• Monies due to the employee at the time of death (final paycheck, annual leave, travel expenses, and reimbursements)

• Payment to designated beneficiary (SF-1152) or by order of precedence (5 USC 5582)

5 USC 5581

5 CFR 550, Subpart L

• Payment of an employee’s TSP account balance to designated beneficiary (TSP-3) or by order of precedence (5 USC 8424(d))

• When the employee’s spouse is a beneficiary, they can keep the funds in a separate TSP beneficiary account. Other beneficiaries must withdrawal the TSP funds.

• TSP is managed by the Federal Retirement Thrift Investment Board (FRTIB)

5 CFR Part 1651

TSP Booklet 31, Death Benefits

Federal Employees Retirement System (FERS) Basic Employee Death Benefit (BEDB)

(95% of the DHS workforce is covered by FERS. There is no CSRS benefit equivalent to BEDB.)

• BEDB payment to surviving spouse: 50% of the employee's final annual pay (or average pay if higher), plus $34,542.01 (2020 rate)

• Employee must have been covered by FERS and have at least 18 months of civilian service

• Surviving spouse must have been married to the employee for at least 9 months; a child was born of the marriage; or the employee’s death was accidental.

• Former spouse may be eligible to receive all or part of the BEDB, if married to the employee for at least 9 months and entitled to survivor benefits by a court order (judgement approved by the court incident to the employee’s divorce, annulment, or separation)

• Payment options: single payment, 36 installments, or roll-over into an Individual Retirement Arrangement (IRA)

5 USC 8442

5 CFR 843, Subpart C

FERS Surviving Spouse Annuity

(95% of the DHS is covered by FERS. CSRS has similar spousal benefits.)

• Monthly annuity to surviving spouse: 50% of the annuity the employee would have received if he/she had retired • Employee must have been covered by FERS and have at least 18 months of civilian service and at least 10 years of total creditable service (i.e., civilian and military service)

• Current spouse eligibility -- married to the employee for at least 9 months; a child was born of the marriage; or the death was accidental.

• Former spouse eligibility – married to the employee for at least 9 months and payment required by a court order (judgement approved by the court incident to the employee’s divorce, annulment, or separation)

• When no survivors are eligible for an annuity, OPM will pay a refund to the beneficiary

5 USC, Chapter 84, Subchapter IV

5 CFR 843, Subpart C

• Employee must have at least 18 months of creditable civilian service

• Eligible children must be unmarried, under age 18; under age 22 if a full- time student; or disabled before age 18.

• $545 per month per child ($1,637 family maximum) when the child has a living parent who was married to the employee (2020 rates)

• $655 per month per child ($1,965 family maximum) when the child has no living parent who was married to the employee

Notes:

• Under FERS (and CSRS Offset), the total benefits payable to all children will be reduced by the total Social Security benefits payable to all children.

• Survivors must choose between OWCP death compensation benefits survivor benefits from OPM. If they elect workers' compensation death benefits, they may also elect to receive a lump sum of the employee's retirement contributions plus interest. If OWCP is elected, no survivor annuity benefit would be payable.

5 USC, Chapter 84, Subchapter IV

5 USC 8443

5 CFR 843, Subpart D

• Payment of FERS retirement contributions when an employee dies, and no one is eligible for a continuing annuity.

• Payment to designated beneficiary (SF-3102) or by order of precedence

5 USC 8424

5 CFR 843, Subpart B

Life insurance benefits are paid to:

• Designated Beneficiary (SF-2823), or

• Payment by Order of precedence

• Family members may convert Option C coverage (and name beneficiaries of their choice). Option C coverage applies to the employee’s spouse, disabled children and children under age 22.

5 USC 8704

5 USC 8705

5 CFR 870, Subpart H

• Health insurance enrollment (with continued government contribution) is tied to eligibility for retirement benefits.

• When the employee has a Self and Family FEHB enrollment or a Self Plus One FEHB enrollment, the following family members are eligible to continue FEHB coverage:

o Surviving spouse who was covered by the FEHB enrollment and is eligible for an annuity or the FERS Basic Employee Death Benefit (see above)

o Children who were covered by the FEHB enrollment and are eligible for a survivor annuity

• See Temporary Continuation of Coverage (TCC) (below) when the family members covered by the FEHB enrollment are not eligible for continued coverage.

5 U.S.C. 8905(b)(2)

5 CFR 890.303(c)

• When the employee has a Self and Family FEHB enrollment or a Self Plus One FEHB enrollment, but the family members are not eligible to continue FEHB coverage as survivor annuitants (see above), the family members will be eligible to:

o Continue FEHB coverage free for 31-days

o Convert to a non-FEHB plan with the current carrier,

o Elect TCC coverage (paying 102% of the premiums) for up to 36 months.

