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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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Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

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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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20
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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, a1.12.2.!

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 Adverse

employee 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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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1

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 Deputy

Director. 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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4
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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 Rico

PHILADELPHIA

Delaware

Pennsylvania

West Virginia

JACKSONVILLE

Alabama

Florida

Georgia

Kentucky

Mississippi

North Carolina

South Carolina

Tennessee

Virgin Islands

DALLAS

Arkansas

Louisiana

New Mexico

Oklahoma

Texas

CHICAGO

Illinois

Minnesota

Wisconsin

DISTRICT OE COLUMBIA

Maryland

Virginia

District of Columbia

All Legats

CLEVELAND

Indiana

Michigan

Ohio

KANSAS CITY

Iowa

Kansas

Missouri

Nebraska

DENVER

Colorado

Montana

North Dakota

South Dakota

Utah

Wyoming

SEATTLE

Alaska

Idaho

Oregon

Washington

SAN FRANCISCO

Arizona

California

Hii HONOLULU!
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ManlID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

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 is

employee'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 Claims

regular 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 occurred5|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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| 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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**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 wish

must 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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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

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

CA2O

and/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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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

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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

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 a

becomes eligible for Medicare this

lifetime!,

 d! An enrolled

insufficient to make withholdings

enrolled, or

temporary 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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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

| |!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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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1

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

employee

The 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 the

desire 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

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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 twoyear 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

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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,

SENSITIVE

26
SENSITIVE

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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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1

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 Enrollment

Gav: 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 for

unmarried 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 Enrollment

physical 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

Y and 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,

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28

the last day of the pay period

Once the enrollment is

be entitled to the temporary

cannot convert to an individual
SENSITIVE

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 former

A 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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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

| 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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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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! 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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| |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 premium

FEHB

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 reverse I

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 spouse I

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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38

Coordinators, or other

but is not limited to
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

| 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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 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 selfreferral.

 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 Information

Cav: 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 written

employee, 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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SENSITIVE

ALL IHFURHATIUE EEHTAINED

HEREIE IE UHCLAE5IFIED

DTE §EEl2UD? 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 Deleted

O Div: D3FD

1124 Div: D3

938 Div: D3

938 Div: D3

938 Div: D3

938 Div: D3

1124 Div: FDD3

1124 Div: D3

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1

Gav:

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 each

so 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 of

is 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! and

report 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

4

SecCls:

| 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

5

B704, 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

SENSITIVE

6
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

| 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

1259

Div: 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 Cross

Cav:

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

SENSITIVE

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:

SENSITIVE

8
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

| 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

SENSITIVE

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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10
ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1

SENSITIVE

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 over

Withholding per

$1,000 Insurance

|$0.03|

0.04
SENSITIVE

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 entryonduty, 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 entryonduty 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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12
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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 of of 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

enrolllor

date 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 by

multiples

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
SENSITIVE

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

SENSITIVE

14
SENSITIVE

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

SENSITIVE

15

1,16
SENSITIVE

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

continue

coverage 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

COVGISQG

continue

B premium

reduce will

employee may

of Option B

he or she had during the five years of service immediately

unreduced 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

multiple

Option 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:

SENSITIVE

16
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

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

SENSITIVE

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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18

@

r

Y

rtl,16
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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 has

life 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

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19

Effective 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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| 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:

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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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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 official

OFFICIAL 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 massproduced 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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| 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 general

to 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 agency

paid 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 other

The financial organization and

completed copies of SF1199A.

 b! Cancellations of savings and net pay allotments

to financial organizations may be accomplished by executing ED434

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 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 of

on 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

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benefits remained constant until April 12, 1967, when the membership

voted to increase the assessment to $20 and to increase the survivor

benefits to $20,000. Effective January 1, 1980, the Board of

Governors increased the benefits payable to $30,000 with no increase

in the $20 assessment. The purpose of the fund is to merely

supplement, not replace, the Agent's insurance coverage and to

provide funds which are immediately available to the surviving spouse.

!

been called after

fund fall below a

fund is reinsured

so that in the event of five or more deaths in any

4hour period! the fund will pay the beneficiary

and INA will then pay the next 90 beneficiaries.

! Membership is limited to Special

Inspectors, Assistant Directors, Assistants to the

Associate Director,92the Deputy Director, Associate

Historically, an assessment of the membership has

six successive deaths or when the assets of the

predetermined amount, presently $500,000. This

with Life Insurance Company of North America INA!

one incident

of the first five

Agents,

Director, the

Deputy Directorsl

and the Director of the Federal Bureau of Investigation who are on

active duty. To apply for membership in the SAIF prospective members

should execute Form FD253, Application/Renewal of

Designation of Beneficiary.

! Because the

funds to the beneficiaries of

individuals may be designated

trust funds may be designated

Membership and

purpose of SAIF is to provide immediate

deceased Special Agents, only

as primary beneficiaries. Estates and

as contingent or secondary

beneficiaries. If a minor child is listed as the beneficiary, a delay

of payment of the fund may be incurred until a guardian is appointed.

**EffDte: 09/28/1990 MCRT#: 0 Div: D3 Cav: SecCls:

16-12.1 Bylaws of the Special Agents Insurance Fund

"BYLAWS OF

THE SPECIAL AGENTS INSURANCE

"ARTICLE I

"Name

FUND

"Section 1. The name of this beneficial association shall be the

Special Agents Insurance Fund, hereinafter referred to as SAIF or the

Fund.

"ARTICLE II

|"Objective|

"Section 1. The|objective92of SAIF is to provide a sum of money by

voluntary contributions from members for payment to the designated

beneficiary or beneficiaries of a deceased member, or the Fund

member's estate if no beneficiary has been designated, upon the death

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of a member.

"ARTICLE III

"Membership

"Section l. The membership of SAIF shall be limited to the Special

Agents, Inspectors, Assistant Directors, Deputy Director, and the

Director of the Federal Bureau of Investigation FBI! who arellaw

enforcement officers and who arelon active duty.

"Section 2. Membership of a person eligible under Section l of this

Article shall commence with the acceptance of an application and

initial assessment by an authorized representative and continues until

terminated by any of the following events, except as otherwise

provided in Sections 3, 4, and 5 of this Article:

 a! Death of the member.

 b! Separation from the rolls of the FBI by the member's retirement,

resignation, dismissal, or transfer to another federal agency.

Membership shall terminate as of the date and time active duty in

the FBI ceases.

 c! Commencement of leave without pay LWOP! for active service in

the United States Armed Forces. Membership shall terminate as of the

date and time active duty in the FBI ceases.

 d! Failure to pay an assessment within thirty 0! calendar days

from the date upon which the SAIF Board of Governors has declared an

assessment is due and payable. Membership shall terminate as

of close of businesslonlthe thirtieth day.

"Section 3. For each newly appointed Special Agent of the FBI,

membership in SAIF shall commence immediately upon the administration

of the Oath of Office. Membership shall continue only if formal

application is made and initial assessment paid by the newly appointed

Agent within thirty calendar days of entering on duty as an Agent.

Should the new Agent die within the thirtyday period, and before

making formal application for membership and payment of the initial

assessment, the initial assessment will be withheld from the death

benefit. Failure of the new Agent to make formal application for

membership and to pay the initial assessment within thirty days of

entering on duty will result in an immediate termination of

membership.

"Section 4. Any member of the Fund who is carried on the rolls of the

FBI in the status of Leave Without Pay LWOP! due to illness, any

member on LWOP due to a special assignment, and any member on detail

to another federal agency or Congressional92Committee who is not paid

under the FBI's payroll system,92shall continue as a member of SAIF

provided that all assessments are|paid directly to the Fund.92

"Section 5. A retired member who has returned to active duty in the

FBI is eligible for membership.

"Section 6. Persons on active duty and eligible for membership, but

who have not previously been members of the Fund, may become members

upon the acceptance of an application and payment of an initial

assessment and all prior assessments since the date they first became

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eligible for membership in the Fund.

"Section 7. Former members of the Fund who are on active duty and

continue to be eligible for membership under Section l of this

Article, may become members upon the acceptance of an application and

payment of all prior assessments occurring after the termination of

their membership and while they were on active duty and eligible for

membership.

"ARTICLE IV

"Member's Voting Privileges

"Section l. Each member shall be entitled to cast one vote, by

ballot, on all matters submitted to the membership for vote. The

Assistant Director of the Personnel Division PD! shall furnish

written proposals and ballots to the membership for voting on any

occasion required by the Board of Governors or any occasion covered

elsewhere in these Bylaws. The Assistant Director, PD, shall

supervise the election process, tally all votes cast and submit a

written report of the results to the Chairman of the Board of

Governors.

"Section 2. A majority vote cast by the members shall govern in all

matters properly submitted to the membership for vote, except as

provided in Section 3 of this Article.

"Section 3. In elections held for the purpose of selecting a new

Board of Governors, the five ! nominees with the greatest individual

accumulations of votes cast shall constitute the newly elected Board.

"ARTICLE V

"Board of Governors

"Section l. The Board of Governors of the Fund shall consist of five

! members elected by the members of SAIF. The Board of Governors

shall serve for a term of three ! years. Governors may serve no

more than two consecutive terms. A newly elected Board of Governors

shall take office on December l, 1985, and each third year thereafter.

