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as they are incorporated in this subchap- be sent by the home office of the carrier ter, all references to the Longshoremen's to the deputy commissioner at his headendorsement shall be construed as hav- quarters, except that any carrier may ing reference to the nonappropriated authorize its agency or agencies in any fund instrumentality.
compensation district to make such re$ 92.4 Report by carrier of issuance of
ports to the deputy commissioner, propolicy or endorsement; form.
vided the carrier shall notify the deputy
commissioner in such district of the (a) A carrier which has executed the
agency or agencies so duly authorized. agreement provided for in $ 92.6 shall
The deputy commissioner in turn shall report to the deputy commissioner as
supply to his sub-offices, if any, current signed to a compensation district each
lists showing the policies so reported, policy and endorsement issued by it to
giving the names and addresses of the a nonappropriated fund instrumental
employers, with the names of their reity which carries on operations in such
spective carriers, the policy numbers and compensation district. The report shall
the dates of beginning and expiration of be made upon a printed card to be pro
the policies. Similar current lists of vided by such carrier. Such card shall
cancellation shall also be furnished to be 50 percent rag, salmon pink, light
sub-offices. weight, 3 x 5 inches. The printing thereon shall be as follows:
$ 92.6 Agreement to be bound by card Nonappropriated fund instrumentality ----
------- (a) Except as provided in this secPolicy No. .
-------- tion, each covered instrumentality shall Dates of beginning and expiration --------
present to the deputy commissioner in Report is made of the issue of approved
the compensation district in which it form of policy and endorsement under the Longshoremen's and Harbor Workers' Com.
has operations, the policy covering its pensation Act, as amended and as extended operations in such district, which it has by the act of July 18, 1958 (72 Stat. 397, procured in compliance with section 32 5 U.S. C. 150k-1) to employees of nonappro of the Longshoremen's and Harbor priated fund instrumentalities of the United Workers' Compensation Act (44 Stat. States under the jurisdiction of the Armed
1439; 33 U.S.C. 932) as extended by the Forces.
act of July 18, 1958 (72 Stat. 397; 5 (Name of insurance carrier)
U.S.C. 150k-1). Any carrier desiring to
do so may make such presentation of B Cancellation -------
such policy unnecessary in any particu(Effective date)
lar case by transmitting to the Bureau
an agreement signed by its president (Date notice received by deputy)
and secretary (or other authorized ofThis card shall be sent to the Deputy
ficers in cases of foreign or mutual comCommissioner of the Bureau of Employees'
panies or State funds), in the following Compensation, U. S. Department of Labor,
form, and making reports accordingly, for the compensation district indicated by the address of the employing instrumentality.
of the issuance of a policy in such (b) Each such carrier will print its
particular case. name at the place indicated. The note The (insert name of insurance carrier) at the bottom designating the place to
hereby agrees, in consideration of the acwhich the card shall be sent should be in
ceptance by the Bureau of Employees' Com
pensation, Department of Labor and its small type, about 6 point, and if desired
deputy commissioners of reports of issue of this note may be printed on the reverse
approved form of policy and endorsement side of the card. The spaces below the under the Longshoremen's and Harbor line for the employer's name and the line Workers' Compensation Act as amended and for his address should each be sufficient as extended to employers of nonappropriated to permit two additional lines of type
fund instrumentalities by the act of July writing. The term "nonappropriated
18, 1958 (72 Stat. 397; 5 U. S. C. 150k-1) in fund instrumentality" should be about 34
the form prescribed by the Bureau in $ 92.4
of its regulations, that it will be liable inch from the top of the card. The line
and hereby accepts the full liability exfor cancellation date will be filled in only pressed in the approved form of endorseby the ofice of the deputy commissioner. ment, under said laws in all cases in which
it has heretofore and may hereafter use the $ 92.5 Report; by whom sent.
prescribed form of report to deputy comThe report of issuance of a policy and missioners and transmit the same to the endorsement provided for in $ 92.4 shall 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 & 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 18 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. 8 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 s 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
trict 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 instrumental ity as uninsured until proper report of the issuance of an insurance policy has been made to him.
PART 93—AUTHORIZATION OF
SELF-INSURERS Sec. 93.1 Authorization of self-insurers. 93.2 Reports required.
AUTHORITY: The provisions of this Part 93 issued under sec. 39, 44 Stat. 1442, as amended, 72 Stat. 397; 33 U.S.C. 150k-1, 83 U.S.C. 939.
SOURCE: The provisions of this Part 98 appear at 23 F.R. 8961, Nov. 18, 1958, unless otherwise noted. § 93.1 Authorization of self-insurers.
The provisions of the regulations in Part 33, Subchapter 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 state. ment.
PART 94—ISSUANCE OF CERTIFI
CATES OF COMPLIANCE Sec. 14.1 Issue of certificate of compliance. )4.2 Return of certificate of compliance.
AUTHORITY: The provisions of this Part 14 issued under sec. 39, 44 Stat. 1442, as amended, 72 Stat. 397; 33 U.S.C. 939, 5 U.S.C. B171, 8172, 8173.
SOURCE: The provisions of this Part 94 appear at 23 F.R. 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 certifi. cate 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 oficer 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,
CHAPTER FRAILROAD RETIREMENT BOARD
CROSS REFERENCES: Social Security Administration, Department of Health, Education, and
Welfare: See Chapter VII of this title; Rules of Procedure, National Railroad Adjustment Board: See 29 CFR, Chapter III.
SUBCHAPTER A-PROCEDURES AND FORMS
Procedures and forms.
SUBCHAPTER B-REGULATIONS UNDER THE RAILROAD RETIREMENT ACT
209 210 214 216 217 220
237 238 239 240 250