may refer to the fact that it has been so thorized.

92.3 Non-appropriated fund instru. mentality endorsement.

a) The following form of endorsetent applicable to the standard workmen's compensation and employer's lability policy shall be used with the krm of policy approved by the Bureau Employees' Compensation for use by authorized carrier.

For Attachment to Policy No. -----

1) The obligations of paragraph one (a) the Policy include the Longshoremen's and Harbor Workers' Compensation Act, being

blic Law No. 803 of the 69th Congress, aproved March 4, 1927, as extended to civilian ployees of the nonappropriated fund inmentalities of the United States under the jurisdiction of the Armed Forces by the of July 18, 1958 (72 Stat. 397, 5 U. S. C. 15-1), and all the laws amendatory thereof #supplementary thereto which may be or ecome effective while this policy is in force.

2 The Company will carry out the proMaons of section 35 of the Longshoremen's nd Harbor Workers' Compensation Act. lvency or bankruptcy of the employer or discharge therein shall not relieve Company from payment of compensaand other benefits lawfully due for disty or death sustained by an employee ng the life of the policy.

The Company agrees to abide by all e provisions of the Longshoremen's and Leber Workers' Compensation Act and all Selawful rules, regulations, orders and de

s of the Bureau of Employees' Compen, Department of Labor, and of the Deputy Commissioner having jurisdiction, ess and until set aside, modified or Persed by a court having jurisdiction over be parties and the cause of action.

4 This endorsement shall not be caned prior to the date specified in this Pay for its expiration until at least thirty s have elapsed after a notice of cancellac has been sent to the Bureau, to the Deputy Commissioner, and to the within azed employer.

5. All terms, conditions, requirements, obligations expressed in this policy or y other endorsement attached thereto ich are not inconsistent with or inapable to the provisions of this endorsement hereby made a part of this endorsement fully and completely as if wholly written berein.

$ References to the law of any State in ditions B and D of this policy are hereby ared to include for the purpose of this dorsement only, the provisions of the gshoremen's and Harbor Workers' ComEation Act, as amended, and of the said of July 18, 1958. 5 U. S. C. 150k-1.

(b) The following paragraphs may at the option of the insurer be included in the form of endorsement which is provided in paragraph (a) of this section. No other provision, alteration of any prescribed provision, or alteration of any optional provision shall be made or used in any such endorsement except after submission to the Bureau and receipt of its written approval thereof:

If the within employer is a contractor the subject of whose contract includes operations covered by this policy and he shall subcontract all or any part of such contract to one or more subcontractors, the remuneration of all the direct employees of such subcontractors shall be included in the return of remuneration under the provisions of this policy upon which premium is computed. Such remuneration so reported shall be considered the remuneration of employees of the within named employer and shall in all instances be governed by the same terms, conditions, requirements, and obligations of the policy as the remuneration of the direct employees of the within named employer. The requirements of this paragraph shall not apply as respects any such subcontractor who has secured compensation for his direct employees as required by the Longshoremen's and Harbor Workers' Compensation Act, but the within named employer shall not claim the benefit of this exemption unless and until he shall satisfy the Company by certificate or otherwise that any such subcontractor has legally secured the payment of compensation to his own direct employees and then only respecting any subcontractor who has furnished such proof.

If the premium as determined in accordance with the provisions of the policy is less than $300, there shall be added thereto an expense constant of $10, unless such addition shall increase the premium to an amount in excess of $300, in which event only such part of the expense constant shall be added as will bring the amount of the premium up to $300. Inclusion of the expense constant or any part thereof in the estimated advance premium is subject to final adjustment upon audit, all in accordance with the provisions hereof. The minimum premium of the policy includes the expense constant.

(c) In applying the regulations in Part 32, Subchapter C of this chapter insofar 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.

(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 re

ports to the deputy commissioner, pr vided the carrier shall notify the depu commissioner in such district of t agency or agencies so duly authorize The deputy commissioner in turn sh supply to his sub-offices, if any, curre lists showing the policies so report giving the names and addresses of t employers, with the names of their 1 spective carriers, the policy numbers a the dates of beginning and expiration the policies. Similar current lists cancellation shall also be furnished sub-offices.

§ 92.6 Agreement to be bound by ca

reports.

(a) Except as provided in this s tion, each covered instrumentality sh present to the deputy commissioner the compensation district in which has operations, the policy covering operations in such district, which it h procured in compliance with section of the Longshoremen's and Harl Workers' Compensation Act (44 St 1439; 33 U.S.C. 932) as extended by t act of July 18, 1958 (72 Stat. 397; U.S.C. 150k-1). Any carrier desiring do so may make such presentation such policy unnecessary in any partic lar case by transmitting to the Bure an agreement signed by its preside and secretary (or other authorized o ficers in cases of foreign or mutual cor panies or State funds), in the followi form, and making reports according of the issuance of a policy in su particular case.

The (insert name of insurance carrie hereby agrees, in consideration of the ceptance by the Bureau of Employees' Co pensation, Department of Labor and deputy commissioners of reports of issue approved form of policy and endorseme under the Longshoremen's and Har Workers' Compensation Act as amended a as extended to employers of nonappropriat fund instrumentalities by the act of J 18, 1958 (72 Stat. 397; 5 U. S. C. 150k-1) the form prescribed by the Bureau in $9 of its regulations, that it will be lial and hereby accepts the full liability pressed in the approved form of endors ment, under said laws in all cases in whi it has heretofore and may hereafter use t prescribed form of report to deputy co missioners and transmit the same to t proper deputy commissioner; the sendi of such report of issue of policy to the depu commissioner shall be accepted by the B reau and its deputy commissioners as co clusive 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 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.

Sec.

93.1

93.2

PART 93-AUTHORIZATION OF SELF-INSURERS

Authorization of self-insurers.
Reports required.

AUTHORITY: The provisions of this Part 93 issued under sec. 39, 44 Stat. 1442, as amended; 33 U.S.C. 939. Interpret or apply 72 Stat. 397; 5 U.S.C. 150k-1.

SOURCE: The provisions of this Part 93 appear at 23 F.R. 8961, Nov. 18, 1958.

§ 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; 33 U.S.C. 939. Interpret or apply, 72 Stat. 397; 5 U.S.C. 150k-1.

SOURCE: The provisions of this Part 94 appear at 23 F.R. 8962, Nov. 18, 1958.

§ 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.