Notice2026-02144

Proposed Extension of Information Collection: Death Gratuity

Primary source

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Published
February 3, 2026

Issuing agencies

Labor DepartmentWorkers' Compensation Programs Office

Abstract

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance request for comment to provide the general public and Federal agencies with an opportunity to comment on proposed collections of information in accordance with the Paperwork Reduction Act of 1995. This request helps to ensure that: requested data can be provided in the desired format; reporting burden (time and financial resources) is minimized; collection instruments are clearly understood; and the impact of collection requirements on respondents can be properly assessed. Currently, the Office of Workers' Compensation Programs, Division of Federal Employees' Compensation, (OWCP/DFEC) is soliciting comments on the information collection for the Death Gratuity, Form CA-40, Designation of a Recipient of the Federal Employees' Compensation Act Death Gratuity Payment under 5 U.S.C. 8102a; CA-41, Claim for Survivor Benefits under the Federal Employees' Compensation Act Section 8102a Death Gratuity; and CA-42, Official Notice of Employees' Death for Purposes of FECA Section 8102a Death Gratuity.

Full Text

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<title>Federal Register, Volume 91 Issue 22 (Tuesday, February 3, 2026)</title>
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[Federal Register Volume 91, Number 22 (Tuesday, February 3, 2026)]
[Notices]
[Pages 4967-4968]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02144]


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DEPARTMENT OF LABOR

Office of Workers' Compensation Programs

[OMB Control No. 1240-0017]


Proposed Extension of Information Collection: Death Gratuity

AGENCY: Office of Workers' Compensation Programs, Division of Federal 
Employees' Compensation, (OWCP/DFEC) Labor.

ACTION: Request for public comments.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a pre-clearance 
request for comment to provide the general public and Federal agencies 
with an opportunity to comment on proposed collections of information 
in accordance with the Paperwork Reduction Act of 1995. This request 
helps to ensure that: requested data can be provided in the desired 
format; reporting burden (time and financial resources) is minimized; 
collection instruments are clearly understood; and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Office of Workers' Compensation Programs, Division of 
Federal Employees' Compensation, (OWCP/DFEC) is soliciting comments on 
the information collection for the Death Gratuity, Form CA-40, 
Designation of a Recipient of the Federal Employees' Compensation Act 
Death Gratuity Payment under 5 U.S.C. 8102a; CA-41, Claim for Survivor 
Benefits under the Federal Employees' Compensation Act Section 8102a 
Death Gratuity; and CA-42, Official Notice of Employees' Death for 
Purposes of FECA Section 8102a Death Gratuity.

DATES: All comments must be received on or before April 6, 2026.

ADDRESSES: You may submit comment as follows. Please note that late, 
untimely filed comments will not be considered. Electronic Submissions: 
Submit electronic comments in the following way:
    <bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 
Follow the instructions for submitting comments for WCPO-2026-0001. 
Comments submitted electronically, including attachments, to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will be posted to the docket, with no changes. 
Because your comment will be made public, you are responsible for 
ensuring that your comment does not include any confidential 
information that you or a third party may not wish to be posted, such 
as your or anyone else's Social Security number or confidential 
business information.
    <bullet> If your comment includes confidential information that you 
do not wish to be made available to the public, submit the comment as a 
written/paper submission.
    Written/Paper Submissions: Submit written/paper submissions in the 
following way:
    <bullet> Mail/Hand Delivery: Mail or visit DOL-OWCP/DFEC, Office of 
Workers' Compensation Programs, Division of Federal Employees' 
Compensation, U.S. Department of Labor, 200 Constitution Ave. NW, Room 
S-3323, Washington, DC 20210.
    <bullet> OWCP/DFEC will post your comment as well as any 
attachments, except for information submitted and marked as 
confidential, in the docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: Anjanette Suggs, Office of Workers'

[[Page 4968]]

Compensation Programs (OWCP), at <a href="/cdn-cgi/l/email-protection#added8cacade83ccc3c7ccc3c8d9d9c8edc9c2c183cac2db"><span class="__cf_email__" data-cfemail="bbc8cedcdcc895dad5d1dad5decfcfdefbdfd4d795dcd4cd">[email&#160;protected]</span></a> (email); (202) 
354-9660.

