§ 92.2 Applicants currently authorized to write insurance under other Federal workmen's compensation laws. Any applicant currently authorized by the Bureau of Employees' Compensation to write insurance under the Longshoremen's Act (44 Stat. 1424, 33 U. S. C. 901 et seq.) or under the District of Columbia Workmen's Compensation Law (45 Stat. 600, 36 D. C. Code 501, 502) or under the Defense Bases Act (55 Stat. 622, 42 U. S. C. 1651), or under the extension of the Longshoremen's Act by the Outer Continental Shelf Lands Act (67 Stat. 462, 43 U. S. C. 1331), need not support its application with the evidence required by the regulations in Part 32, Subchapter C of this chapter, unless specifically requested by the Bureau, except the form of policy and endorsement which it proposes to use, but instead its application may refer to the fact that it has been so authorized.

§ 92.3 Non-appropriated fund instru. mentality endorsement.

(a) The following form of endorsement applicable to the standard workmen's compensation and employer's liability policy shall be used with the form of policy approved by the Bureau of Employees' Compensation for use by an authorized carrier.

For Attachment to Policy No.

(1) The obligations of paragraph one (a) of the Policy include the Longshoremen's and Harbor Workers' Compensation Act, being Public Law No. 803 of the 69th Congress, approved March 4, 1927, as extended to civilian employees of the nonappropriated fund instrumentalities of the United States under the jurisdiction of the Armed Forces by the act of July 18, 1958 (72 Stat. 397, 5 U. S. C. 150k-1), and all the laws amendatory thereof or supplementary thereto which may be or become effective while this policy is in force.

(2) The Company will carry out the provisions of section 35 of the Longshoremen's and Harbor Workers' Compensation Act. Insolvency or bankruptcy of the employer and/or discharge therein shall not relieve the Company from payment of compensation and other benefits lawfully due for disability or death sustained by an employee during the life of the policy.

(3) The Company agrees to abide by all the provisions of the Longshoremen's and Harbor Workers' Compensation Act and all the lawful rules, regulations, orders and decisions of the Bureau of Employees' Compensation, Department of Labor, and of the Deputy Commissioner having jurisdiction, unless and until set aside, modified or reversed by a court having Jurisdiction over the parties and the cause of action.

(4) This endorsement shall not be cancelled prior to the date specified in this policy for its expiration until at least thirty days have elapsed after a notice of cancellation has been sent to the Bureau, to the Deputy Commissioner, and to the within named employer.

(5) All terms, conditions, requirements, and obligations expressed in this policy or in any other endorsement attached thereto which are not inconsistent with or inapplicable to the provisions of this endorsement are hereby made a part of this endorsement as fully and completely as if wholly written

herein.

(6) References to the law of any State in Conditions B and D of this policy are hereby declared to include for the purpose of this endorsement only, the provisions of the Longshoremen's and Harbor Workers' Compensation Act, as amended, and of the said act of July 18, 1958. 5 U. S. C. 150k-1.

(b) The following paragraphs may at the option of the insurer be included in the form of endorsement which is provided in paragraph (a) of this section. No other provision, alteration of any prescribed provision, or alteration of any optional provision shall be made or used in any such endorsement except after submission to the Bureau and receipt of its written approval thereof:

If the within employer is a contractor the subject of whose contract includes operations covered by this policy and he shall subcontract all or any part of such contract to one or more subcontractors, the remuneration of all the direct employees of such subcontractors shall be included in the return of remuneration under the provisions of this policy upon which premium is computed. Such remuneration so reported shall be considered the remuneration of employees of the within named employer and shall in all instances be governed by the same terms, conditions, requirements, and obligations of the policy as the remuneration of the direct employees of the within named employer. The requirements of this paragraph shall not apply as respects any such subcontractor who has secured compensation for his direct employees as required by the Longshoremen's and Harbor Workers' Compensation Act, but the within named employer shall not claim the benefit of this exemption unless and until he shall satisfy the Company by certificate or otherwise that any such subcontractor has legally secured the payment of compensation to his own direct employees and then only respecting any subcontractor who has furnished such proof.

If the premium as determined in accordance with the provisions of the policy is less than $300, there shall be added thereto an expense constant of $10, unless such addition shall increase the premium to an amount in excess of $300, in which event only such part of the expense constant shall be added as

will bring the amount of the premium up to $300. Inclusion of the expense constant or any part thereof in the estimated advance premium is subject to final adjustment upon audit, all in accordance with the provisions hereof. The minimum premium of the policy includes the expense constant.

(c) In applying the regulations in Part 32, Subchapter C of this chapter insofar as they are incorporated in this subchapter, all references to the Longshoremen's endorsement shall be construed as having reference to the nonappropriated fund instrumentality.

§ 92.4 Report by carrier of issuance of policy or endorsement; form.

(a) A carrier which has executed the agreement provided for in § 92.6 shall report to the deputy commissioner assigned to a compensation district each policy and endorsement issued by it to a nonappropriated fund instrumentality which carries on operations in such compensation district. The report shall be made upon a printed card to be provided by such carrier. Such card shall be 50 percent rag, salmon pink, lightweight, 3 x 5 inches. The printing thereon shall be as follows:

Nonappropriated fund instrumentality

(Date notice received by deputy) This card shall be sent to the Deputy Commissioner of the Bureau of Employees' Compensation, U. S. Department of Labor, for the compensation district indicated by the address of the employing instrumentality.