"Section 2. Governors will automatically cease to hold office upon

termination of their membership in the Fund.

"Section 3. Except as provided in Section 2 of this Article, unless a

Governor resigns, the Board shall hold office until a new Board is

elected. Completion of term of office shall not be considered

disqualifying for the purpose of this Section.

"Section 4. Any vacancy on the Board of Governors shall be filled for

the remainder of the unexpired term by appointment of a Fund member by

the Chairman of the Board of Governors.

"Section 5. The Board of Governors shall act as a nominating

committee to submit to the membership a list of ten lO! nominees for

election of a new Board before the expiration of its term of office.

"Section 6. The Board of Governors shall act as advisors to the

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Director of the FBT, in his capacity as Trustee of the Charles S. Ross

Fund, on matters regarding investment of Ross funds and payment of

benefits.

"ARTICLE VI

"Organization and Meetings of

The Board of Governors

"Section 1. The Board of Governors shall elect from the Governors, a

Chairman who shall hold such office for the remainder of the Board's

term or until the Board's successors are elected. The Chairman shall

be the presiding officer of the Board, and shall perform all of the

duties usually incident to such office.

"Section 2. The Board of Governors shall appoint a Fund member as

Recording Secretary to maintain a record of the Governing Board's

deliberations. The Recording Secretary serves at the pleasure of the

Board of Governors.

"Section 3. There shall be no stated meetings of the Board of

Governors, except that the Board must meet at least once annually.

The Chairman shall convene meetings of the Board from time to time as

required by pending business.

"Section 4. Three members of the Board of Governors shall constitute

a quorum capable of transacting any business that may come before the

Board, except as provided in Section l of Article IX.

"Section 5. The following shall be the order of business at meetings:

Reading of Minutes of previous meeting

Reports of Recording Secretary

Unfinished Business

. New Business

. Adjournment

"ARTICLE VII

"Powers and Duties of the Board of Governors

in addition to those covered elsewhere

in these Bylaws

"Section 1. The business management and affairs of SAIF shall be

under the direction and control of the Board of Governors. The Board

of Governors shall have authority to levy assessments on the

membership, authorize contracts, incur liabilities, expend and invest

funds, and such other matters and things connected with the conduct of

the Fund as they may determine. The Board of Governors shall act with

due care and diligence and exercise ordinary skill with respect to the

management and administration of the affairs of the Fund and in the

use or preservation of its property and assets.

"Section 2. The Board of Governors may grant special or general

authority to others, and may likewise withdraw such authority, all

upon such terms and conditions as the Board of Governors may

determine, except that the Assistant Director of the Personnel

Division PD! of the FBI will receive and account for all monies of

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the Fund. The Assistant Director, PD, shall take necessary steps to

announce assessments as required by the Board of Governors and to

collect same, and shall disburse benefit payments in appropriate

instances. The Assistant Director, PD, shall prepare and submit in

writing to the Board of Governors, an annual report on the financial

condition of the Fund. All financial, administrative and other

records of the Fund shall be placed in the care, custody, and control

of the Assistant Director, PD, and be made available to the Board of

Governors upon request.

"Section 3. The funds of SAIF shall be deposited only in regular

 interestbearing! savings accounts, certificates of deposit, or money

market funds, in such banks and financial institutions as the Board of

Governors may determine, to be withdrawn only as may be determined by

the Board of Directors, except as otherwise provided in Section 4 of

this Article.

"Section 4. All transactions concerning investments of SAIF funds

shall be approved by the Chairman of the Board of Governors. This

approval shall be recorded in memoranda format from the Recording

Secretary to the Chairman. In the event time is of the essence, the

Chairman may orally authorize the investment of SAIF funds to be

confirmed by followup memorandum. In the Chairman's absence, another

Governor shall be designated by the Chairman to act in his stead.

"Section 5. The Board of Governors shall consider all matters

pertinent to the operation of the Fund and all suggestions submitted

by members of the Fund and shall submit to the membership of the Fund

for vote only those matters deemed appropriate by the Board. When a

matter is submitted to the membership of the Fund for vote, the

submission shall be in writing and shall be accompanied by a ballot.

"Section 6. The Board of Governors shall cause the financial

statements of the Fund to be audited annually by Special Agent

Accountants of the FBI and advise the membership of the results of all

audits conducted.

"ARTICLE VIII

"Assessments, Benefits and Disbursements

"Section l. The initial assessment for each new member shall be

twenty dollars $20! and subsequent assessments in the amount of

twenty dollars $20! may be levied on the entire membership from time

to time by the Board of Governors, as the state of the Fund may

require, except as provided in Section 2 of this Article.

"Section 2. A newly appointed Special Agent shall be required to pay

an initial assessment of twenty dollars $20! to become a Fund member

but shall not be required to pay any assessments payable before the

completion of New Agents Training at the FBI Academy.

"Section 3. Members failing to pay an assessment within thirty 0!

calendar days from the date upon which the assessment is due shall

forfeit all rights under the Fund until they shall have paid the

assessment missed and any subsequent assessments. Should a member die

within the thirty-day grace period provided for payment of the

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assessment, the assessment amount will be withheld from the death

benefit payable.

"Section 4. The primary beneficiary designated by a member shall be a

person or persons. Estate and trust funds shall not be designated by

a member as the primary beneficiary, but may be designated as the

contingent beneficiary.

"Section 5.

Beneficiary

The Application for Membership, Designation of

Form FD253! shall be executed by all eligible persons

to apply for SATF|membership92and to designate Fund beneficiaries.

Form FD253 must again be executed in its entiretylto change

beneficiaries. A change in beneficiaries, to be valid, must be

received and processed by the Personnel Division prior to the death of

the member.|

"Section 6.

4, of these

assessments

Form FD8l8

to properly

92Except as otherwise provided under Article TIT, Section

Bylaws, the initial assessment and all subsequent

must be paid through payroll allotment. Payroll allotment

has been established for this purpose. Any member failing

execute an FD8l8, or who cancels their SAIF payroll

allotment, shall immediately forfeit all rights under the Fund.|

"Section|7.| The liability of the Fund shall not under any

circumstances exceed the amount of monies in the Fund at the time any

liability shall occur.

Section|B.| Except as provided in Sections92792and929|of this Article,

payment shall be made|upon92the death of a member of the Fund in the

amount of thirty thousand dollars $30,000!. Payment shall be made to

the designated beneficiary or beneficiaries, orltolthe estate of the

decedent if no beneficiary has been designated.

"Section|9.| Tn the event death of a member is by suicide, no payment

shall be made unless the member has been a member of the Fund for a

continuous period of at least two years at the time of death.

"Section|l0.92 One signature from each of two groups of signatories

shall be required for any and all disbursements of monies from the

Fund. One group of signatories shall be composed of all members of

the Board of Governors; the second group of signatories

composed of

shall be

the Assistant Director, Personnel Division, the FBI

Personnel Officer and the Recording Secretary.

"Section l.

"ARTICLE IX

"Changes in Bylaws

These Bylaws may be altered, amended, or changed only by

a majority vote of the Board of Governors.

"Section 2. The membership must be notified in writing of any changes

to these Bylaws approved by the Board of Governors"

**EffDte: 07/l3/1995 MCRT#: 406 Div: D3 Cav: SecCls:

SENSITIVE

30
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16-13 CHARLES S. ROSS FUND

! The Charles S. Ross Fund was established on

December 15, 1944, by Mrs. May C. Ross, widow of Charles S. Ross,

with the Director of the FBI as trustee. This charitable trust was

established to provide a payment of $1,500 to the beneficiary of any

Special Agent killed in the line of duty. There is no cost for

membership in this fund.

! In 1980, the U.S. District Court was petitioned to

relieve the Director from the $1,500 limitation on the amount which

may be paid to the beneficiary of Agents killed in the line of duty.

The Court ruled to allow the Director to pay a sum which is

approximately equivalent to the purchasing power of $1,500 in 1944

dollars. Annually, the amount paid is reevaluated and increased

accordingly to the purchasing power of the 1944 dollar.

! The Board of Governors for the SAIF serves in an

advisory capacity to the Director of the FBI for the Charles S. Ross

Fund. Form FD253, Application/Renewal of Membership and Designation

of Beneficiary, is also used for Special Agents to designate a

beneficiary for the Charles S. Ross Fund.

**EffDte: 01/23/1986 MCRT#: 0 Div: D3 Cav: SecCls:

16-14 PUBLIC SAFETY OFFICERS DEATH AND DISABILITY BENEFITS See

MIOG, Part 1, 184-9.!

! The Public Safety Officers Benefit Act, as

amended Title 42, USC, Section 3796 a! through f!!, provides a lumpsum benefit to survivors of federal law enforcement officers killed in

the line of duty or accidentally while on duty. The benefit shall be

I |$259,000,|adjusted annually by the percentage increase in the

Consumer Price Index. Eligibility for this benefit will be

determined by the Department of Justice.

! Congress has provided in this Act that

the surviving spouse of a qualifying law enforcement officer will

receive the entire benefit if there are no surviving children. Onehalf of the benefit will be divided equally among the law enforcement

officer's surviving children, with the other half of the benefit paid

to the surviving spouse. The surviving children would share the

entire benefit equally if there is no surviving spouse. If the law

enforcement officer is survived by neither a spouse nor any children,

the benefit will be divided in equal shares among the officer's

surviving parent s!. If the law enforcement officer is survived by no

spouse, child, or parent, no benefit will be paid. Law enforcement

officers may not designate any beneficiary to receive the benefit

under this Act.

