denied-When denied

-Rumors…-Rumors…

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