RD Instruction 2063-A

PART 2063 -- EMPLOYEE RELATIONS AND SERVICES

SUBPART A - Professional Liability Insurance

§ 2063.1 [General]{.underline}.

\(a\) [Purpose]{.underline}. This regulation describes Rural
Development's policy on reimbursing employees for the cost of
professional liability insurance. This type of insurance provides
liability and legal defense insurance for Federal employees who are
acting within the scope of their employment.

\(b\) [Applicability]{.underline}. This instruction applies to all
supervisors or management officials as defined in 5 U.S.C. 7103(a)(10)
and (11).

\(c\) [Effective date]{.underline}. This instruction is effective
immediately.

§ 2063.2 [References]{.underline}.

\(a\) Department Regulation Number 4060-1

\(b\) 5 U.S.C. 7103(a)(10) and (11)

\(c\) Section 636 of the Treasury, Postal Service and General
Appropriations Act, 1996, contained in Public Law No. 104-208 and Public
Law No. 106-58, Title IV, Section 642(a)

§ 2063.3 [Definitions]{.underline}.

[Supervisor]{.underline}. An individual employed by an agency having
authority in the interest of the agency to hire, direct, assign,
promote, reward, transfer, furlough, layoff, recall, suspend,
discipline, or remove employees, to adjust their grievances, or to
effectively recommend such action, if the exercise of the authority is
not merely routine or clerical in nature but requires the consistent
exercise of independent judgment.

[Management Official]{.underline}. An individual employed by an agency
in a position the duties and responsibilities of which require or
authorize the individual to formulate, determine, or influence the
policies of the agency.

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DISTRIBUTION: WSAL Human Resources

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(05-19-04) PN 374

RD Instruction 2063-A

§ 2063.4 [Responsibilities]{.underline}.

\(a\) [Assistant Administrator for Human Resources]{.underline} shall
provide the policy and procedures for administering the professional
liability insurance program within Rural Development.

\(b\) [State Directors]{.underline} shall ensure that State Human
Resources offices have accurate supervisory designations for positions
so proper eligibility determinations may be made.

\(c\) [Employees]{.underline} shall ensure they are eligible for
reimbursement prior to incurring the cost of professional liability
insurance.

§ 2063.5 [Policy]{.underline}.

\(a\) [Overview]{.underline}. Rural Development shall offer
reimbursement for professional liability insurance to all employees
occupying positions which Rural Development identifies as supervisors or
management officials. Eligible employees are reimbursed for 50 percent
of the annual cost of professional liability insurance.

\(b\) [Reimbursement]{.underline}. Employees must submit requests for
reimbursement to their servicing Human Resources office as soon as
possible after completing payment, but no later than the end of the
calendar year, a cancelled check and a copy of the policy is sufficient
documentation. Employees who elect to pay their premium through payroll
deduction may not request reimbursement until the annual premium is paid
in full.

\(c\) [Change of Positions]{.underline}. Employees occupying eligible
positions will lose their eligibility for subsequent reimbursement if
they move to an ineligible position. Loss of eligibility will be
effective the same date as the personnel action moving them from the
eligible position. In this situation, no repayment of previously
reimbursed amounts will be required. Employees moving into eligible
positions will become eligible for reimbursement on the effective date
of the personnel action.

\(d\) [Appeals]{.underline}. An employee may appeal a denial of
reimbursement through Rural Development's grievance procedures.

§§ 2063.6 -- 2063.50 \[Reserved\]

OoO

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