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3 1
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! Congress has provided by amendment to this Act that

the lumpsum benefit described in paragraph ! shall be paid to any

federal law enforcement officer who has become permanently and totally

disabled as the direct result of a catastrophic personal injury

sustained in the line of duty on or after November 29, 1990.

Eligibility for this benefit will be determined by the Department of

Justice. However, the following prerequisites must be met to receive

the disability benefit:

 a! An award of maximum compensation must be

granted; and

 b! The disability must result in the law

enforcement officer's permanent and complete separation from his or

her employing agency.

**EffDte: 08/26/2002 MCRT#: 1224 Div: D3 Cav: SecCls:

16-15 HUMANITARIAN EXPENSE FUND

! On 10/27/90 Congress passed Public Law 101-647, 104

Stat. 4916, the Crime Control Act of 1990 CCA of 1990!. For lack of

specific statutory authorization, the FBI was never able to provide

assistance to survivors i.e., spouse, parents, children, and inlaws!

of employees who were wounded or killed in the line of duty. Under

Title 28, United States Code, Section 3201 a!, authority was granted

to the Director of the FBI to appropriate $25,000 per fiscal year to

pay humanitarian expenses incurred ! by an employee of the Bureau as

a result of a serious illness, serious injury, or death occurring

while on official business, or ! by a member of the immediate family

of such employee, incident to the serious injury or death occurring

while on official business.

! Authority for administering the Humanitarian Expense

Fund has been delegated to the Employee Benefits Unit EBU!,

|Personnel|Division! PD!,|with all approved expenses incurred on behalf

of FBI employees or their immediate families charged to the EBU's cost

code  0344.

! Since the Humanitarian Expense Fund has a cap set by

law of $25,000 per fiscal year, the FBI is not permitted to supplement

it by additional funding from other sources. Therefore, in order to

ensure funds are disbursed in an equitable and uniform manner, direct

reimbursement is limited to $1,000 per individual and $3,000 per

family. This policy ensures equal treatment and that one accident or

other covered matter would not use all the available funding.

However, the EBU is authorized to exceed the $1,000 and $3,000

limitations in unusual situations.

! The fund will be reconsidered in September of each

year, if funds are available, to determine whether additional

reimbursements can be made. Only those unpaid expenses which are

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32
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appropriate and which would have been paid in the first place if

funding had allowed it at the time will be considered.

! Expenses generally fall into two categories, l!

professional services such as psychological counseling, and ! travel

expenses associated with transporting the family to the hospital, when

remote from the office of assignment, and survivors to attend

funerals, memorial services, and critical incident seminars.

! The following procedures

use of Humanitarian Expense Funds:

are to be used to request

the EBU with

. Requests must

involved and

 a! Requests are to be submitted to

full details and justification for requested expenses

identify the employee and/or immediate family members

detail the nature of the expenses and estimated costs, including

travel cost detail travel on Travel Request Form FD54O!, of any FBI

employee s! required to travel with the employee's family members.

 b! Upon approval or disapproval of request by the

Assistant Director of|PD,|the EBU will notify the requestor and

provide instructions and financial limitations, if appropriate.

 c! Professional services approved by the EBU should

be documented on Requisition for Supplies and/or Equipment FD369!

which will be converted into a purchase order. In addition, the

vendor may submit invoices for services to the EBU.

 d! Travelrelated expenses will require extensive

involvement of an onscene assistance officer, assigned by the field

office or FBIHQ entity, who is to coordinate all travel arrangements,

pay all related bills, and submit a travel voucher for the expenses

incurred by the individuals being provided humanitarian assistance and

any accompanying FBI employee. Travel expenses will be limited to the

levels currently established by Federal Travel Regulations.

 e! The assistance officer is to make hotel

reservations and pay the hotel bill and expenses such as food, taxi,

etc., or provide the family with cash to pay their own expenses,

ensuring costs are within the per diem rate limits. An advance of

funds may be obtained for this purpose.

 f! The assistance officer is to prepare the travel

voucher to account for all travel expenses and submit same to EBU for

review and approval.

**EffDte: O4/21/1994 MCRT#: 226 Div: D3 Cav: SecCls:

16-16 EMPLOYEE BENEVOLENT FUND See also MAOP, Part 1, 16-16.1.

 l! The Employee Benevolent Fund BF!, also known as the

Benevolent Fund, was established on April 9, 1997. This fund

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33

!
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provides immediate financial assistance to the family of any FBI

employee who dies from any cause during his or her service with the

FBI. The BF is open to all employees.

! The cost of membership in the BF is $1.00 per pay

period, payable through payroll deduction, and will include the

following coverage:

 a! If a member of the BF dies while a Bureau

employee, the designated beneficiary will be paidla minimum of

$l5,000!by check within one workday after the death is reported to the

Employee Benefits Unit, Administrative Services Division. The check

will belsentlto the beneficiary by|the BF's administrator|. If

death is caused by suicide, no payment will be made unless the member,

at the time of death, had been a member of the BF for a continuous

period of two years.! Unlike conventional life insurance, there will

be no need for survivors to fill out a claim form or get a

certificate of death in order to receive the money. The money is

guaranteed, as the BF is backed by the Special Agents Mutual Benefit

Association SAMBA!.

 b! If the employee dies due to a terrorismrelated

incident, SAMBA has agreed to pay an additional $100,000 payment to

the beneficiary, for alminimum of $ll5,000,!as long as the

employee does not already have such protection through another SAMBA

plan.

! There are two types of beneficiaries an employee may

designate to receive proceeds from the BF.

 a! Primary beneficiaries are those persons who

would immediately receive the money if they are still living when the

employee dies. The employee may designate as many of these as he or

she wishes and divide the money between them, but may only designate

individuals not businesses, trusts, or other entities! to be primary

beneficiaries.

 b! Secondary beneficiaries are the beneficiaries

who the employee chooses to receive the money if the primary

beneficiaries have died by the time the employee dies. Secondary

beneficiaries may be individuals, or may be designated as trusts,

corporations, schools, charities, or any other legal entities.

! Membership in the BF ends when an employee separates

from activeduty employment in the FBI for any reason, including

retirement.

! The BF is governed by a fivemember Board of

Governors. The initial Board was appointed by Aegis, the Support

Employees Advisory Committee to the Director, and took office

December 1, 1996. Future Boards will be elected by vote of the

Fund's members. Board members serve a term of three years and may

serve no more than two consecutive terms.

! Persons eligible for membership may become members

only during an "open season" and upon the execution and delivery

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of the forms FD862 payroll allotment authorization form! and FD863

 enrollment form! to an authorized representative. The initial open

season shall extend for 30 calendar days. Open seasons are expected

to be infrequent and cannot be held more frequently than once every

two years. Open seasons are initiated at the discretion of the Board

of Governors.

 a! New employees are enrolled in the BF upon taking

the oath of office; however, to remain enrolled they must execute and

deliver forms FD862 and FD863 to an authorized representative

within 30 calendar days of entering on duty.

 b! A former member who has returned as a permanent

or term employee is eligible for membership upon reinstatement, and

must complete and deliver forms FD862 and FD863 to an authorized

representative within 30 calendar days of reinstatement.

! Execute FD862 payroll allotment authorization form!

to cancel allotments. Execute FD863 enrollment form! to change

beneficiaries.

 B! See MAOP, Part 1, l6l6.l, for complete BF Bylaws.

**EffDte: O5/l6/2000 MCRT#: 976 Div: D3 Cav: SecCls:

16-16.1 "By|aws of the Employee Benevolent Fund See MAOP, Part 1, 16-16.!

"ARTICLE I

"Name

"Section 1. The name of this beneficial association shall be the

Employee Benevolent Fund Inc., hereinafter referred to as BF or the

Fund. The Fund is a nonprofit corporation formed under the laws of

the District of Columbia.

"ARTICLE II

"Objective

"Section l. The objective of BF is to provide a sum of money by

voluntary contributions from members for payment to the designated

Primary beneficiary ies! or Contingent beneficiary ies! of a deceased

member, or the Fund member's estate should the employee die prior to

executing and delivering the reguired "Application of Membership and

Designation of Beneficiary Form" FD863! and Allotment Form FD862!

during his/her first 30 days of service.

"ARTICLE III

"Membership

"Section l. Membership in the BF is limited to employees of the FBI

who are permanent or term employees, Fulltime or parttime.

Temporary employees are ineligible to join. All permanent or term

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35
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

employees on the FBI personnel rolls 3O calendar days after the date

that these bylaws become effective, and all employees who enter on

duty thereafter, are eligible to join the BF.

"Section 2. Except as provided for in Section 3 of this Article,

membership of a person eligible under Section l of this Article shall

commence with the execution and delivery of the "Application of

Membership and Designation of Beneficiary Form" FD863! and the

Allotment Form FDB62! to an authorized representative and continues

until terminated by any of the following events, except as otherwise

provided in Sections 3, 4, and 5 of this Article:

" a! Death of the member.

" b! Separation from the rolls of the FBI by the member's retirement,

resignation, removal, or transfer to another Federal agency.

