Posted: 2:27 am EDT
We’re working our way through the‘‘Consolidated Appropriations Act, 2016’’ which became Public Law No: 114-113 on December 18, 2015. Under Special Provisions, SEC . 7034 modifies the life insurance supplemental granted to those employees killed in terrorist attacks (see p.522 of a pdf file or search text here):
(d) DIRECTIVES AND AUTHORITIES .—
(5) MODIFICATION OF LIFE INSURANCE SUPPLEMENTAL APPLICABLE TO THOSE KILLED IN TERRORIST ATTACKS .—
(A) Section 415(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3975(a)(1)) is amended by striking ‘‘a payment from the United States in an amount that, when added to the amount of the employee’s employer-provided group life insurance policy coverage (if any), equals $400,000’’ and inserting ‘‘a special payment of $400,000, which shall be in addition to any employer provided life insurance policy coverage’’.
(B) The insurance benefit under section 415 of the Foreign Service Act of 1980 (22 U.S.C. 3975), as amended by subparagraph (A), shall be applicable to eligible employees who die as a result of injuries sustained while on duty abroad because of an act of terrorism, as defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), anytime on or after April 18, 1983.
Terrorism as defined under 22 U.S.C. 2656f(d)), read more here.
Here is 3 FAM 3653.1 last updated on February 26, 2015 (PDF) on the Life Insurance Supplement:
(1) Foreign Service Employees. Section 415 of the Foreign Service Act of 1980 (“Section 415”) allows for payment of a life insurance supplement to any Foreign Service employee who dies from injuries sustained as a result of terrorism while on duty abroad; and
(2) Other Employees and Unpaid Interns. The life insurance supplement provided under Section 415 is available to any other employee of the Department of State or other relevant agency (as “employee” is defined under 5 U.S.C. 8101, see 3 FAM 3652.1), including but not limited to an individual employed under a PSA or PSC pursuant to 22 U.S.C. 2669(c) or an individual serving in an uncompensated capacity, who dies from injuries sustained as a result of terrorism while on duty abroad and subject to the authority of the chief of mission pursuant to Section 207
Currently, per 3 FAM 3653.3 Amounts Payable (PDF)
(b) Life Insurance Supplement:
(1) Eligible employees, as defined in 3 FAM 3653.1(b), other than those described in paragraph (2) below, will receive from the employing agency a life insurance supplement payment under Section 415 in an amount that, when added to the amount of the employee’s employer-provided or employer-supported life insurance policy coverage (e.g., Federal Employees’ Group Life Insurance Program or other policy partially funded by the employing agency), if any, equals $400,000; and
(2) Employees compensated under LCPs, or individuals hired locally and serving in an uncompensated capacity, will receive from the employing agency a life insurance supplement payment under Section 415 in an amount that, when added to the amount of the employee’s employer- provided or employer-supported life insurance policy coverage, if any, is equivalent to two and a half years’ basic salary at the highest step of the highest grade on the employee’s LCP at the time of death (or, for locally employed individuals serving in an uncompensated capacity, the LCP governing the post in which the individual served), not to exceed the equivalent of $400,000.
The modification does not mention retroactive payments but note that it says injuries sustained while on duty abroad due to an act of terrorism, “anytime on or after April 18, 1983.” That’s the date of the U.S. Embassy Beirut, Lebanon suicide bombing that killed 63 people including 17 Americans.