as they are incorporated in this subchapter, all references to the Longshoremen's endorsement shall be construed as having reference to the nonappropriated fund instrumentality. § 92.4 Report by carrier of issuance of policy or endorsement; form. (a) A carrier which has executed the agreement provided for in § 92.6 shall report to the deputy commissioner assigned to a compensation district each policy and endorsement issued by it to a nonappropriated fund instrumentality which carries on operations in such compensation district. The report shall be made upon a printed card to be provided by such carrier. Such card shall be 50 percent rag, salmon pink, lightweight, 3 x 5 inches. The printing thereon shall be as follows: Nonappropriated fund instrumentality Address Policy No. Dates of beginning and expiration Report is made of the issue of approved form of policy and endorsement under the Longshoremen's and Harbor Workers' Compensation Act, as amended and as extended by the act of July 18, 1958 (72 Stat. 397, 5 U. S. C. 150k-1) to employees of nonappropriated fund instrumentalities of the United States under the jurisdiction of the Armed Forces. By Cancellation (Name of insurance carrier) (Effective date) (Date notice received by deputy) This card shall be sent to the Deputy Commissioner of the Bureau of Employees' Compensation, U. S. Department of Labor, for the compensation district indicated by the address of the employing instrumentality. (b) Each such carrier will print its name at the place indicated. The note at the bottom designating the place to which the card shall be sent should be in small type, about 6 point, and if desired this note may be printed on the reverse side of the card. The spaces below the line for the employer's name and the line for his address should each be sufficient to permit two additional lines of typewriting. The term "nonappropriated fund instrumentality" should be about 3/4 inch from the top of the card. The line for cancellation date will be filled in only by the office of the deputy commissioner. § 92.5 Report; by whom sent. The report of issuance of a policy and endorsement provided for in § 92.4 shall be sent by the home office of the carrier to the deputy commissioner at his headquarters, except that any carrier may authorize its agency or agencies in any compensation district to make such reports to the deputy commissioner, provided the carrier shall notify the deputy commissioner in such district of the agency or agencies so duly authorized. The deputy commissioner in turn shall supply to his sub-offices, if any, current lists showing the policies so reported, giving the names and addresses of the employers, with the names of their respective carriers, the policy numbers and the dates of beginning and expiration of the policies. Similar current lists of cancellation shall also be furnished to sub-offices. § 92.6 Agreement to be bound by card reports. (a) Except as provided in this section, each covered instrumentality shall present to the deputy commissioner in the compensation district in which it has operations, the policy covering its operations in such district, which it has procured in compliance with section 32 of the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1439; 33 U.S.C. 932) as extended by the act of July 18, 1958 (72 Stat. 397; 5 U.S.C. 150k-1). Any carrier desiring to do so may make such presentation of such policy unnecessary in any particular case by transmitting to the Bureau an agreement signed by its president and secretary (or other authorized officers in cases of foreign or mutual companies or State funds), in the following form, and making reports accordingly, of the issuance of a policy in such particular case. The (insert name of insurance carrier) hereby agrees, in consideration of the acceptance by the Bureau of Employees' Compensation, Department of Labor and its deputy commissioners of reports of issue of approved form of policy and endorsement under the Longshoremen's and Harbor Workers' Compensation Act as amended and as extended to employers of nonappropriated fund instrumentalities by the act of July 18, 1958 (72 Stat. 397; 5 U. S. C. 150k-1) in the form prescribed by the Bureau in § 92.4 of its regulations, that it will be liable and hereby accepts the full liability expressed in the approved form of endorsement, under said laws in all cases in which it has heretofore and may hereafter use the prescribed form of report to deputy commissioners and transmit the same to the proper deputy commissioner; the sending of such report of issue of policy to the deputy commissioner shall be accepted by the Bureau and its deputy commissioners as conclusive evidence (1) of the issuance of a policy to the employer, named in such report, in approved form and having attached an approved form of endorsement under applicable regulations of the Bureau and (2) of the effectiveness of such policy during the period as stated in such report; and it further agrees that such liability shall not be terminated prior to the expiration of the policy, except in case of cancellation, and then at the time in the manner which is prescribed in the Longshoremen's and Harbor Workers' Compensation Act, in the regulations of said Bureau, and in the endorsement referred to. (b) An insurance carrier desiring to withdraw from such agreement may do so upon giving thirty days notice to the Bureau by registered mail. § 92.7 Name of one employer only shall be reported on one card. (a) A separate report of the issuance of a policy and endorsement, provided for by § 92.4, shall be made for each employer covered by a policy. If a policy is issued insuring more than one employer, a separate card report for each employer so covered shall be sent to the deputy commissioner concerned, with the name of only one employer on each such report. Unless a card report is received by the deputy commissioner for a compensation district, the deputy commissioner shall regard an employer as an uninsured employer in the particular compensation district (except in cases where such employer is a duly authorized self-insurer, or the employer himself has presented a policy for inspection by the deputy commissioner). (b) Where a nonappropriated fund instrumentality has operations in more than one compensation district the report by the carrier should be sent to each compensation district