Membership shall terminate as of l2:Ol AJMIJ of the calendar day

after the effective date of the member's separation from the

personnel rolls of the FBI.

" c! Leave without pay LWOP! for any reason for more than 365

consecutive days.

" d! Voluntary cancellation of the payroll allotment FDB62! as of

12:01 A.M., of the calendar day after the effective date of the

cancellation.

"Section 3. For each new employee of the FBI, membership in BF shall

commence immediately upon the administration of the Oath of Office.

Membership shall continue only if the "Application of Membership and

Designation of Beneficiary Form" FD863! and Allotment Form FDB62!

are executed and delivered to an authorized representative within

thirty calendar days of entering on duty. Failure to execute and

deliver the forms within thirty calendar days of entering on duty

will result in an immediate termination of membership.

"Section 4. A former member who has returned as a permanent or term

employee in the FBI is eligible for membership upon reinstatement.

Membership shall continue only if the "Application of Membership and

Designation of Beneficiary Form" FDB63! and Allotment Form FDB62!

are executed and delivered to an authorized representative within

thirty calendar days of reinstatement. Failure to execute and

deliver the forms within thirty calendar days will result in an

immediate termination of membership.

"Section 5. Persons eligible for membership may become members only

during an "open season" and upon the execution and delivery of the

"Application of Membership and Designation of Beneficiary Form"

 FD863! and Allotment Form FD862! to an authorized representative.

The initial open season shall extend for 3O calendar days. Open

seasons are expected to be infrequent and cannot be held more

frequently than once every two years. Open seasons are initiated at

the discretion of the Board of Governors.

"ARTICLE IV

"Member Voting Privileges

SENSITIVE

3 6
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

"Section l. Each member shall be entitled to cast one vote, by

ballot, on all matters submitted to the membership for vote. The

Assistant Director of the Administrative Services Division ASD!

shall be requested to furnish written proposals and ballots to the

membership for voting on any occasion required by the Board of

Governors or any occasion covered elsewhere in these Bylaws. The

Board shall request the Assistant Director, ASD, to supervise the

election process, to tally all votes cast and submit a written report

of the results to the Chairman of the Board of Governors.

"Section 2. A majority vote cast by the members shall govern in all

matters properly submitted to the membership for vote, except as

provided in Section 3 of this Article.

"Section 3. In elections held for the purpose of selecting a new

Board of Governors, the five ! nominees with the greatest

individual accumulations of votes cast shall constitute he newly

elected Board.

"ARTICLE V

"Board of Governors

"Section l. The Board of Governors of the Fund shall consist of five

! members elected by the members of BF. The Board of Governors

shall serve for a term of three ! years. Governors may serve no

more than two consecutive terms. A newly elected Board of Governors

shall take office on December l, and each third year thereafter.

"Section 2. Governors will automatically cease to hold office upon

termination of their membership in the Fund.

"Section 3. Except as provided in Sections 2 and 6 of this Article,

unless a Governor resigns, the Board shall hold office until a new

Board is elected. If at the completion of term of office a new board

is not elected, the current board will preside until such elections

may occur.

"Section 4. Any vacancy on the Board of Governors shall be filled

for the remainder of the unexpired term by appointment of a Fund

member by the Chairman of the Board of Governors.

"Section 5. The Board of Governors shall act as a nominating

committee to submit to the membership a list of ten lO! nominees for

election of a new Board before the expiration of its term of office.

"Section 6. A minimum of three Board members is required to call an

emergency meeting of the entire Board for the purpose of removing a

fellow Board Member. All five Board members must be present at such

a meeting and all Board members must vote on whether to remove a

Board member. A majority vote will be required to remove the Board

member for cause only.

"ARTICLE VI

"Organization and Meetings of

The Board of Governors

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3 7
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

"Section l. The Board of Governors shall elect from the Governors, a

Chairman who shall hold such office for the remainder of the Board's

term or until the Board's successors are elected. The Chairman shall

be the presiding officer of the Board, and shall perform all of the

duties usually incident to such office.

"Section 2. The Board of Governors shall appoint a Fund member as

Recording Secretary to maintain a record of the Governing Board's

deliberations. The Recording Secretary serves at the pleasure of the

Board of Governors.

"Section 3. The Board must meet at least once annually. The

Chairman shall convene other meetings of the Board from time to time

as required by pending business. Meetings may also be called as set

forth in Article V, Section 6.

"Section 4. Three members of the Board of Governors shall constitute

a quorum capable of transacting any business that may come before the

Board, except as provided in Article IX, Section l and Article V,

Section 6.

"Section 5. The following shall be the order of business at

meetings:

. Reading of Minutes of previous meeting

Reports of Recording Secretary

Unfinished Business

. New Business

. Adjournment

"ARTICLE VII

"Powers and Duties of the Board

of Governors in addition to those

covered elsewhere in these

Bylaws

"Section l. The business management and affairs of BF shall be under

the direction and control of the Board of Governors. The Board of

Governors shall have authority to adjust the level of contributions

on the membership, authorize contracts, incur liabilities, expend and

invest funds, accept gifts, contributions, donations, bequests, and

devises and such other matters and things connected with the conduct

of the Fund as they may determine. The Board of Governors shall act

with due care and diligence and exercise ordinary skill with respect

to the management and administration of the affairs of the Fund and

in the use of preservation of its property and assets.

"Section 2. The Board of Governors may grant special or general

authority to others, and may likewise withdraw such authority, all

upon such terms and conditions as the Board of Governors may

determine, except that the Assistant Director of the Administrative

Services Division ASD! of the FBI will be requested to receive and

account for all monies of the Fund. At the request of the Board of

Governors the Assistant Director, ASD, shall take necessary steps to

announce open seasons and/or allotment adjustments as required by the

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Board of Governors, and shall disburse benefit payments in

appropriate instances. The Assistant Director, ASD, will be

requested to prepare and submit in writing to the Board of Governors,

an annual report on the financial condition of the Fund. All

financial, administrative, and other records of the Fund shall be

placed in the care, custody, and control of the Assistant Director,

ASD, and be made available to the Board of Governors upon request.

"Section 3. The funds of BF shall be deposited only in regular

 interestbearing! savings accounts, certificates of deposit, or

money market funds, in such banks and financial institutions as the

Board of Governors may determine, to be withdrawn, only as may be

determined by the Board of Governors except as otherwise provided in

Section 4 of this Article.

"Section 4. All transactions concerning investments of BF funds

shall be approved by the Chairman of the Board of Governors. This

approval shall be recorded in memoranda format from the Recording

Secretary to the Chairman. In the event time is of the essence, the

Chairman may orally authorize the investment of BF funds to be

confirmed by followup memorandum. In the Chairman's absence,

another Governor shall be designated by the Chairman to act in

his/her stead.

"Section 5. The Board of Governors shall consider all matters

pertinent to the operation of the Fund and all suggestions submitted

by members of the Fund and shall submit to the membership of the Fund

for vote only those matters deemed appropriate by the Board. When a

matter is submitted to the membership of the Fund for vote, the

submission shall be in writing and shall be accompanied by a ballot

as set forth in Article TV.

"Section 6. The Board of Governors shall cause the financial

statements of the Fund to be audited annually and advise membership

of the results of all audits conducted.

"ARTICLE VIII

"Costs, Benefits,

Disbursements

and

"Section l. The fund shall be funded through contributions to be

paid by the use of payroll allotments. The contribution is initially

set at $1.00 per pay period, per member. The contribution for the

entire membership may be adjusted from time to time by the Board of

Governors, as the state of the Fund may require.

"Section 2. Allotment adjustments to match required contributions

will be automatic. Membership will be advised at least two pay

periods in advance to any payroll adjustments.

"Section 3. The primary beneficiary designated by a member shall be

a natural person or natural persons. Estates and trusts shall not be

designated by'a member as the primary beneficiary, but may be

designated as the contingent beneficiary.

"Section 4. The "Application of Membership and Designation of

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39
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

Beneficiary Form" FDB63! and Allotment Form FD862! shall be

executed by all eligible persons to apply for BF membership and to

designate Fund beneficiaries. Form FD863 must again be executed in

its entirety to change beneficiaries. A change in beneficiaries, to

be valid, must be delivered to the Administrative Services Division

prior to the death of the member.

"Section 5. Except as otherwise provided under Article III, Section

4, of these Bylaws, all contributions will be made through payroll

allotment. The BF Allotment Form FD862! has been established for

this purpose.

"Section 6. Except as provided in Section 7 of this Article, payment

shall be made upon the death of a member of the Fund in the amount of

I no less than922592thousand dollars92 $25,000!.92 In the event the death

is caused by a terrorist act as defined by SAMBA Terrorist Protection

Insurance, and the member is not already covered by SAMBA Terrorist

Protection Insurance, the amount of payment will increase by

$100,000. Payment shall be made to the Primary beneficiary ies! or

Contingent beneficiary ies! of a deceased member, or the Fund

member's estate should the employee die prior to executing and

delivering the required "Application of Membership and Designation of

Beneficiary Form" FDB63! and Allotment Form FD862! during his/her

first 30 days of service.

"Section 7. In the event death of a member is by suicide, no payment

shall be made unless the member has been a member of the Fund for a

continuous period of at least two years at the time of death.

