Hometown Citizens - Homeland Heroes FECA and FTCA For You! 2010 Capt Brian Fischenich, USAF Capt Brian Fischenich, USAF Legal Advisor to CAP-USAF and Col Rafael A Robles, CAP General Counsel

Hometown Citizens - Homeland Heroes Disclaimer The information in this presentation has been prepared by Civil Air Patrol- United States Air Force Legal Advisor office for informational purposes only and is not legal advice or counsel. The views and interpretations are of the author only; they DO NOT represent the views, and/or the interpretations of the Air Force, the Department of Labor, and/or any other federal entity. The information is not provided in the course of an attorney- client relationship and is not intended to constitute legal advice or to substitute for obtaining legal advice from a licensed attorney. The information contained herein may or may not reflect the most current legal developments, and every case is fact dependent. No one should act upon any information in this document without seeking independent professional legal counsel. Lastly, the Department of Labor web-page ( is a good source of additional information in this area. 2

Hometown Citizens - Homeland Heroes 3 Overview -The Federal Employees Compensation Act (FECA) -Conditions of Coverage -Entitlements--$ -Related Benefits

Hometown Citizens - Homeland Heroes Overview (cont.) -The Federal Tort Claims Act (FTCA) -History - An example / Coverage for Air Force Assigned Missions -When denied -Rumors… 4

Hometown Citizens - Homeland Heroes The Federal Employees Compensation Act What is the Federal Employees Compensation Act? 5

Hometown Citizens - Homeland Heroes Conditions of Coverage -CAP Member 18 years of age -Performance of Duty to the United States -Includes Travel to and From an AFAM -Errands / Lunch -Multiple Trips back and forth to an AFAM -Documentation of CAP membership and “Performance of Duty” -Notice to Air Force of injury, or death, required within 30 days of occurrence, and claim filed within 3 years -Causation 6

Hometown Citizens - Homeland Heroes Conditions of Coverage CAP Member 18 years of age or older 7

Hometown Citizens - Homeland Heroes Conditions of Coverage -Performance of Duty to the United States -Includes travel to and from an AFAM 8

Hometown Citizens - Homeland Heroes Conditions of Coverage -Performance of Duty to the United States -Errand (e.g. gas) / Lunch 9

Hometown Citizens - Homeland Heroes Conditions of Coverage -Performance of Duty to the United States -Multiple trips back and forth to an AFAM 10

Hometown Citizens - Homeland Heroes Conditions of Coverage, something to consider… -Important Documentation: -CAP Membership; and -In “Performance of Duty to the United states” 11

Hometown Citizens - Homeland Heroes Conditions of Coverage -“Notice” to Air Force of injury, or death, required within 30 days of occurrence -Claim for compensation must be filed within 3 years of injury or death must be filed 12

Hometown Citizens - Homeland Heroes Note… -CAP Members get more coverage than a “regular Federal Employee” 13

Hometown Citizens - Homeland Heroes Conditions of Coverage Causation -“causal relationship” between the injury/death and “the AFAM activity” 14

Hometown Citizens - Homeland Heroes So all of this would be for nothing if… …the injury or death of the CAP volunteer is: (a) Caused by his or her willful misconduct; (b) Caused by the volunteer's intention to bring about his or her death [suicide] or that of another; or (c) If intoxication (by alcohol or drugs) is the proximate cause of the injury or death 15

Hometown Citizens - Homeland Heroes $ -The pay rate for compensation purposes is deemed to be the rate of basic pay for a GS-9, step 1. -The pay rate for compensation purposes is deemed to be the rate of basic pay for a GS-9, step 1. 16

Hometown Citizens - Homeland Heroes $ Entitlements for death of a CAP Member performing an AFAM- GENERALLY SPEAKING -Widow/Widower 50% -Widow/Widower 45%, and Children plus 15% for each child, up to a total of 75% maximum -Child 40% -More than 1 child, then add15% for each additional child, up to a total maximum of 75% 17

Hometown Citizens - Homeland Heroes Related Benefit -Public Safety Officers’ Death Benefits: Payment of death benefits-Amount; recipients. In any case in which the Bureau of Justice Assistance (hereinafter in this part referred to as the "Bureau") determines, under regulations issued pursuant to this part that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, the Bureau shall pay a benefit of $ 250,000 […] to 42 USC 3796 (a). 18

Hometown Citizens - Homeland Heroes Related Benefit -Funeral expenses; transportation of body -If death results from an injury sustained in the performance of duty, the United States shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $800, in the discretion of the Secretary of Labor 5 USC 8134 (a). 19

Hometown Citizens - Homeland Heroes FECA is a Sole Remedy - FECA benefits are the sole remedy for CAP volunteers against the United States for work-related injury or death while in active service (conducting an AFAM). A CAP volunteer or his or her dependents cannot sue the United States for work-related injury or death under any other statute. 20

Hometown Citizens - Homeland Heroes What about CAP Members under 18? Again there is no FECA Coverage for CAP members under 18….however: Again there is no FECA Coverage for CAP members under 18….however: -The CAP has a self-insured program -Medical Expenses - $8,000, less a $50 deductible per claim -Accidental Death - $10,000 21

Hometown Citizens - Homeland Heroes Federal Tort Claims Act (FTCA) -Federal Tort Claims Act (FTCA) -History - An example / Coverage for Air Force Assigned Missions -When denied 22

Hometown Citizens - Homeland Heroes FTCA History 23

Hometown Citizens - Homeland Heroes FTCA An Example Coverage for Air Force Assigned Missions 24

Hometown Citizens - Homeland Heroes FTCA When denied… 25

Hometown Citizens - Homeland Heroes Rumor 1 -Rumor has it… -If a CAP member is not wearing a CAP Uniform he/she is NOT entitled to FECA or FTCA benefits Not true! The key to FECA / FTCA Coverage is Air Force Assigned Mission Status 26

Hometown Citizens - Homeland Heroes Rumor 2 -Rumor has it… -The FTCA provides protection / liability insurance for CAP Members personal property -Not true! 32 Code of Federal Regulations (CFR) section says: Claims not payable. A claim is not payable if it: (a) Is for use or depreciation of privately owned property, operated by CAP or its members on an Air Force noncombat mission, or other specified Air Force authorized mission. 27

Hometown Citizens - Homeland Heroes Rumor 3 -Rumor has it… -Because the Code of Federal Regulations does NOT provide CAP members insurance coverage for their personal planes [this is true…we just looked at 32 CFR section ], insurance companies will NOT insure CAP Members personal planes IF and/or WHILE when performing Air Force Assigned missions Not true! The major insurance companies for personal aircraft were contacted by the CAP-USAF/CC in 2008 and they do provide insurance coverage to CAP Members who use their planes on Air Force Assigned missions. 28

Hometown Citizens - Homeland Heroes In Summary -The Federal Employees Compensation Act (FECA) -Conditions of Coverage -Entitlements--$ -Related Benefits -The Federal Tort Claims Act (FTCA) -History - An example / Coverage for Air Force Assigned Missions -When denied -Rumors… 29

Hometown Citizens - Homeland Heroes 30 Questions?