• These options would apply to:

o Surviving spouses who are not eligible for the Basic Employee Death Benefit or an annuity (generally those spouses who were married to the employee for less than 9 months and no child was born of the marriage)

o Children who have reached age 18 (if not in school or disabled) and children who have reached age 22. (Note: when an employee is living, adult children can be covered under the FEHB enrollment up to age 26. However, when the employee dies, the eligibility to continue the FEHB enrollment is tied to the child’s entitlement to a survivor annuity from OPM.)

5 U.S.C. 8905a

5 CFR 890.401

5 CFR 890, Subpart K

• Continued eligibility for FEDVIP insurance is tied to eligibility for retirement benefits

• The following family members are eligible to enroll in FEDVIP if they are receiving a survivor annuity under FERS:

o Unmarried surviving spouse (the enrollment can include the employee's other eligible family members)

o Unmarried children under age 22

o Unmarried children (any age) who are determined disabled and incapable of self-support.; unmarried children who are eligible for a survivor annuity (unmarried under age 22

5 USC 8956

5 USC 8986

5 CFR 894, Subpart G

• If the FSAFEDS participant passes away before the end of the benefit period, the surviving spouse, dependent(s), or estate may submit claims or receive payment for eligible expenses incurred through the account holder's date of death. Expenses incurred after the date of death are not eligible for reimbursement.

• The FSAFEDS Death Notification should be submitted by the executor/executrix or administrator of the estate who has assumed responsibility for closing the employee’s estate.

• Death benefits to dependents of employees who die from job-related illness or injury

• Monthly payment (up to 75% of employee’s pay rate) for the employee’s spouse and children. Family size/relationship(s) impact monthly rate.

• Surviving spouse and children must choose between OWCP death compensation benefits and retirement benefits from OPM (CSRS/FERS).

• Monthly payments available to dependent parents, siblings, grandparents and grandchildren (if no spouse/children) (Rate 10%-40%)

• Funeral and burial costs ($800 under 5 U.S.C. 8134(a)); $200 under 5 U.S.C. 8133(f); and Transportation expenses when death occurs away from the employee’s home/official station.

5 USC 8101

5 USC 8102

CA-810 (OWCP Handbook)

• $10,000 to the employee’s personal representative, executor or administrator of the employee's estate under State law when the employee’s death resulted from an injury sustained in the line of duty on or after August 2, 1990. The term “injury” includes a disease proximately caused by the employment.

• Payment is offset by other OWCP payments (normally Component pays $9,000 and OWCP pays $1,000 (5 U.S.C. 8134(a)); 5 U.S.C. 8133(f)) and Section 312, Pub. L. 103-332 (burial allowance, codified as a note to 5 U.S.C. 8134).

OPM BAL 97-104

OPM BAL 96-109

P.L. 104-208  (codified in 5 U.S.C. 8133, note)

• Eligibility limited to law enforcement officers, firefighters, and other first responders whose deaths were the direct and proximate result of an injury sustained in the line of duty. Under specific circumstances outlined in the law, a heart attack, stroke, or vascular rupture suffered by a public safety officer may meet the criteria of a personal injury under the PSOB program.

• $365,670 payment to eligible survivors (rate on/after 10/1/2019)

• $1,248 monthly higher education support for eligible spouse/children (rate on/after 10/1/2019)

34 USC, Subtitle I, Chapter 101, Subchapter XI

34 CFR Part 38

• U.S. flag provided to an eligible family member when the employee dies of injuries incurred in connection with their employment with the Federal Government, suffered as a result of a criminal act, an act of terrorism, a natural disaster, or other circumstance as determined by the President (NOA 354 used for personnel action)

• Eligibility for the flag benefit qualifies the employee for recognition on the OPM Wall of Honor memorial

• NOTE: The criteria for the Flag Recognition Benefit is limited to very specific circumstances; however, Component Heads (and designees) are authorized to acquire and present a U.S. flag during ceremonies to commemorate distinguished service to DHS under Directive 123-04, Section V.K.

5 Chapter 550 Subpart O

Directive 253-05

• Employee’s death must be a result of injuries sustained in the performance of duty abroad while subject to the authority of the chief of mission (Foreign Service Act of 1980 (FSA), Section 207)

• Death Gratuity: One year’s salary up to $197,300 (2020 rate, Executive Schedule Level II (5 USC 5313) (FSA Section 407)

• When the employee’s death results from injuries sustained as a result of terrorism, (as determination by the Department of State under 22 U.S.C. 2656f(d)):

o Life Insurance Supplement $400,000 (FSA Section 415)

o Educational assistance for up to 48 months of full-time education (FSA Section 416)

DHS Component

(Department of State determines terrorism-related deaths)

• $100,000 (reduced/offset by any other federally-provided death gratuity)

• Employee must have died of injuries incurred in connection with the employee's service with an Armed Force in a contingency operation

• Designation of beneficiary form CA-40