"Section B. Two signatures shall be reguired for any and all

disbursements of monies from the Fund. Signatories shall be composed

of all members of the Board of Governors.

"ARTICLE IX

"Changes in Bylaws

"Section I. These Bylaws may be altered, amended, or changed only by

a majority vote of the Board of Governors.

"Section 2. The membership must be notified in writing of any

changes to these Bylaws approved by the Board of Governors.

**EffDte: 02/I8/1999 MCRT#: 863 Div: D3 Gav: SecCls:

| |1B-17 DEATH GRATUITY PAYMENT DGP!

Public Law l04208, effective September 30, l996, gave

federal agencies the authority to pay up to $l0,000 as a death

gratuity to the "personal representative" of an employee who died from

an injury sustained in the line of duty on or after August 2, l990.

This includes an employee who dies after separation from service.

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40
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

This DGP is to be paid from appropriations in an amount when combined

with certain other payments, that does not exceed $10,000. Other

payments that must be considered in determining the amount of the

gratuity are:

! $200 payable by Office of Workers Compensation

Programs OWCP! for reimbursement of the costs of termination of the

decedent's status as an employee; and

! Up to $800 payable by OWCP for funeral and burial

expenses in cases of employees who die as a result of an injury

sustained in the performance of duty.!

**EffDte: 04/22/1999 MCRT#: 876 Div: D3 Gav: SecCls:

16-13 FEDERAL LAW ENFORCEMENT DEPENDENTS ASSISTANCE ACT

The Federal Law Enforcement Dependents Assistance Act of

1996 provides financial assistance for the purpose of higher education

to the dependents i.e., spouses and children! of federal law

enforcement officers who died or became disabled in the line of duty

on or after May 1, 1992. Like the Public Safety Officers Death and

Disability Benefit, this program is administered and paid by the

Department of Justice.!

**EffDte: 04/22/1999 MCRT#: 876 Div: D3 Cav: SecCls:

16-19 PROFESSIONAL LIABILITY INSURANCE

Professional liability insurance is insurance which provides

coverage for legal liability for damages as a result of injuries to

other persons, damage to their property, or other damages or losses to

such other persons including the expenses of litigation and

settlement! resulting from or arising out of any tortious act, error,

or omission while acting within the scope of official duties.

Coverage also includes the cost of legal representation for a covered

individual in connection with any administrative or judicial

proceeding including investigative or disciplinary proceedings!

relating to any act, error, or omission while acting within the scope

of official duties.

! The law implementing reimbursement of professional

liability insurance mandates reimbursement of this insurance to

certain qualified employees. For purposes of this section the term

"gualified employee" includes law enforcement officers, attorneys,

supervisors, and management officials. Only those employees occupying

the above positions are eligible for reimbursement of up to onehalf

the cost incurred for the purchase of professional liability

insurance, not to exceed $115 per year. However, for good cause, this

SENSITIVE

41
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

k

amount may be reduced to not less than $50 a year.

! Qualified employees who have purchased professional

liability insurance through Wright and Company SATI! will

automatically be reimbursed for up to oneha1f of the cost of the

insurance. No action is required on behalf of qualified employees to

obtain reimbursement. The reimbursement will always be paid in

arrears, after the fiscal year ends. Thus, reimbursement for

insurance purchased for fiscal year 2001 October 1, 2000 to

September 30, 2001! will not be paid until after October 1, 2001 and

so on.

! Qualified employees who have purchased professional

liability insurance outside of Wright and Company must submit a claim

for reimbursement of the insurance. Only one payment will be

authorized each fiscal year as reimbursement for professional

liability insurance. Therefore, it is recommended that employees wait

until payment has been made in full each fiscal year before submitting

a claim for reimbursement of professional liability insurance.

 a! Claims for reimbursement of the insurance should

be made through submission of a properly executed FD794, Draft

Request Form, supported by a copy of the insurance certificate/policy

and proof of payment for the applicable year. The employee must

indicate his/her title on the FD794. The completed request should be

forwarded to the Travel Advance and Payment Unit, Room 1270, for

processing and issuance of payment.!

**EffDte: 11/15/2001 MCRT#: 1155 Div: FD Cav: SecC1s:

J<kJ<9¢kkJ<kk!<9¢k!<J<}¢J<9¢J<kJ<9¢kk9<!<k!<}¢!<9<J<kJ<9¢ !<9¢k!<J<kJ<9¢J<!<J<9¢k!<J<kk!<9¢k9<9<kJ<9¢k!<9<9

SENSITIVE

4 2
SENSITIVE

Man]-ID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

§iLL INFQHIEATIGIQ CUNTAIZIED

IEREIII I5 IIIICLEISEIFIEIII

iLi1r'I]iZ Cl;-"3;-1l2Cli1%"§I E"? 5832--*1 AUG BAi]?,*'CPB..="5'1"P

SECTION 17. RESIGNATIONS

17-1 RESIGNATIONS

17-1.1 Notice of Resignation

Employees should give reasonable period of advance notice. FBIHQ approval need not be secured

for an employee to cease active duty for purpose of resigning, even though employee will cease

duty on same day resignation is submitted. For resignations submitted during persomqel action

inquiries, refer to Part I, Section 13-12 of this manual.!

17-1.2 Manner of Submission

Each employee who resigns must do so in writing and the reason for resignation must be

documented on the Standard Form SF! 52. When an employee is leaving the FBI to accept

employment without a break in service in another federal agency, the personnel action processed is

a Termination-Appt In agency! rather than a resignation.

! The following procedures will be followed when a.n employee RESIGNS their employment

with the FBI:

 a! The employee will send an e-mail or provide a written notice stating the effective date and the

reason for resignation to his/her supervisor with a copy to the head of division.

 b! When the employee resigns orally, he/she is also required to provide written confirmation. The

person who received the oral resignation shall request an e-mail or written notice from the

employee. If this is not provided, the person who received the oral resignation must document this

in writing.

 c! The head of division is responsible for sending the request for resignation to the Staffing Unit,

Administrative Services Division. The request must be accompanied by an FD-193, Report of Exit

and Separation, or FD-193a, Report of Exit and Separation for Temporary Employment.

 d! The Staffing Unit representative will prepare and input the SF-52 into the Bureau Personnel

Management System and then process the personnel action.

! The following procedures will be followed when an employee leaves the FBI to TRANSFER to

another federal agency:

 a! The employee will send an e-mail or provide a written notice with the pertinent information

 name of agency, effective date, etc.! to his/her supervisor with a copy to the head of division.

 b! The head of division is responsible for sending the separation notice to the Staffing Unit,

Administrative Services Division. The notice must be accompanied by an FD-193, Report of Exit

and Separation, or FD- 193a, Report of Exit and Separation for Temporary Employment.

 c! The Staffing Unit representative will prepare and input the SF-52 into the Bureau Personnel

Management System and then process the personnel action.

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Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

17-1.3 Deleted

17-1.4 Effective Dates of Resignations and Payment for Unused Leave

17-1 .4.1 Routine Resignations

Resignations are normally effective at the close of business on the day the employee ceases active

duty, and the employee is paid a lump-sum payment for unused annual leave.

17-1 .4.2 Other Types of Resignations

! For details on employees entering military sewice, see Part I, Section l0 of this manual.

! An employee resigning for maternity purposes is generally paid for accrued sick leave for the

period of incapacitation and the resignation will become effective upon expiration of accrued sick

leave. In order for the employee to be paid for sick leave, a medical certicate must be furnished

certifying as to her inability to continue Working after the date she will cease active duty, and the

date of expected delivery. This certicate must be submitted With the employee's letterof

resignation. Employee is paid a lump-sum for any unused annual leave in the year of separation.

! For an employee resigning to accept a position at another Federal agency, the resignation is

normally effective on the date the employee ceases active duty. Annual and sick leave are

transferred to the hiring agency upon request of that agency, provided that agency is subject to the

same Annual and Sick Leave Act as the FBI. If this is not the case, the employee will normally be

paid for accrued annual leave and forfeit sick leave.

17-1.5 Withdrawal of Resignation

Once a resignation is submitted, it may be Withdrawn or revoked up until the time it becomes

effective, unless a sound administrative reason exists for not permitting the Withdrawal, in which

case the matter should be coordinated with the Administrative Services Division. If a submitted

resignation is later withdrawn, FBIHQ should be notified on a timely basis.

17-1.6 Final Payment for Salary and Lump-Sum Leave Payment

Separated employees receive payment for any workdays Worked during the pay period in which

resignation becomes effectiveon regular payday for that pay period. If employees are carried on the

rolls until expiration of sick leave, their nal payment is sent to their bank. Lump-sum leave

payments are included in employee's final salry payment. Where any restored leave is not used

before separation and if separation occursbefore the specied time limit for use, the employee will

receivea lump-sum payment for unused restored leave. Restored annual leave included in a lumpsum payment is not subject to refund of the lump-sum payment and may not be recredited if the

employee is reemployed prior to the expiration of the lump-sum period.

17-1.7 Return of Government Property See MIOG, Part 2, 12-1.3, 12-3.!

Upon resignation, separation, or suspension, SAC shall collect all Government property which has

been issued to the employee.

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Man]-ID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

17-1 .7.1 FieldProcedures See MI-92OP, Part 1, 17-1.7.4, Part 2, 6-111.2!; MIOG, Part 2

12-1.3, 12-3, 12-5.!

