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OMB Control No: 1240-0017	ICR Reference No: 201301-1240-002
Status: Historical Active	Previous ICR Reference No: 201204-1240-001
Agency/Subagency: DOL/OWCP	Agency Tracking No:
Title: Death Gratuity
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/19/2013
Retrieve Notice of Action (NOA)	Date Received in OIRA: 06/18/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2016	36 Months From Approved	08/31/2013
Responses	272	0	2,635
Time Burden (Hours)	70	0	659
Cost Burden (Dollars)	5	0	12

Abstract: The National Defense Authorization Act for Fiscal Year 2008, Public Law 110-181, was enacted on January 28, 2008. Section 1105 of P.L. 110-181 amended the Federal Employees' Compensation Act (FECA) creating a new section, 5 U.S.C. § 8102a effective upon enactment. This section establishes a FECA death gratuity benefit of up to $100,000 for eligible beneficiaries of federal employees and Non-Appropriated Fund Instrumentality (NAFI) employees who die from injuries incurred in connection with service with an Armed Force in a contingency operation. 5 U.S.C.§ 8102a also permits agencies to authorize retroactive payment of the death gratuity for employees who died on or after October 7, 2001 in service with an Armed Force in the theater of operations of Operation Enduring Freedom and Operation Iraqi Freedom. 5 U.S.C. § 8102a also allows federal employees to vary the order of precedence of beneficiaries or to name alternate beneficiaries Form CA-40 is an optional form that requests the information necessary from the employee to accomplish this variance and to name alternate beneficiaries only if the employee wishes to do so. Form CA-41 provides the means for those named beneficiaries and possible recipients to file claims for those benefits and requests information from such claimants so that OWCP may determine their eligibility for payment. Further, the statute and regulations require agencies to notify OWCP immediately upon the death of a covered employee. CA-42 provides the means to accomplish this notification and requests information necessary to administer any claim for benefits resulting from such a death.

Authorizing Statute(s): US Code: 5 USC 8102a Name of Law: Amendment to the FECA, Death Gratuity
   PL: Pub.L. 110 - 181 1105 Name of Law: National Defense Authorization Act for Fiscal Year 2008
   PL: Pub.L. 112 - 81 1121 Name of Law: National Defense Authorization Act for Fiscal Year 2012

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 11683	02/19/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 36596	06/18/2013
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	272	2,635	-2,363
Annual Time Burden (Hours)	70	659	-589
Annual Cost Burden (Dollars)	5	12	-7

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The number of claims received for death gratuity varies from year to year. For example, only 2 death gratuity claims were received in 2012. We have noted that the number submitted tends to reflect the intensity level of conflicts involving contingency operations this has so far been operations related to Iraq and Afghanistan. As these operations wind down, the number of claims may decrease. Furthermore, as the CA-40 is an optional form, used only when an employee wishes to vary the order or preference or designate an alternate beneficiary for payment, not all employees choose to fill out this form prior to deployment or may choose to rely on a designation from an earlier deployment, so the number of people filling out this form varies greatly year to year. Therefore, the previous approved number of annual respondents 2635 is now 272, which represents a decrease in 2363 respondents. The previously approved number for burden hours was 659; the requested number now is 70, a decrease of 589. Likewise, the costs burden for maintenance and reporting costs (postage and envelope) decreased from $12.00 to $5.00, a difference of $7.00. In reference to revisions to the forms themselves, one line was added in the instructions to the CA-40 and CA-41 to clarify the usage of forms CA-40 and CA-41. Also, a minor change in the instructions for the CA-42 was made to correct a reference to a page number. Finally, an accommodation statement was placed after the Public Burden Statements in forms CA-41 and CA-42 to inform claimants who have mental or physical limitations to contact DFEC for if further assistance is needed in the claims process. This statement was previously added to the CA-40 when it was revised last year.

Annual Cost to Federal Government: $602

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Marcus Sharpless 202 693-0998 sharpless.marcus@dol.gov

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