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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev. 07/04
BENEFITS AVAILABLE TO
FEDERAL LAW ENFORCEMENT OFFICERS
SURVIVOR BENEFITS
OFFICE OF PERSONNEL MANAGEMENT
(Formerly called U.S. Civil Service Commission)
For reports of births, deaths, or marriages of U.S. citizens overseas, contact the U.S.
Department of State, K Street NW, Room 386, Washington, DC 20524, phone (202) 326-
6183.
FEDERAL EMPLOYEES' COMPENSATION ACT (FECA)
The FECA is administered by the Office of Workers' Compensation Programs (OWCP),
U.S. Department of Labor, through district offices located throughout the United States.
Each employing agency should have the address of the district office which serves its
geographic area. All injuries, including disease proximately caused by employment, sustained
while in the performance of duty by civilian employees of the United States, except for nonappropriated
fund employees, are covered.20 CFR 10.3 06 The maximum family benefit is
75% of salary at time of death, including locality and availability pay. The benefit is tax-free.
Eligibility for death benefits and death benefit rates.
1. If there is no child entitled to compensation, the employee's surviving spouse shall
receive compensation equal to 50 percent of the employee's pay until death or
remarriage before reaching 55 years of age. Upon remarriage, the surviving
spouse will be paid a lump sum equal to 24 times the monthly compensation
payment (excluding compensation payable on account of another individual) to
which the surviving spouse was entitled immediately before the remarriage. If
remarriage occurs at age 55 or older, the lump sum payment will not be paid;
compensation shall continue until death.
2. If there is a child entitled to compensation, the compensation for the surviving
spouse equals 45 percent of the employee's pay plus 15 percent for each child,
but the total percentage may not exceed 75 percent. This benefit will cease when
the child reaches age 18, or age 22 if enrolled as a full-time student.
3. If there is a child entitled to compensation and no surviving spouse, compensation
for one child equals 40 percent of the employee's pay. Fifteen percent will be
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awarded for each additional child, not to exceed 75 percent, the total amount to be
shared equally among all children.
4. Parents, brothers, sisters, grandparents and grandchildren dependent upon the
deceased employee at the time of death may be entitled to compensation as
provided by 5 U.S.C. 8133.
5. A child, brother, sister or grandchild may be entitled to receive death benefits until
death, marriage, or the attainment of age 18. Regarding entitlement after reaching
age 18, refer to 10.127 of this part.
20 CFR 10.307 Burial and transportation benefits.
In the case of an employment related death of an employee a sum, not to exceed $10,000, may
be paid for funeral and burial expenses.
20 CFR 10.125 Termination of right to compensation for death. When a beneficiary who
is receiving compensation on account of death ceases to be entitled to such compensation, by
reason of remarrying before age 55, marrying, reaching the age of 18, ceasing to be dependent,
or ceasing to be a student, or becoming capable of self-support, the beneficiary or someone in
his or her behalf shall immediately notify the Office of such fact.
20 CFR 10.126 Claims for continuing compensation for death. A beneficiary to whom an
award of compensation has been made on account of an employee's death shall submit
additional claims for continuing compensation to the Office once each year, or when
required by the Office. Form CA-12 is provided by the Office for this purpose and will be sent
to the beneficiary when an additional claim is required.
20 CFR 10.126 Change in status of beneficiaries affecting compensation for death. When
two or more beneficiaries are receiving compensation on account of the death of an employee
and any e vent occurs which may require a reapportionment of the amount of compensation
payable to one or more of them, the Office must be promptly notified.
20 CFR 10.127 Continuation of death compensation for a child, brother, sister or
grandchild who has reached the age of 18. Compensation payable on behalf of a child,
brother, sister, or grandchild under 5 U.S.C. 8133, which would otherwise be terminated
because such individual has reached 18 years of age, shall be continued if and for so long as
he or she is not married and is physically or mentally incapable of self-support, or if he or
she is a student.
All contributions made by the deceased into the Civil Service Retirement System or
Federal Employees Retirement System are refunded to the survivor.
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If the deceased contributed to the Thrift Savings Plan, the surviving spouse can either
have the balance paid directly to him/her or transfer the balance to an individual IRA. If
the balance is paid out, there is no early withdrawal penalty.
The following is taken from The Social Security Book - What Every Woman Absolutely Needs
to Know, published by the American Association of Retired Persons.
The Windfall Reduction Provision (WRP) can reduce your Social Security retirement
or disability benefit based on your work under Social Security if you also have a
pension based on employment that is not covered by Social Security (i.e., Civil Service
retirement system, certain state and local pensions). The WRP, often referred to by the
Social Security Administration as the "modified formula", will never completely
eliminate your Social Security benefit, but it may result in a lower benefit. The
Government Pension Offset (GPO) will affect you if you have a non-covered pension
(i.e., Civil Service Retirement System, commonly referred to as the CSRS) based on
your own earnings and are eligible for a Social Security spouse's benefit or surviving
spouse's benefit. The GPO may reduce these benefits to two-thirds of the non-covered
government pension. In many cases, this reduction may completely eliminate the Social
Security spouse's or surviving spouse's benefit.