In the eld, the Bureau Personnel Management System, Issued Personal Property Subsystem and

the Property Management Application are to be reviewed for property assigned to an employee

prior to completing Form FD-367 and submitting to FBIHQ with appropriate property. In addition,

all division manual and automated records are to be reviewed for property assigned to employees

before separating from the Bureau. Any property that consists of credentials Agent and non-Agent!

and badges is to be packed separately from any other item and forwarded to FBIHQ, Attention:

Property Procurement and Management Section, Property Management Unit PMU!, by registered

mail. All telephone calling cards must be forwarded to FBIHQ, Attention: Operations Section,

Telecommunications Services Unit, Information Resources Division, by registered mail. Legal

Handbooks for Special Agents are to be packed separately and forwarded to FBIHQ, Attention:

Manuals Desk. Upon resignation, any eld personnel les, including subles, should be retained in

the eld ofce for 120 days after employment has terminated, and then destroyed. FBI

identification cards, U.S. government licenses, and FBI Employee Handbooks should be disposed

of by each eld division. Each field division must notify the PMU by submitting an FD-367 for any

of the above property. Firearms and Ballistic Protective Undergarments BPU! are to be packed

separately and forwardedto FBI Academy, Room 110, DN Building, Quantico, Virginia, 22135, by

registered mail, along with a copy of the FD-367. A notation must be made on the original FD-367

that the rearm and BPU have been forwarded directly to Quantico under separate cover.

11-1 .1.2 Manuals See MAOP, Part 2, 6-10.2 !.!

Manuals that are retumed to the Manuals Desk, FBIHQ, must have Form FD-474 attached to each

manual retumed.

17-1 .7.3 FBIRA Membership Cards

Current FBIRA membership cards of employees who are leaving service shall be secured from

employees in every instance and shall be destroyed by SAC. Advise FBIHQ of destruction in

communication reporting property return. If employee was not a member of FBIRA, such fact

should be reported in communication or on return property receipt.

17-1 .7.4 Support Employee Identification Cards

Upon resignation of support employee, FBI identication card should be secured and destroyed in

eld and Bureau advised.

17-1 .7.5 FBIHQ Procedures

At FBIHQ, all badges, credentials and identication badges should be secured and forwarded to the

PMU, PPMS, FD with a signed FD-281. Telephone calling cards are to be forwarded to

Telecommunications Services Unit, Operations Section, Information Resources Division, along

with a signed FD-281. All weapons are to be forwarded to the FBI Academy, Room 110, DN

Building, Quantico, Virginia, by registered mail, along with a copy of the FD-367 and a signed FD281.

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Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

17-1 .7.6 JEH Building Access Cards

Security access badges issued to employees for access to the JEH Building should be returned to

the Protective Security Unit, Security Division, Room 1358, with a signed FD-281.

17-1.8 Return of Employee and Family to Continental United States Following

Separation from Duty See Legal Attache Manual, Part 1, 5-8.!

Employees returning to the Continental United States from service abroad for separation purposes,

including retirement, must begin travel and transportation of household goods no later than six

months from the date of the employee's separation, unless delayed travel is authorized. To qualify

for return travel and transportation expenses, the employee must have completed the agreed-upon

period of service abroad. Employees hired locally are not eligible for return travel and

transportation expenses.

! Employees requesting separation travel must submit a written request to the Travel Advance

and Payment Unit TAPU!, Accounting Section, Room 1396, to exercise their entitlement to this

benefit. If the employee does not exercise his/her entitlement to separation travel within six months

of his/her separation date, the employee will be considered to have waived his/her entitlement to

return travel and transportation expenses.

! If additional time is required to complete separation travel, the employee must submit a written

request to the TAPU, Room 1396, not later than 30 days from the end of the six-month period,

setting forth the circumstances that have precluded him/her from completing separation travel and

the length of time needed to complete the travel. Reasons for delay may include, but are not limited

to, children's completion of school year, unable to sell current residence must document efforts!,

serious illness or death of an immediate family member, Act of God.

 a! Requests for delayed travel because of outside employment will not be approved.

 b! When delayed travel is authorized, all travel and transportation including delivery of household

goods! must be completed no later than two years from the date of the employee's separation.

! The following relocation benets are reimbursable in connection with separation travel: oneway travel, transportation of household goods, and shipment of one privately owned vehicle, if

shipped abroad, to his/her actual place of residence in the United States.

 a! Travel and transportation of household goods may be authorized to an alternate destination,

provided the government's cost doesnot exceed the cost that would have been paid for travel and

transportation to the employee's actual residence when assigned abroad. Any additional cost

resulting from travel and transportation of household goods to a.n alternate destination must be

borne by the separating employee.

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Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

17-2 EMPLOYEES LEAVING SERVICE

17-2.1 Deleted See SecurityPolicyManualat http://rmd.fbinet.fbi/ppu/manua|sdesk/manua|s_published_in_new_format.htm!

17-2.2 Employees Departing on Absence for Maternity Reasons

FD-309 is to be used to record exit interview,andit should be submitted to FBIHQ immediately

following interview.Thefollowing points should befollowed:

! Furnishemployee with FD-462 atthe same timethe FD-309 is executed. FD-462 explains

maternity benefitsavailableto employee.

! Submit a.nadministrativeperformanceratingonly if therehas been a substantialchangein

employee's work performancesincelastrating.If thereis no substantialchange,merelysostateon

FD-309. If absencefor maternityreasonsextendsto theend of theregularly scheduled ratingperiod

an annualperformanceratingmust be submitted atthattime.

! Employees who resignfor maternityreasons,ratherthan going on absence for maternity

reasons, should be handledas described in l7-2.1 above.

17-2.3 Employees Leaving for Military Service

SeePartI, Section10-5 of thismanualfor interview of employeeleavingfor military service.

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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

| SECTION 18. |FEDERAL RETIREMENT SYSTEMS|

**EffDte: O5/27/1993 MCRT#: 28 Div: D3 Cav: SecCls:

ALL IHFURHATIDH EDETEIHEB

HEREIN Z5 UHELREEIFIED

18-1 DATE U2-21.-EiiIEU? BY EH33-4 EJIUS BEa?LT£'CPBf$TF

|All FBI employees are covered by one of two retirement

systems, the Civil Service Retirement System CSRS! or the Federal

Employees Retirement System FERS!. All employees first hired into a

Federal civilian position on or after 1/l/84 are covered by FERS.

Employees who reinstate to Federal service and are exempt from FERS

because of a previous period of service under CSRS have six months

from the date of reinstatement to transfer to FERS if they had more

than three days break in service.|

**EffDte: 05/27/1993 MCRT#: 28 Div: D3 Gav: SecCls:

| 18-1.1 Submission of Request for Employee Retirement|Certificate|

Heads of offices may request a congratulatory

|certificateIfrom the Director for retiring employees by submitting an

FD93l Request for Employee RetirementICertificate!.I Forms should be

submitted to the|Executive Secretariat Unit, Records Management

Division,I3O days in advance of the retirement date if possible!.

Employees must have 20 years of cumulativeIfederal government|service

in order to be eligible for a|certificate,Iand there should be nothing

in the employee's work record which would preclude him/herIfrom|

receiving a congratulatoryIcertificatelfrom the Director. Exceptions

are made for employees with fewer years of service who retire on

| disability. ICertificates|will be sent to the heads of offices for

presentation or delivery.

**EffDte: 11/21/2002 MCRT#: 1244 Div: RM Gav: SecCls:

| 18-2 |CI92IIL SERVICE RETIREMENT SYSTEM CSRS!

CSRS is the original Federal retirement system, created by

Congress in 1920. CSRS benefits are in the form of a single annuity

based on a retired Federal employee's longevity and salary history.

The United States Office of Personnel Management OPM! administers

CSRS. While many CSRScovered employees also earn benefits from

Social Security and the Thrift Savings Plan TSP!, they are not a part

Of CSRS.|

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**EffDte: O5/27/1993 MCRT#: 28 Div: D3 Cav: SecCls

| 18-2.1 |Eligibi|ity|

**EffDte: O5/27/1993 MCRT#: 28 Div: D3 Cav: SecCls

| 18-2.1.1 |lmmediate Retirement

| AGE

| 62

| 60

I 55

50

Any

5O

**EffDte:

YEARS

Employees are vested after five years of civilian service

and are eligible for an immediate annuity if they have at least one

year of civilian service under CSRS during the two years prior to

separation. Age and yearsofservice requirements are shown below:

OF SERVICE SPECIAL CONDITIONS

5 None

20 None

30 None

2O

25 Annuity reduced if under

age 55; must be involuntarily separated i.e.,

major reorganization or

reduction in force RIF!!.