established in § 91.2 of this subchapter, in which such operations are carried on, so that the deputy commissioner for that compensation district may have a record of the coverage and may issue the certificate of compliance authorized under Part 94 of this subchapter. Unless a card report is received by the deputy commissioner for a compensation district in which the nonappropriated fund instrumentality is engaged in activities the deputy commissioner shall regard the instrumentality as uninsured until proper report of the issuance of an insurance policy has been made to him. § 93.1 Authorization of self-insurers. The provisions of the regulations in Part 33, Subchapter C of this chapter, shall govern the authorization of the self-insurance privilege under the Longshoremen's Act as made applicable to non-appropriated fund instrumentalities by the act of July 18, 1958 (72 Stat. 397, 5 U.S.C. 150k-1). Applications will be considered if submitted through the head of the military department concerned, or his delegate, and with his approval. § 93.2 Reports required. (a) At such time as the Bureau of Employees' Compensation may require or prescribe, the self-insurer shall submit such of the following reports as may be requested: (1) Statement of assets and liabilities, or balance sheet. (2) Statement showing by classification, the payroll of the employees of the self-insured subject to the said act of July 18, 1958, with respect to whom the securing of compensation is accomplished by self-insurance. (3) Statement showing payments of compensation of current cases during any specified quarter, with an indication of the nature of the injury or death in each case. (4) Statement by compensation district of outstanding injury and death cases during such period as may be called for, together with the particulars of each case. (5) Details of coverage as to any stoploss or excess-loss insurance in effect in respect to obligations under said Act. (b) Any statement requested under the provisions of this section will be accepted if submitted by the head of the military department concerned or by his delegate authorized to submit such statement. PART 94-ISSUANCE OF CERTIFICATES OF COMPLIANCE Sec. 94.1 Issue of certificate of compliance. 94.2 Return of certificate of compliance. AUTHORITY: The provisions of this Part 94 issued under sec. 39, 44 Stat. 1442, as amended, 72 Stat. 397; 33 U.S.C. 939, 5 U.S.C. 8171, 8172, 8173. SOURCE: The provisions of this Part 94 appear at 23 FR. 8962, Nov. 18, 1958, unless otherwise noted. § 94.1 Issue of certificate of compliance. (a) Every nonappropriated fund instrumentality which has secured the payment of compensation by obtaining a policy of insurance under section 32 of the Longshoremen's Act (44 Stat. 1426; 33 U.S.C. 901) and by Part 92 of this subchapter will receive from the deputy commissioner in the compensation district in which the instrumentality has operations (or for the jurisdiction area of such compensation district) and to whom such insurance has been reported as provided by these regulations, a certificate that such nonappropriated fund instrumentality has secured the payment of such compensation. Only one certificate will be issued to the insured instrumentality in a compensation district, and it will be valid only during the period for which compensation has been secured by the insured. An instrumentality so desiring may have photostatic copies (or other facsimile copies) of such a certificate made for use in different places within the compensation district or jurisdictional area thereof. A certificate of compliance will be issued by the deputy commissioner for his district (1) upon receipt by him and his acceptance of a card report of issuance of a policy of insurance to the instrumentality as provided by § 92.4 of this subchapter, by an authorized insurance carrier which has filed an agreement to be bound by a card report in conformity with § 92.6 of this subchapter, or (2) upon presentation to the deputy commissioner by the authorized administrative officer of the instrumentality (and not by an insurance carrier, insurance agency, or broker) of the applicable policy of insurance then in force, and endorsement thereon, issued to the instruinentality in con formity with Part 92 of this subchapter by an authorized insurance carrier which has not filed the agreement provided for by § 92.6 of this subchapter. (b) Each instrumentality granted the privilege of self-insurance as provided by section 32 of the Longshoremen's Act and by Part 93 of this subchapter will receive from the deputy commissioner a certificate that it has complied with the said law with respect to the securing of the payment of compensation. Only one such certificate will be issued to the instrumentality by a deputy commissioner in a compensation district and it will be valid only during the period stated in such certificate. An instrumentality so desiring may have photostatic copies (or other facsimile copies) of such certificates made for use in different places within a compensation district or jurisdictional area thereof. (c) Two forms of the certificate of compliance have been provided for by the Bureau of Employees' Compensation: (1) The form used where the instrumentality has obtained insurance generally under the regulations in this subchapter, and (2) the form used where the instrumentality has been authorized to secure compensation as a self-insurer. § 94.2 Return of certificate of com. pliance. Upon the termination by expiration, cancellation or otherwise, of a policy of insurance issued under the provisions of the Longshoremen's Act and the regulations in this subchapter, or the revocation or termination of the privilege of self-insurance, all certificates of compliance issued on the basis of such insurance or self-insurance shall be void and unless the period shall have expired for which issued, shall be returned by the instrumentality to the deputy commissioner issuing them, with a statement of the reason for such return. An instrumentality currently holding a certificate of compliance under an insurance policy which has expired, pending the renewal of such insurance, need not return such certificate of compliance if such expired insurance is promptly replaced, but where the insurance or self-insurance is not renewed or replaced, the certificate of compliance should be returned, |