3 FAM 3840
professional liability insurance (PLI)
(CT:PER-915; 08-17-2018)
(Office of Origin: HR/ER/WLD)
3 FAM 3841 SCOPE
(CT:PER-550; 06-21-2005)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. This subchapter will provide guidance to Department
of State employees on the Departments authorities, responsibilities, and
procedures related to the reimbursement of professional liability insurance
costs to qualified employees.
b. Section 642 of the Treasury and General Government
Appropriations Act of 2000 (Public Law 106-58, September 29, 1999), amended
section 636 of the Treasury, Postal Service, and General Government
Appropriations Act of 1997 (Public Law 104-208, September 30, 1996) by
requiring Federal agencies to reimburse qualified supervisors, managers and law
enforcement officials who elect to purchase private professional liability
insurance. Such reimbursement is not to exceed one-half the costs incurred by
an employee for professional liability insurance. This legislation became
effective October 1, 1999.
3 FAM 3842 Authority
(CT:PER-550; 06-21-2005)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. 5 U.S.C. 5941 note.
b. 5 U.S.C. 7103(a).
3 FAM 3843 APPLICABILITY
(CT:PER-550; 06-21-2005)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. This regulation applies to the Foreign Service (FS)
and Civil Service (CS).
b. As U.S. Government (USG) employees, Department of
State Foreign Service National (FSN) direct hires, employees on personal
service agreements, locally employed resident U.S. citizens (AMCITS), U.S.
citizen direct-hire TEMP, and employees serving on Family Member Appointments
are covered if they serve in qualifying supervisory or management positions.
c. Eligible employees are not required to carry
professional liability insurance.
3 FAM 3844 policy
(CT:PER-550; 06-21-2005)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
The State Department shall reimburse eligible employees up
to 50%, or $175, whichever is less, of the cost of professional liability
insurance.
3 FAM 3845 DEFINITIONs
(CT:PER-550; 06-21-2005)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
Professional liability insurance
- is defined as legal liability for damages due to injuries to other persons,
damage to their property, or other damage or loss to such other persons
(including the expenses of litigation and settlement) resulting from or arising
out of any tortuous act, error, or omission of the covered individual (whether
common law, statutory, or constitutional) while in the performance of such
individual's official duties as a qualified employee; and the cost of legal
representation for the covered individual in connection with any administrative
or judicial proceeding (including any investigation or disciplinary proceeding)
relating to any act, error, or omission of the covered individual while in the
performance of such individual's official duties as a qualified employee, and
other legal costs and fees relating to any such administrative or judicial
proceeding.
Law enforcement officer - is
defined as an employee, the duties of whose position are primarily the investigation,
apprehension, prosecution, detention, or supervision of individuals suspected
or convicted of offenses against the criminal laws of the United States,
including any law enforcement officer under 5 U.S.C. 8331(20) or 5 U.S.C.
8401(17), or under 22 U.S.C. 4823.
Supervisor - is defined as an
individual employed by an agency having authority in the interest of the agency
to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall,
suspend, discipline or remove employees, to adjust their grievances, or to
effectively recommend such action, if the exercise of the authority is not
merely routine or clerical in nature but requires the consistent exercise of
independent judgment, except that, with respect to any unit which includes
nurses, the term "supervisor" includes only those individuals who
devote a preponderance of their employment time to exercising such authority.
Management official - is
defined as an individual employed by an agency in a position the duties and
responsibilities of which require or authorize the individual to formulate,
determine, or influence the policies of the agency.
3 FAM 3846 eligibility
(CT:PER-550; 06-21-2005)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Eligible employees are limited to U.S. Government
(USG) supervisors, managers and law enforcement officers as defined by 5 U.S.C.
7103(a).
b. In making the decision whether or not to purchase
professional liability insurance, eligible employees should be aware that the
department has authority to indemnify employees for personal liability for
official acts.
c. The USG also supplies an attorney to government
officials in most Federal court cases involving official acts, although
generally not for employees in the Office of the Inspector General or Office of
Special Counsel Investigations.
d. Each eligible employee must carefully assess his/her
circumstances to determine if purchasing private liability insurance is
beneficial.
3 FAM 3847 How to apply for
reimbursement
3 FAM 3847.1 General
(CT:PER-550; 06-21-2005)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. To process claims for reimbursement, employees
should first confirm with their supervisor that the position they encumber is,
in fact, eligible for reimbursement.
b. Reimbursement comes out of post or bureau funds of
the requesting eligible employee.
3 FAM 3847.2 Domestic Employees
(CT:PER-894; 01-08-2018)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Complete Form, 0F-1164.Claim for Reimbursement for
Expenditures on Official Business
b. Add the following statement on the form: "This
claim is submitted in accordance with Public Law 104-208, as amended, in the
Treasury and General Government Appropriations Act of 2000 (Public Law 106-58,
September 29, 1999)."
c. Attach receipt of paid insurance premium to the
Form, OF-1164.
d. Submit form to employing Bureau's Executive Director
for approval and reimbursement.
3 FAM 3847.3 Overseas Employees
(CT:PER-915; 08-17-2018)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Complete Form, OF-1164.
b. Add the following statement on the form: "This
claim is submitted in accordance with Public Law 104-208 as amended in the
Treasury and General Government Appropriations Act of 2000 (Public Law 106-58,
September 29, 1999)."
c. Attach receipt of paid insurance premium to Form,
OF-1164.
d. Submit Form OF-1164 to post's Management Officer for
approval and reimbursement.
e. Use E2 Solutions Local Payments for employee
reimbursements. The claim should be entered into E2. The following statement
must be included in the remarks of the claim: This claim is submitted in
accordance with P.L. 104-208 as amended in the Treasury and General Government
Appropriations Act of 2000 (P.L. 106-58, September 29, 1999).
3 FAM 3848 ADDITIONAL INFORMATION
(CT:PER-550; 06-21-2005)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
For additional information such as PLI Policy, Procedures,
Frequently asked Questions (FAQs) on policy and product, and ALDAC and
Department Notices, visit HR/ERs website.
3 FAM 3849 UNASSIGNED