SUPPLEMENTARY INFORMATION:

I. Background

    The National Defense Authorization Act for Fiscal Year. 2008, 
Public Law (Pub. L.) 110-181, was enacted on January 28, 2008. Section 
1105 of Public Law 110-181 amended the Federal Employees' Compensation 
Act (FECA) creating a new section, 5 U.S.C. 8102a effective upon 
enactment. This section establishes a FECA death gratuity benefit of up 
to $100,000 for eligible beneficiaries of federal employees and Non-
Appropriated Fund Instrumentality (NAFI) employees who die from 
injuries incurred in connection with service with an Armed Force in a 
contingency operation. 5 U.S.C.Sec.  8102a also permits agencies to 
authorize retroactive payment of the death gratuity for employees who 
died on or after October 7, 2001, in service with an Armed Force in the 
theater of operations of Operation Enduring Freedom and Operation Iraqi 
Freedom. 5 U.S.C. 8102a also allows federal employees to vary the order 
of precedence of beneficiaries or to name alternate beneficiaries. 20 
CFR 10.909 and 10.911 provide that Forms CA-40, CA-41, and CA-42 are 
the forms to be used to designate beneficiaries and initiate the 
payment process for death gratuity benefits. Effective December 2011, 
employing agencies are required to notify a spouse if a federal 
employee has designated all or a portion of the death gratuity to 
someone other than that spouse. See 5 U.S.C. 8145 and 8149 and Section 
1121 of Public Law 112-81.
    See: <a href="https://www.dol.gov/owcp/dfec/regs/statutes/feca.htm">https://www.dol.gov/owcp/dfec/regs/statutes/feca.htm</a>.
    Form CA-40 is an optional form that requests the information 
necessary from the employee to accomplish this variance and to name 
alternate beneficiaries only if the employee wishes to do so. Form CA-
41 provides the means for those named beneficiaries and possible 
recipients to file claims for those benefits and requests information 
from such claimants so that OWCP may determine their eligibility for 
payment. Further, the statute and regulations require agencies to 
notify OWCP immediately upon the death of a covered employee. Form CA-
42 provides the means to accomplish this notification and requests 
information necessary to administer any claim for benefits resulting 
from such a death.

II. Desired Focus of Comments

    OWCP/DFEC is soliciting comments concerning the proposed 
information collection related to the Request for Employment 
Information. OWCP/DFEC is particularly interested in comments that:
    <bullet> Evaluate whether the collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information has practical utility;
    <bullet> Evaluate the accuracy of OWCP/DFEC's estimate of the 
burden related to the information collection, including the validity of 
the methodology and assumptions used in the estimate;
    <bullet> Suggest methods to enhance the quality, utility, and 
clarity of the information to be collected; and
    <bullet> Minimize the burden of the information collection on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Documents related to this information collection request are 
available at <a href="https://regulations.gov">https://regulations.gov</a> and at DOL-OWCP/DFEC located at 
200 Constitution Ave. NW, Room S-3323, Washington, DC 20210. Questions 
about the information collection requirements may be directed to the 
person listed in the FOR FURTHER INFORMATION CONTACT section of this 
notice.

III. Current Actions

    This information collection request concerns the Death Gratuity, 
Forms CA-40, CA-41, and CA-42. OWCP/DFEC has updated the data with 
respect to the number of respondents, responses, burden hours, and 
burden costs supporting this information collection request from the 
previous information collection request.
    Type of Review: Extension, without change, of a currently approved 
collection.
    Agency: Office of Workers' Compensation Programs, Division of 
Federal Employees' Compensation, OWCP/DFEC.
    OMB Number: 1240-0017.
    Affected Public: Individuals or Households.
    Number of Respondents: 7.
    Frequency: On Occasion.
    Number of Responses: 7.
    Annual Burden Hours: 1.75.
    Annual Respondent or Recordkeeper Cost: $56.00.
    OWCP/DFEC 1240-0017: OWCP/DFEC Death Gratuity.
    Comments submitted in response to this notice will be summarized in 
the request for Office of Management and Budget approval of the 
proposed information collection request; they will become a matter of 
public record and will be available at <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.

Anjanette Suggs,
Certifying Officer.
[FR Doc. 2026-02144 Filed 2-2-26; 8:45 am]
BILLING CODE 4510-CH-P


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Indexed from Federal Register on February 3, 2026.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.