File Code: / 6180-2 / Date: / March 14, 2008
Subject: / Reimbursement for Professional Liability Insurance (PLI) Expanded to Include Temporary Fire Line Managers
To: / Regional Foresters, Station Directors, Area Director, IITF Director and Deputy Chiefs

I have good news. I know potential liability has been a significant concern for many wildland firefighters. Important recent legislation extends protection for our firefighters, beginning in the upcoming fire season. I have the pleasure of relaying the details.

On December 26, 2007, President Bush signed Public Law 110-161, the Consolidated Appropriation Act, 2008. Section 429 expands coverage for reimbursement of professional liability insurance to our “temporary fire line managers.”

To qualify, these “temporary fire line managers” must meet one of the following three criteria:

  1. Provide temporary supervision or management of personnel engaged in wildland or managed fire activities,
  2. Provide analysis or information that affects a supervisor’s or manager’s decision about a wildland or managed fire, or
  3. Direct the deployment of equipment for a wildland or managed fire.

We have determined that the Fire positions listed in Enclosure A as part of the Incident Command System meet the definition of “temporary fire line managers.” Employees holding these temporary fire positions will now be eligible to be reimbursed for up to one-half of the cost incurred for professional liability insurance including any administrative processing cost charged by the insurance company.

Due to the above legislative change and the migration of Human Capital Management operations work to the AlbuquerqueServiceCenter, we are taking the opportunity to update and clarify the process that employees must follow in order to receive reimbursement. Please refer to Enclosure B for the specific procedures and forms that must be completed.

If you have any questions, please contact Debbie Esposito () at (703) 605-0844 or Kim MacLaurin () or (505) 563-9304.

/s/ Jim Hubbard (for):
ABIGAIL R. KIMBELL
Chief

Enclosures

Enclosure A

ICS Position Covered for Liability Insurance

Incident Position (Mnemonic)
Agency Representative (AREP)
Air Operations Branch Director (AOBD)
Aircraft Base Radio Operator (ABRO)
Aircraft Dispatcher (ACDP)
Air Support Group Supervisor (ASGS)
Air Tactical Group Supervisor (ATGS)
Air Tanker/Fixed Wing Coordinator (ATCO)
Area Commander (ACDR)
Area Command Aviation Coordination (ACAC)
Assistant Area Commander, Logistics (ACLC)
Assistant Area Commander, Planning (ACPC)
Base CampManager (BCMG)
Communication Unit Leader (COML)
Cost Unit Leader (COST)
Crew Boss, Single Resource (CRWB)
Crew Representative (CREP)
Deck Coordinator (DECK)
Division/Group Supervisor (DIVS)
Dozer Boss, Single Resource (DOZB)
Engine Boss, Single Resource (ENGB)
Equipment Manager (EQPM)
Expanded Dispatch Coordinator (CORD)
Expanded Dispatch Recorder (EDRC)
Expanded Dispatch Supervisory Dispatcher (EDSP)
Facilities Unit Leader (FACL)
Felling Boss, Single Resource (FELB)
Field Observer (FOBS)
Finance/Administration Section Chief Type 1 (FSC1)
Finance/Administration Section Chief Type 2 (FSC2)
Fire Behavior Analyst (FBAN)
Fire Effects Monitor (FEMO)
Fire Use Manager Type 1 (FUM1)
Fire Use Manager Type 2 (FUM2)
Firefighter Type 1 (FFT1)
Firing Boss, Single Resource (FIRB)
Ground Support Unit Leader (GSUL)
Helibase Manager Type 1 (HEB1)
Helibase Manager Type 2 (1-3 helicopters) (HEB2)
Helicopter Boss, Single Resource (HELB)
Helicopter Coordinator (HLCO)
Helicopter Crewmember (HECM)
Helicopter Manager (HELM)
Incident Business Advisor Type 1 (IBA1)
Incident Business Advisor Type 2 (IBA2)
Incident Commander Type 1 (ICT1)
Incident Commander Type 2 (ICT2)
Incident Commander Type 3 (ICT3)
Incident Commander Type 4 (ICT4)
Incident Commander Type 5 (ICT5)
IncidentCommunicationsCenter Manager (INCM)
Infrared Interpreter (IRIN)
Initial Attack Dispatcher (IADP)
Intelligence Support (INTS)
Interagency Resource Representative (IARR)
Lead Plane Coordinator (THSP)
Liaison Officer (LOFR)
Logistics Section Chief Type 1 (LSC1)
Logistics Section Chief Type 2 (LSC2)
Long Term Fire Analyst (LTAN)
Medical Unit Leader (MEDL)
Operations Branch Director (OPBD)
Operations Section Chief Type 1 (OSC1)
Operations Section Chief Type 2 (OSC2)
Planning Section Chief Type 1 (PSC1)
Planning Section Chief Type 2 (PSC2)
Prescribed Fire Burn Boss Type 1 (RXB1)
Prescribed Fire Burn Boss Type 2 (RXB2)
Prescribed Fire Manager Type 1 (RXM1)
Prescribed Fire Manager Type 2 (RXM2)
Radio Operator (RADO)
Safety Officer Type 1 (SOF1)
Safety Officer Type 2 (SOF2)
Safety Officer, Line (SOFR)
Single Engine Air Tanker Manager (SEMG)
Situation Unit Leader (SITL)
Staging Area Manager (STAM)
Strike Team Leader Crew (STCR)
Strike Team Leader Dozer (STDZ)
Strike Team Leader Engine (STEN)
Strike Team Leader Military (STLM)
Strike Team Leader Tractor/Plow (STPL)
Structure Protection Specialist (STPS)
Supply Unit Leader (SPUL)
Take-Off and Landing Coordinator (TOLC)
Task Force Leader (TFLD)
Tractor Plow Boss, Single Resource (TRPB)
Wildland Fire Investigator (INVF)

