LETTER TO JOHN N. MCMAHON FROM FRANK C. CASILLAS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88G00186R000300380024-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 22, 2016
• Document Release Date: June 18, 2010
• Sequence Number: 24
• Publication Date: January 8, 1985
• Content Type: LETTER

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1 Jan 85
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U.S. Department of Labor
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Mr. John N. McMahon
Deputy Director of Central Intelligence
Central Intelligence Agency
Washington,- D.C. 20505
Dear Mr. McMahon:
The Department of Labor (DO L), Office of Inspector General,
recently completed a "crossmatch" among several State
employment security agencies (SESAs) to determine the number
of Federal employees receiving unemployment compensation in
apparent violation of Federal and State laws and to determine
the amount of unemployment compensation received by these
employees.
In this report, several instances were noted in which Federal
agencies took an excessive amount of time in returning Forms
ES-931, Request for Wage and Separation Information, to the
SESAs. This appeared to have a significant impact in enabling
Federal employees to receive unemployment benefit payments to
which they were otherwise not entitled.
I have enclosed an outline of necessary steps that should be
followed by all Federal agencies to minimize improper payments.
As overseer of the Unemployment Compensation for Federal
Employees (UCFE) program, I strongly urge you to ensure that
appropriate action is taken within your agency to see that
these procedures are followed. Careful adherence to these
procedures by agency personnel and management officials should
substantially reduce the potential incidence of improper UCFE
payments. Since these costs are now reflected in your
operating budget, I am sure that you share our concern to
minimize such problems.
Additionally, I request that you provide me with a status
report, by January 31, 1985, including dates, as to the
action(s) that have been or will be taken to enforce these
requirements.
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Thank you for your continued cooperation. If you or your staff
have questions concerning this letter or the UCFE program in
general, please contact Carolyn M. Golding, Director,
Unemployment Insurance Service, on 376-6636, or Millie Enten on
376-7370.
Sincerely,
FRANK C. CASILLAS
Assistant Secretary for
Employment and Training
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UNEMPLOYMENT COMPENSATION FOR FEDERAL EMPLOYEES (UCFE) PROGRAM
Ensure that the following steps are enforced within your agency
in accordance with the UCFE Instructions for Federal agencies:
SF-8, Notice to Employee About Unemployment Insurance
... Ensure that your agency's Standard Form 8 is properly
completed:
Line 1 - Your ap rent Federal agency name and code number
Line 2 - Any component name or identification symbol
Lines 3&4 - The complete address to which you want all forms
pertaining to a claimant be sent. (In most
cases, this is your payroll address; a few
agencies use their personnel office address.)
... It is your personnel office's responsibility to hand each
employee, separating for any reason, a completed SF-8 on or
before his/her last day of work.
... Additionally, whoever hands the SF-8 to the separating
employee, must explain the purposes of the form:
1. Tells of his/her right to file a claim as well as
general information as to how, when, and where to file.
2. Tells the separating employee that he/she should bring
the SF-8 to the UI office, if a claim is filed because
it will help to expedite the claim. (The SF-8 provides
SESA with the proper address to which all claimant forms
should be sent. )
SF-52, Request for Personnel Action
... Special emphasis should be made within your agency to ensure
that the information, especially concerning the reason for
separation, is factual and complete starting with the
completion of the SF-52.
. The information from the SF-52 is transferred to the SF-50,
~. Personnel Action. It is at this point that your personnel
staff should review the separating employee's personnel
folder to ensure that all factual information concerning
reason for separation is provided on the SF-50. The
information provided on the SF-50 is then transcribed by
your payroll or personnel staff onto Forms ES-931, Request
for Wage and Separation Information, received from the State
employment security agencies (SESAs). SESAs use this
information in determining, under their State law, if the
claimant will be entitled to benefits based on the reason
for separation you provided along with wage information.
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The information requested from the SESAs on Forms ES-931, is
required to be completed and returned within 4 working days from
the time it was received in your agency. If the information is
not complete, and/or not received by the SESAs timely, the
claimant could be found eligible to receive benefits based on
the information he/she provided the SESA, and your agency would
be held liable for all benefit payments paid to the claimant.
... Therefore, it is important to make sure that beginning with
the SF-52, the process flows properly and timely. By
providing complete information promptly, improper payments
by SESAs will be minimized.
... Special care should also be noted in regard to the
separating employee's entitlement to severance pay and/or
annual leave lump sum payment.
... A separate space is provided for these amounts to be
reported on all Forms ES-931 from States in which severance
pay and/or annual leave lump sum payments have the effect of
reducing the claimant's benefit amount or denying benefits
until severance pay and/or annual leave lump sum payments
have been exhausted.
Job Offers
... Another important requirement concerns job offers. At the
time of "expiration of appointment" or "job abolishment", if
your agency made a specific job offer to the employee and
the employee refused the offer, this information should be
provided to the appropriate SESA as part of the separation
information on Form ES-931. This would include a brief
description of the former job along with a brief description
of the job offer including a comparison of salaries. The
SESA has the responsibility of determining whether or not
the job offer is "suitable". If a job offer is made
subsequent to the return of a Form ES-931, your agency is
required to notify the appropriate SESA by memo, including
all pertinent information. All SESAs will deny UCFE
benefits to claimants who receive a "suitable" job offer and
refuse the offer.
Appeals
... Both the former employee and the Federal agency have the
right to appeal a decision which appears to be incorrect in
accordance with law.
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... All SESAs send a notice of determination, if there is an
issue, to the separating employer. Each SESAs' notice
contains instructions as to how and when to file an appeal.
The number of days in which you have to file an appeal
differ in accordance with each State's law.
... All notices of determination are sent by the SESAs to the
Federal agency address as indicated on the SF-8. The
responsibility for reviewing the claimant files and
initiating an appeal or attending a hearing, is that of your
personnel office. Therefore, it is imperative that the
payroll staff (if that is where all claims forms are to be
sent as indicated on your SF-8) be instructed to send oc
bring all notices immediately to the personnel office
without delay so that when the case warrants, an appeal can
be filed within the allowable time. This also applies to a
notice of hearing when the claimant files an appeal so that
your personnel office can attend and present evidence at the
hearing.
... When your agency files an appeal or attends a hearing
initiated by the claimant, it is important that you present
a well documented case along with a witness/es who has first
hand knowledge of the case in order to support your agency's
position.
Quarterly Billing Procedures
... Each quarter, the DOL sends a summary report of UCFE
expenditures to all Federal agencies.
Additionally, SESAs send a detailed listing of UCFE benefits
paid, directly to Federal agencies (to the name and address
provided by each Federal agency).
The quarterly detail data report should be compared to your
agency payroll information to determine whether the
claimants listed on the UCFE billing are former employee of
your agency.
Any discrepencies noted should be resolved between your
agency and the appropriate UCFE State coordinator.
We strongly cecommend that an additional check be made each
quarter, to verify whether any of your employees received
UCFE benefit payments for the same periods they were on your
agency's payroll.
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If during this verification process, your agency determines
that any employees/former employees were receiving UCFE
benefit payments during the same period they were on your
payroll, this information should be referred immediately to
the appropriate SESA for their action. Your agency should
provide the SESA, in writing, with the name, SSN, and
periods of employment for what appear to be concurrent weeks
in which benefits were also reported to be paid. Your
agency should also request the SESA to provide you with a
report of their findings and action.
A annual summary report on each case referred to the SESA
should be submitted to the DOL including any disciplinary
action your agency may have taken or be considering.
The first such report is due to the DOL by September 30,
1985, Attn: TEUMI.
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