2O Law Enforcement at least

20 years of Federal civilian law enforcement

officer service!92

O5/27/1993 MCRT#: 28 Div: D3 Cav: SecCls

18-2.1.2 Mandatory Retirement

| |Section 8335 b!, Title 5, United States Code requires a

| law enforcement

of the month in

20 years of law

law enforcement

officer tolretire no later than the end

which they become age 57, provided they have at least

enforcement service. If they do not have 2O years of

service at the age of 57, they must retire no later

than the last day of the month in which they acquire 20 years of law

I enforcement service. |Exceptions to mandatory retirement may be made

I by the agency head as described in MAOP, Part I, l82.l.3.92

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**EffDte: O5/30/1996 MCRT#: 550 Div: D3 Cav:

| 18-2.1.3 Exception to Mandatory Retirement See MAOP, Part 1, 18-2.1.2|and 18

s.1.4.!|

SecCls:

 l! The Attorney General has delegated to the Director of

the FBI the authority to grant exceptions to mandatory retirement to

Special Agents SAs! whose continued service is required by the public

interest and would promote the mission of the FBI. Exceptions will be

made on a caseby-case basis for up to one year at a time and can be

made up to the month in which the Agent will reach 60 years of age. A

recommendation from the division head for exception must

| to the|Administrative Services!Division no more than six

to the mandatory retirement date. Members of the Senior

Service SES! should submit their requests for exception

be submitted

months prior

Executive

to the

Director 18 months prior to their mandatory retirement date. The

request for exception should include the following:

 a! The SA's name, date of birth, length

enforcement service, and date of mandatory retirement;

of law

 b! The SAFs grade, series, title, organizational

title, and duty location;

 C!

government service for the length of the exception;

 d!

A statement that the SA is willing to remain in

A thorough description of the reasons the SA's

retention is required by the public interest and would promote the

needs of the FBI in fulfilling its mission;

!

 f!

that the proposed

would promote the

A certification by the SA's division

! No

be granted at any

more than 20 exceptions for members of

The requested duration of the exemption; and

head or SAC

exemption is required by the public interest and

needs of the Bureau in fulfilling its mission.

the SES may

given time. Any SES member who is a Special Agent

and desires to extend his/her Bureau service must make their

intentions known by submitting a communication to the Director

approximately l8 months prior to reaching their mandatory retirement

date. The communication must specify to what age or date the

requestor desires to continue service, not to exceed age 60. Any SES

member considering this option is encouraged to discuss the matter

fully with the Director.

! The SES Board, chaired by the Deputy Director and

staffed by the Assistant Directors of the Criminal Investigative,

| Finance, Inspection, National Security,!Administrative Services,!

Information Resources, and Training Divisions, as well as

the Chairperson of the Special Agent MidLevel Management Selection

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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

Board will review requests for extended service and provide a

recommendation to the Director. The Director will then serve as the

final authority for approving/denying the request.

**EffDte: O4/22/1999 MCRT#: 876 Div: D3 Gav: SecCls

| 18-2.2 |Credit For Service See 18-3.2.!

Credit is given for years, months, and days of civilian

service, military service, and accrued sick leave on the date of

retirement. See important details concerning military deposits in

Section lB2.9.! Approximately 174 hours of sick leave provide an

additional month of service. After combining all service and sick

leave, only years and months of service are used in computing the

annuity. For example:

I YEARS MONTHS DAYS

Civilian service 28 I

| Military service 2

| Sick leave O

8

O

lO

12

O

25

| Total 30 37 l8

| equals 31 7 7

| Used to compute annuity 3l 7

**EffDte: O5/27/1993 MCRT#: 28 Div: D3 Cav: SecCls

18-2.3 "High-Three" Average Salary See 18-3.3.!

The total service years and months! and the "highthree"

average salary are the two factors used in computing the annuity. An

consecutive three years of service may be used for the "highthree"

average. Although the average must be from three consecutive years,

it does not have to be three calendar years. For example, the threeyear period can be from 3/27/92 through 3/26/95. Basic pay,

| |Availability Pay AVP!,92and locality pay are used in determining the

"highthree" average salary.

**EffDte: O4/O2/1996 MCRT#: 525 Div: D3 Cav: SecCls

| |18-2.4 Computing the Annuity See 18-2.10!, 18-3.4! and 18-5.4.!

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I The general formula used to determine the amount of the

I annual CSRS benefit is:

I 1.5% X "highthree" average X each of first five years

I plus

I 1.75% X "highthree" average X each of next five years

I plus

I 2% X "highthree" average X each year over ten years

I Special law enforcement retirement rules provide the

I following annuity computation for Special Agents:

I 2.5% X "highthree" average X each of first 2O years

I plus

I 2% X "highthree" average X each year over 2OI

**EffDte: O5/27/1993 MCRT#: 28 Div: D3 Cav: SecCls:

18-2.5 Contribution Rates

I Employees contributeI7Ipercent of base payIand locality pay

I into the CSRS. Agents pay 7.5 percent of base pay, locality pay and

I availability pay into the CSRS.I

**EffDte: OB/26/2002 MCRT#: 1224 Div: D3 Gav: SecCls:

18-2.6 Voluntary Contributions See 18-2.8!, 18-2.9! and 18-3.7!.!

Employees covered by CSRS may make voluntary contributions

to CSRS by filing Standard Form 2804. Voluntary contributions will

earn a variable interest rate, compounded annually. Any indebtedness

to CSRS such as deposits or redeposits must be paid prior to making

voluntary contributions. See Sections 18-2.? and 182.8 for

information on deposits and redeposits.! Voluntary contributions are

made directly to the United States Office of Personnel Management

 OPM! and must be made in $25 increments. The amount of voluntary

contributions is limited to 1O percent of the total of the employee's

pay from the date he/she was first hired by the government. The full

amount of voluntary contributions may be withdrawn at any time prior

to retirement; however, a tax penalty for early withdrawal from a

I retirement account may applyIon the interest incomelif a withdrawal is

I made prior to age 55. IInterest may be rolled over to another eligible

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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

| retirement account to avoid paying taxes and a penalty on the

| interest.!

Voluntary contributions may remain in CSRS after retirement and will

be used to increase the annuity. Each $100 of voluntary contributions

will provide an additional benefit of $7 per year, plus 20 cents for

each full year the annuitant is over age 55 at the time of retirement.

Interest rates on CSRS contributions have been as follows:

198513.0 percent 92l9937

198611.125 percent 1994

9. 1987--

1988--

1989--

l99O

1991--

1992-- 8

8

O percent

.375 percent

9. 125 percent

75 percent

625 percent

125 percent

**EffDte: O4/22/1999 MCRT#: 876

l9957 l9966

l9976

l9986

l9995.

Div: D3 Cav: SecCls

| 1s-2.7 Deposits See 1s-2.6 and 1a-31!.!

6.

125 percent

25 percent

percent

875 percent

875 percent

75 percent

75 percent!
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

! Redeposits may be paid any time prior to retirement

by filing Standard Form 2803. If a redeposit for refunded service

prior to October l, l99O, is not paid, the annuity will be actuarially

reduced. The amount of the reduction depends upon the amount owed at

time of retirement including accrued interest! and the employee's

life expectancy.

! The following table of factors is used to determine

the reduction. The total amount of the redeposit owed, including

interest, is divided by the factor for the age of the employee on the

date of retirement. The result is the amount of the monthly reduction

in the CSRS annuity.

CSRS

PRESENT VALUE FACTORS

| For annuities commencing on or after October l, l997|

AGE AT REDUCTION AGE AT REDUCTION

RETIREMENT FACTOR RETIREMENT FACTOR

40 |271.2| 66 |156.6|

41 |267.1| 67 |152.0|

42 |263.3| 66 |147.1|

43 |259 9| 69 |142 3|

44 |256.5| 70 |137 1|

45 |252 5| 71 |131.9|

46 |246 4| 72 |126.7|

47 |244.4| 73 |121.5|

46 |240.2| 74 |116.2|

49 |235 6| 75 |111.0|

50 |230.9| 76 |105.9|

51 |226.7| 77 |100.6|

52 |222.6| 76 95.6|

53 |216 2| 79 90.9|

54 |213.5| 60 6.2|

55 |206.5| 61 1.6|

56 |204.0| 62 7.1|

57 |199.4| 63 2.6|

56 |194.7| 64 6.7|

59 |190.2| 65 4.7|

60 |166.1| 66 1.0|

61 |161.2| 67 7.4|

62 |176.0| 66 4.1|

63 |171.3| 69 0.9|

64 |166.4| 90 7.9|

65 |161.5|

**EffDte: O4/22/1999 MCRT#: 876 Div: D3 Cav: SecCls:

| |18-2.9 Military Service Credit and Deposits See 18-2.2 and 18-3.9 ! & !.!

I ! At time of retirement, credit is given for active

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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

duty military service performed prior to l/l/57. Active duty military

service performed on or after l/1/57 is also creditable; however, a

deposit may be due for some employees.

! Creditable service includes active duty or active

duty for training in the Army, Navy, Air Force, Marine Corps, Coast

Guard, service in the Commissioned Corps of the U.S. Public Health

Service after 6/30/60, and service as a commissioned officer of the

National Oceanic and Atmospheric Administration after 6/30/61.

Service performed in the National Guard is creditable only if

performed under Title lO of the United States Code or by "call of the

President." Also, active duty for training often referred to as two

week summer camps! while in the military reserves is creditable if the

service was not performed while on leave from a Federal civilian

position. Weekend drills while in the reserves are not creditable.

! Employees who first entered on duty before lO/l/82

will receive credit for active duty military service at time of

retirement. The retired employee will lose credit for postl956

service at age 62 if the retiree is eligible for a Social Security

benefit, unless a deposit is paid.

