[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR10.18]



[Page 17-18]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 10_CLAIMS FOR COMPENSATION UNDER THE FEDERAL EMPLOYEES' COMPENSATION 

ACT, AS AMENDED--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  10.18  Can a beneficiary who is incarcerated based on a felony 

conviction still receive benefits?



    (a) Whenever a beneficiary is incarcerated in a State or Federal 

jail, prison, penal institution or other correctional facility due to a 

State or Federal felony conviction, he or she forfeits all rights to 

compensation benefits during the period of incarceration. A 

beneficiary's right to compensation benefits for the period of his or 

her incarceration is not restored after such incarceration ends, even 

though payment of compensation benefits may resume.

    (b) If the beneficiary has eligible dependents, OWCP will pay 

compensation



[[Page 18]]



to such dependents at a reduced rate during the period of his or her 

incarceration, by applying the percentages of 5 U.S.C. 8133(a)(1) 

through (5) to the beneficiary's gross current entitlement rather than 

to the beneficiary's monthly pay.

    (c) If OWCP's decision on entitlement is pending when the period of 

incarceration begins, and compensation is due for a period of time prior 

to such incarceration, payment for that period will only be made to the 

beneficiary following his or her release.