FEDERAL EMPLOYEES
GROUP LIFE INSURANCE PROGRAM
Federal employees may be enrolled in the Federal Employees Group Life Insurance plan,
SAMBA Group Term Life, or SATI Group Term Life. These policies have a double
indemnity feature - meaning double the face value for accidental death. A line-of-duty death is
considered an accidental death.
Additionally, SAMBA pays an additional death benefit of 50% and SATI pays an additional
death benefit of 40%.
Other accidental life benefits may be payable depending on the various life insurance plans the
deceased was enrolled in. For FBI Agents, this would include the Special Agents insurance
Fund ($30,000), the FBI Employee Benevolent Fund ($15,000) and the Charles S. Ross Fund
($14,000).
FEDERAL HEALTH BENEFITS PROGRAM
Many people who retire from the Federal Government continue their participation in one of the
plans available under the Federal Health Benefits Program. When an annuitant dies while
enrolled in a Self and Family Plan, his survivor annuitant (and any other family member
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eligible for continued coverage) will be able to continue enrollment. The survivor's share of
the cost of the plan will be deducted from the annuity check. If there is only one survivor
annuitant and no other family member is eligible for continued coverage, the enrollment will be
changed automatically to Self Only with a corresponding reduction in cost. The Office of
Personnel Management has the responsibility of determining the Survivor Annuitant
status and advising of same. Until this notification is received, health insurance does
continue and health claims should be submitted to the appropriate plan. If a person is
receiving a survivor' s annuity as a spouse of a deceased employee or annuitant and such
annuity terminates because of remarriage, coverage and enrollment under the Federal
Employees Health Benefits will automatically end.
If for any reason a surviving spouse does not wish to continue the coverage under this program,
the OPM must be advised in writing. Once canceled, however, the coverage cannot be at any
time reinstated under the Federal Employees Health Benefits Program unless the spouse
becomes Federally employed.
Special Agents Mutual Benefit Association (SAMBA) is one of the plans under the Federal
Employees Health Benefits Program, and many individual members who retire from the FBI
are covered under SAMBA (see the following).
ROBERT D. MAY SCHOLARSHIP FUND
A scholarship of up to $10,000 is available to qualified dependents of federal law enforcement
officers killed or permanently disabled in the line of duty. The number available is dependent
upon the amount of interest generated from the principle of the May estate. The scholarship
may be used to pursue any academic higher education (as defined by the Department of Labor).
This program is administered by the FBI, with specific qualification and application
requirements. Applications are due in the spring for the following school year. Inquiries should
be directed to the FBI either by writing: FBI, Employee Benefits Unit, PA 570, 1001
Pennsylvania Avenue NW, Washington, D.C. 20535-0001, or by calling (202) 220-9027.
FEDERAL EMPLOYEE EDUCATION AND
ASSISTANCE FUND (FEEA)
The Federal Employee Education and Assistance Fund (FEEA) provides education,
scholarships, student loans, and emergency assistance no-interest loans to large numbers of
eligible federal and postal employees and their dependents. FEEA receives no government
funds. FEEA raises funds through the Combined Federal Campaign. Funds are returned to
each federal community based on a formula that reflects the amount donated by federal
employees in that area. FEEA also receives corporate contributions toward scholarships and
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emergency assistance. FEEA was founded in 1986 by the leaders of four federal employee
groups: National Treasury Employees Union, Senior Executives Association, National
Federation of Federal Employees, and the National Council of Social Security Management
Associations. They believe that FEEA works best if it is kept close to those it is intended to
assist, Thus, 26 regional and 63 city committees, composed of federal employee volunteers,
help deliver the services. The organization plans to provide a FEEA representative at every
federal duty station worldwide.
Emergency Assistance. Financial assistance under this program is based on hardship and
need. Medical emergencies, homelessness, utility shutoffs, eviction threats, natural disasters,
and the unexpected loss of a family member are just some of the situations in which help has
been provided to federal families.
Scholarships and Educational Loans. FEEA scholarships can range from $300 to $1,200 per
school year. Minimum requirements are at least three years of federal service and a 3.0 GPA on
a 4.0 scale. Applications are available March through May each year. FEEA student loans
include the government-backed Stafford, SLS, and PLUS loans as well as two privately backed
low-0interest loans with no income limitations and much higher lending limits than government
loan programs.
To apply for FEEA assistance call 1-800-323-4140 (or (303) 933-7580. For information
and application materials on scholarships and educational loans send a self-addressed,
stamped, business-size envelope to: FEEA, Suite 200, 8441 W. Bowles Avenue, Littleton,
CO 80123-3245.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller
