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Special pay and benefits apply to eligible civilian Federal employees assigned to duty in certain combat zones such as Iraq and Afghanistan. The Department of Defense, the Department of State, and the Department of Labor administer many of the pay and benefits programs provided to Federal civilian employees working in overseas locations, including combat zones. Pay and benefits may vary depending on the employee's pay system, assignment location, scope and nature of duties, and nature of assignment. Please check with your agency's local human resources office to verify the benefits that apply to you.

Pay and Benefits for Federal Civilian Employees in Combat Zones

We at OPM are committed to recruiting, retaining, and honoring a world-class workforce to serve the American people. This commitment includes doing all we can to help ensure that deployed civilians receive fair and accurate compensation and benefits in a timely way.

Below is a brief list of some of the major authorities currently available to agencies that may help attract and retain Federal civilians in a combat zone.

• Effective January 1, 2011, section 1103 of Public Law 111-383, January 7, 2011 (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) extends to calendar year 2011 the authority provided in section 1101(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417, October 14, 2008), as amended by section 1106 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84, October 28, 2009), for the head of an agency to waive the premium pay cap provisions under 5 U.S.C. 5547. Key elements of this authority are provided below. Please also review CPM 2011-03 for additional guidance.
  • As in calendar years 2009 and 2010, this waiver authority in 2011 applies to certain civilian employees who perform work while in an overseas location that (1) is in the area of responsibility of the United States Central Command (CENTCOM) or (2) was formerly in the CENTCOM area of responsibility but has been moved to the area of responsibility of the Commander of the United States Africa Command (AFRICOM). The overseas work must meet one of two additional qualifying conditions: (1) performance of work in direct support of or directly related to a military operation (including a contingency operation as defined in 10 U.S.C. 101(a)(13)), or (2) performance of work in direct support of or directly related to an operation in response to an emergency declared by the President.
  • The annual limitation on basic pay and premium pay allowed under the waiver authority remains at $230,700 in calendar year 2011 (the annual rate of salary payable to the Vice President under 3 U.S.C. 104). Subsection 1101(b) continues to provide the aggregate limitation on pay under 5 U.S.C. 5307 will not apply to an employee in calendar year 2011 if the employee is granted a waiver under subsection 1101(a) of the normally applicable premium pay limitations.
  • Subsection 1101(c) also continues to apply and provides that any payments made under the subsection 1101(a) waiver authority resulting in additional premium pay of a type normally creditable as basic pay will not be considered basic pay for any purpose (e.g., retirement). Also, such additional premium pay may not be used in computing lump-sum payments for accumulated and accrued annual leave under 5 U.S.C. 5551.
• Section 1107 of Public Law 111-84 (the National Defense Authorization Act for FY 2010) (amends section 1603 of Public Law 109-234) grants the head of an agency the discretionary authority to provide allowances, benefits (including travel benefits for rest and recuperation), and gratuities comparable to those provided by the Secretary of State to members of the Foreign Service under section 413 and chapter 9 of title I of the Foreign Service Act of 1980. This authority was provided until September 30, 2011. Therefore, OPM's Memorandum for Heads of Executive Departments and Agencies, CPM 2009-26, December 29, 2009, continues to apply regarding the use of the Foreign Service Act provision.
• OPM regulations give agencies the discretionary authority to provide recruitment, relocation, and retention incentive payments (of as much as 25 to 100 percent of basic pay, in some cases) to address difficulties in recruiting or retaining employees in combat zones. (See 5 CFR part 575, subparts A, B, and C.)
• Going to a combat zone can be considered "a life event" that allows employees an opportunity to elect different health insurance coverage or enhanced life insurance coverage.
• The ceiling on the amount of annual leave that may be carried over to the next year is 360 hours for employees serving overseas, compared to 240 hours for those serving in the U.S.
• Agencies have the ability to offer time off awards. (See 5 U.S.C. 4502(e).)
• The Department of State Standardized Regulations (DSSR) provide a number of important allowances, such as post differential (for hardship conditions) and danger pay.
• The Federal Employees' Compensation Act (FECA), 5 U.S.C. 8101 et seq, provides comprehensive workers' compensation coverage for deployed employees in zones where armed conflict may take place. (See also 20 C.F.R Part 10, Federal (FECA) Procedure Manual and related guidance available from the website identified below.) A wide variety of benefits are available under FECA including medical and wage loss benefits, schedule awards for permanent impairment due to loss of hearing, vision or certain organs, vocational rehabilitation for injured employees; survivor benefits are available if an employee is killed in performance of duty or if an employee later dies from a covered injury. The Department of Labor's Office of Workers' Compensation Programs is authorized to pay an additional death gratuity of $100,000 to the survivor(s) of an "employee who dies of injuries incurred in connection with the employee's service with an Armed Force in a contingency operation." For more information, please refer to the Department of Labor's regulations on these provisions at http://www.dol.gov/owcp/dfec/index.htm and http://www.dol.gov/owcp/dfec/DeathGratuity.htm.

Medical Care for Federal Civilian Employees in Combat Zones

In many of these combat zone areas, the Department of Defense's (DOD's) medical facilities are the only source of health care available to Federal employees. As such, non-DOD civilian employees of Federal agencies who become ill, contract disease, or are injured or wounded while serving in these areas are authorized treatment at military treatment facilities (MTF) in theater or, if necessary, air evacuation to an MTF outside the area of operations at the same level and support as the military until medical management disengagement and/or discharge.

If a non-DOD Federal employee would like to continue treatment at a military MTF, the employee must submit a written request to the Under Secretary of Defense (Personnel and Readiness, USD P&R) explaining the compelling circumstances that warrant continued care at a MTF. For example, the MTF is distinguished and has special or unique experience in treating an employee's injury, disease, or illness. However, the employee must first have an accepted Federal Employees' Compensation Act (FECA)(5 U.S.C. 8101 et seq) claim for his/her assignment related to the illness, disease, or injury from the Department of the Labor's Office of Workers' Compensation Programs. The request form for continued care at DOD's MTFs can be submitted electronically and through regular mail. The request form is located on DOD's web site.