! Employees who first entered on duty on or after

lO/l/82 will receive credit for prel957 military service. Postl956

military service is creditable only if a deposit is paid, regardless

of future Social Security eligibility.

! Under CSRS, the postl956 service credit deposit is

7 percent of the employee's total military base pay earned while

on active duty. Compound interest began to accrue on 1O/1/B5. The

variable rates of interest are given in Section lB2.6. Military

deposits must be made to the Bureau prior to retirement.

! Employees who are receiving military retired pay have

the option of waiving their military retired pay and receiving credit

for their military service in their CSRS benefit. Generally, the

military service cannot be used unless the military retirement pay is

waived. However, employees who are entitled to military retired pay

which was earned because of reserve duty do not need to waive their

reserve retirement benefit to receive credit for any creditable

activeduty military service they may have performed. Employees whose

military retired pay was based on a serviceconnected disability

incurred in combat or in line of duty during a period of war likewise

may receive credit for their military service without waiving military

retired pay.!

**EffDte: O5/27/1993 MCRT#: 28 Div: D3 Cav: SecCls:

1s-2.10 Disability Retirement See 1a-3.10 ! s. !.!

 l! After five years of civilian service, employees

covered by CSRS are eligible for disability benefits. Application is

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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

made to OPM. After reviewing the application and supporting

documentation, OPM makes the determination as to whether all criteria

for a disability retirement benefit are met.

! To gualify for disability retirement, employees must

have five or more years of civilian service and be physically or

mentally unable to perform the duties of their assigned positions or

another position that the Bureau could accommodate them in which would

have similar duties, pay the same salary, and be within the same

commuting distance. Accommodation within the same commuting area is

not required if the employee is in a position which is subject to

transfer.

! The benefit paid will be the greater of a! the

amount obtained under the general formula given in Section l82.4 or

 b! the guaranteed minimum.

! The guaranteed minimum is the lesser of a! 4O

percent of the "highthree" average salary or b! the amount obtained

under the general formula after increasing the actual years of service

by the time remaining between the date of separation from service and

the date the employee becomes age 60.

! If an Agent is approved for disability retirement and

has already attained 20 years of federal law enforcement service, but

has not yet reached age 50, he/she will have their disability

retirement computed using the CSRS law enforcement formula given in

l82.4. An Agent who has not yet served as a federal law enforcement

officer for 20 years will have their disability retirement benefit

computed using the guaranteed minimum method given in number !

above.|

 !! An annuitant who is receiving disability benefits is

allowed to earn income from wages and/or selfemployment. However, if

earnings in any calendar year are at least 80 percent of the current

rate of basic pay for the position from which the employee retired,

the employee is considered to be restored to earning capacity and the

benefit is stopped.

 !! Employees who are receiving retirement benefits

because of disability may be reguired at any time by OPM to provide a

current physician's report. Benefits will be discontinued if the

employee is found to be recovered.

**EffDte: OB/26/2002 MCRT#: 1224 Div: D3 Gav: SecCls:

18-2.11 Survivor Benefits - Death in Service See 18-2.12.!

 l! If an employee dies while covered by CSRS after l8

months of civilian service, his or her spouse will receive an annuity,

provided they were married for at least nine months. This requirement

does not apply if the death was accidental or if there is a child of

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the marriage.

! Generally, the spouse will receive 55 percent of the

annuity earned by the creditable service and average salary. However,

if it produces a higher annuity, the spouse will receive a guaranteed

minimum which is 55 percent of the lesser of a! 40 percent of the

employee's "highthree" average salary, or b! the annuity obtained by

increasing the service by the time between the employee's death and

the date the employee would have reached age 60. The spouse loses the

survivor benefit if he/she remarries before the age of 55.

! !The survivor annuity for the spouse of an Agent who

at the time of death had served at least 20 years as a federal law

enforcement officer, but had not yet reached age 50, will be computed

as if the Agent had met the eligibility requirements for law

enforcement retirement. The formula for law enforcement retirement

given in MAOP, Part T, l82.4 will be used in computing the annuity,

resulting in a higher survivor annuity.!

|!!Unmarried children under age l8, or 22 if they are

fulltime students, will also receive an annuity if the employee dies

in service. A child incapable of selfsupport because of a disability

incurred before the age of 18 will receive an annuity indefinitely

unless the child becomes capable of selfsupport.

**EffDte: 05/30/1996 MCRT#: 550 Div: D3 Cav: SecCls:

18-2.12 Survivor Benefits - After Retirement See 18-3.12!.!

 l! If the employee is married at time of retirement, the

annuity will be reduced to provide the maximum survivor annuity.

Under CSRS, the maximum survivor annuity is 55 percent of the full

annuity. The reduction will be 2.5 percent of the first $3,600 of the

full annuity, plus l0 percent of the remaining annuity over $3,600.

For example, if the full annuity is $33,600, the first $3,600 is

reduced by 2.5 percent, or $90. The remaining $30,000 is reduced by

l0 percent, or $3,000. The total reduction is $3,090, and at the time

of the annuitant's death, the surviving spouse will receive 55 percent

of $33,600, or $18,480 per year. The reduction in the annuity ceases

if the spouse predeceases the employee.

! A retiring employee may elect less than a full

survivor annuity or no survivor annuity for his/her spouse. OPM will

honor this election only if the retiring employee provides his/her

spouse's notarized signed consent to the lower benefit.

! If the employee was divorced after 5/6/85, the former

spouse may receive, by court order, all or part of the survivor

annuity.

! An employee who is unmarried at the time of

retirement and later marries may elect a survivor annuity for his/her

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I spouse. However, the retiree's annuity must be retroactively reduced,

I as if the retiree had been married continuously since the date of

I retirement.

I ! A spouse or former spouse loses the survivor benefit

I if he/she remarries before the age of 55.

! An employee who is in good health at the time of

retirement may elect to provide a survivor annuity for a person who

has an "insurable interest" in the employee, such as a relative or a

current spouse who would not otherwise get a survivor annuity because

of a court order awarding an annuity to a former spouse. To provide

this benefit, the annuity would be reduced lO to 40 percent,

depending on the difference in the employee's age and the age of the

person named. This reduction would be in addition to the reduction

for the regular survivor annuity.

! Benefits are also payable to unmarried dependent

children as stated under Section l82.ll.I I

I

**EffDte: O5/27/1993 MCRT#: 28 Div: D3 Gav: SecCls:

I I18-2.13 Leaving Bureau Service Prior to Eligibility

Employees who resign prior to being eligible for an

immediate CSRS annuity have two options. They may take a refund of

their retirement contributions or leave their contributions in the

fund and apply for a deferred annuity at the age of 62.I

**EffDte: O5/27/1993 MCRT#: 28 Div: D3 Cav: SecCls:

18-2.14 Alternative Form of Annuity AFA! See 18-3.14.!

I An employee, whoIat time of retirement suffers from a

I lifethreatening illness and is eligible for regular retirement,Imay

I elect to receive a lump sum payment egual to the total contributions

they have made to CSRS in addition to a monthly annuity. Under the

I AFA law, the monthly annuity is actuarially reduced by an amount which

depends on the retiree's age at retirement and the amount of his/her

contributions. Electing the AFA does not affect the potential

survivor annuity; however, the election requires the spouse's consent.

I IThe AFA is not an option for an employee who is applying for

I disability retirement or who has a courtawarded retirement benefit

I payable to a former spouse.I

**EffDte: O2/15/1994 MCRT#: 192 Div: D3 Cav: SecCls:

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18-2.15 Cost of Living Adjustment COLA! for Annuitants See 18-3.15 and 18-

52!.!

18-2.17 Beneficiary Designation See 18-3.17 and Part I, 20-17 through 20 17 5 !

An employee who retires under CSRS receives a COLA

effective December 1st of each year after retirement. The COLA is

equal to the percentage increase in the Consumer Price Index for the

preceding Fiscal Year. The first COLA after retirement will be

prorated depending on the number of months since the retirement. For

example, if the employee retires on 4/30/92, he/she will receive only

7/12 of the first year's COLA because the employee was retired for

only seven months prior to the effective date of the COLAJ The

individual would receive the full COLA each year thereafter.92

**EffDte: O5/27/1993 MCRT#: 28 Div: D3 Cav: SecCls:

18-2.16 CSRS Offset

An employee who resigns with at least five years of

Federal civilian service under CSRS and reinstates after a break in

service of more than one year will be placed in a retirement category

referred to as CSRS Offset. CSRS Offset employees are covered by CSRS

and Social Security at the same time. The eligibility requirements

and the benefits are the same as if they were covered by CSRS alone.

When a CSRS Offset employee becomes eligible for Social Security

benefits usually at age 62!, the CSRS annuity will be reduced by the

amount of the Social Security benefit attributable to his/her Federal

civilian service covered simultaneously by both CSRS and Social

Security.92

**EffDte: O5/27/1993 MCRT#: 28 Div: D3 Cav: SecCls:

! An employee may designate a beneficiary to receive a

lump sum refund of the employee's CSRS contributions in case of the

employee's death, provided no survivor is eligible for an annuity. A

designation should only be made if the employee does not wish the

payment to be made in the legal order of precedence, which is:

 a! To the widow or widower.

 b! If the widow er! is deceased, to the children,

with the share of a deceased child distributed among the decedents of

that child.

 c! If none of the above, to the parents in equal

shares.

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