Enclosure B

Procedure for Claiming Reimbursement for Professional Liability Insurance

I. Qualified Employees that are Eligible for Reimbursement of Professional Liability Insurance includes:

  1. Law enforcement employees who are eligible for Law Enforcement Availability Pay (LEAP) or Administratively Uncontrollable Overtime (AUO);
  1. Supervisors and managers as defined in Section 7103(a) of Title 5 of the U.S. Code; or
  1. Temporary fire line managers meeting one of the following three criteria:

(a)Temporary supervision or management of personnel engaged in wildland or managed fire activities;

(b)Providing analysis or information that affects a decision by a supervisor or manager about a wildland or managed fire;

(c)Directing the deployment of equipment for a wildland or managed fire, such as a base camp manager, an equipment manager, a helicopter coordinator, or an initial attach dispatcher;

II. Process for Law Enforcement, Supervisors and Managers to Obtain Reimbursement:

  1. Employee does the following:

(a)Completes the FS-6500-229, Request for Reimbursement Form. The form can be found at:

(b)Attaches a copy of the first couple of pages of the professional liability insurance policy issued in his/her name and proof that he/she has paid the annual premium (or partial year’s premium if starting coverage mid-year) for the policy. If he/she has paid by payroll deductions, he/she will have to wait until he/she has paid for the whole year (or partial year if starting midyear). The insurance company should be able to provide the employee with proof of payment.

(c)Gives to Supervisor for approval and transmittal to ASC-BF Miscellaneous Payments.

  1. The Supervisor does the following:

(a)Supervisor reviews for completeness and accuracy, approves, and transmits to ASC-BF Miscellaneous Payments. Transmittal instructions are located under Reimbursements on the ASC-BF Payments Miscellaneous web page:

(b)The FS-6500-229 Request for Reimbursement Form and supporting documentation is an official payment document and must be securely filed and held per retention period found in FSH 6209.11 Records Management Handbook. Currently, original documentation is mailed to the ASC-B&F. Revisions are being made to the instructions to allow for faxing of the form and supporting documentation. Once the new procedures are implemented, the original documents will be maintained and securely filed at the units per the records retention requirements.

3. The ASC-BF Office will review the information to verify that the employee:

(a)Is on a listing provided by ASC-HCM of eligible employees. This listing is pulled from the personnel records. A supervisor/manager as indicated by IRIS screen 102, Position Supervisory Code: 2, 4, 5 or a Law Enforcement employee who is eligible for Law Enforcement Availability Pay (LEAP) or Administratively Uncontrollable Overtime (AUO) as indicated by IRIS Screen 101, LEO Indicator: Y or A;

(b)Is claiming no more than ½ of the total cost of the PLI, including the administrative processing fee charged by the insurance company;

(c)Submitted the request for reimbursement as soon as possible after completing payment, but no later than the end of the calendar year following the year in which the cost for professional liability insurance was incurred.

(d)Submitted the FS-6500-229, Request for Reimbursement Form with required signatures and supporting documentation.

III. Procedure For Temporary Fire Line Employees to Obtain Reimbursement:

  1. Employees shall follow all the Steps in Section II above. In addition, employees must enter the title of their temporary fire position in the Remarks section, Block 9, of the FS-6500-229 Request for Reimbursement. They must also provide a copy of their Red Card for the current year, showing their name and the Incident Command System positions for which they are qualified.
  1. Your documentation will be reviewed to determine if your temporary position meets the criteria of a temporary fire line manager (as determined by the Forest Service) for the time period covered by the professional liability insurance.
  1. Your documentation will also be reviewed to see that you meet items specified in Section II. 3. (b), (c), and (d) of this document.

.

References: Section 636 of the Treasury, Postal Service and General Appropriations Act

For Fiscal Year 1997 (Public Law 104-208)

Section 429 of the Consolidated Appropriation Act, 2008 (Public Law 110-161)

Department Regulation No. 4060-001, Professional Liability Partial Premium Reimbursement Program, dated February 7, 2002

Contacts: ASC HCM – Debbie Esposito () or (703) 605-0844)

Kim MacLaurin () or (505) 563-9304

ASC Incident Finance – Erin Newman () or (505) 563-7416

ASC AQM - Teressa Cyfers-Perry () or(505) 563-7373