(b) Each such carrier will print its name at the place indicated. The note at the bottom designating the place to which the card shall be sent should be in small type, about 6 point, and if desired this note may be printed on the reverse side of the card. The spaces below the line for the employer's name and the line for his address should each be sufficient

to permit two additional lines of typewriting. The term "nonappropriated fund instrumentality" should be about 3/4 inch from the top of the card. The line for cancellation date will be filled in only by the office of the deputy commissioner. § 92.5 Report; by whom sent.

The report of issuance of a policy and endorsement provided for in § 92.4 shall be sent by the home office of the carrier to the deputy commissioner at his headquarters, except that any carrier may authorize its agency or agencies in any compensation district to make such reports to the deputy commissioner, provided the carrier shall notify the deputy commissioner in such district of the agency or agencies so duly authorized. The deputy commissioner in turn shall supply to his sub-offices, if any, current lists showing the policies so reported, giving the names and addresses of the employers, with the names of their respective carriers, the policy numbers and the dates of beginning and expiration of the policies. Similar current lists of cancellation shall also be furnished to sub-offices.

§ 92.6 Agreement to be bound by card

reports.

(a) Except as provided in this section, each covered instrumentality shall present to the deputy commissioner in the compensation district in which it has operations, the policy covering its operations in such district, which it has procured in compliance with section 32 of the Longshoremen's and Harbor Workers' Compensation Act (44 Stat. 1439; 33 U.S.C. 932) as extended by the act of July 18, 1958 (72 Stat. 397; 5 U.S.C. 150k-1). Any carrier desiring to do so may make such presentation of such policy unnecessary in any particular case by transmitting to the Bureau an agreement signed by its president and secretary (or other authorized officers in cases of foreign or mutual companies or State funds), in the following form, and making reports accordingly, of the issuance of a policy in such particular case.

The (insert name of insurance carrier) hereby agrees, in consideration of the acceptance by the Bureau of Employees' Compensation, Department of Labor and its deputy commissioners of reports of issue of approved form of policy and endorsement under the Longshoremen's and Harbor Workers' Compensation Act as amended and as extended to employers of nonappropriated

fund instrumentalities by the act of July 18, 1958 (72 Stat. 397; 5 U. S. C. 150k-1) in the form prescribed by the Bureau in § 92.4 of its regulations, that it will be liable and hereby accepts the full liability expressed in the approved form of endorsement, under said laws in all cases in which it has heretofore and may hereafter use the prescribed form of report to deputy commissioners and transmit the same to the proper deputy commissioner; the sending of such report of issue of policy to the deputy commissioner shall be accepted by the Bureau and its deputy commissioners as conclusive evidence (1) of the issuance of a policy to the employer, named in such report, in approved form and having attached an approved form of endorsement under applicable regulations of the Bureau and (2) of the effectiveness of such policy during the period as stated in such report; and it further agrees that such liability shall not be terminated prior to the expiration of the policy, except in case of cancellation, and then at the time in the manner which is prescribed in the Longshoremen's and Harbor Workers' Compensation Act, in the regulations of said Bureau, and in the endorsement referred to.

(b) An insurance carrier desiring to withdraw from such agreement may do so upon giving thirty days notice to the Bureau by registered mail.

§ 92.7

Name of one employer only shall be reported on one card.

(a) A separate report of the issuance of a policy and endorsement, provided for by § 92.4, shall be made for each employer covered by a policy. If a policy is issued insuring more than one employer, a separate card report for each employer so covered shall be sent to the deputy commissioner concerned, with the name of only one employer on each such report. Unless a card report is received by the deputy commissioner for a compensation district, the deputy commissioner shall regard an employer as an uninsured employer in the particular compensation district (except in cases where such employer is a duly authorized self-insurer, or the employer himself has presented a policy for inspection by the deputy commissioner).

(b) Where a nonappropriated fund instrumentality has operations in more than one compensation district the report by the carrier should be sent to each compensation district established in § 91.2 of this subchapter, in which such operations are carried on, so that the deputy commissioner for that compensation district may have a record of the coverage and may issue the certificate

§ 93.1

Authorization of self-insurers.

The provisions of the regulations in Part 33, Subchapter C of this chapter, shall govern the authorization of the self-insurance privilege under the Longshoremen's Act as made applicable to non-appropriated fund instrumentalities by the act of July 18, 1958 (72 Stat. 397, 5 U.S.C. 150k-1). Applications will be considered if submitted through the head of the military department concerned, or his delegate, and with his approval.

§ 93.2 Reports required.

(a) At such time as the Bureau of Employees' Compensation may require or prescribe, the self-insurer shall submit such of the following reports as may be requested:

(1) Statement of assets and liabilities, or balance sheet.

(2) Statement showing by classification, the payroll of the employees of the self-insured subject to the said act of July 18, 1958, with respect to whom the securing of compensation is accomplished by self-insurance.

(3) Statement showing payments of compensation of current cases during any specified quarter, with an indication of the nature of the injury or death in each case.

(4) Statement by compensation district of outstanding injury and death cases during such period as may be called for, together with the particulars of each

case.

§ 94.1

Issue of certificate of compliance. (a) Every nonappropriated fund instrumentality which has secured the payment of compensation by obtaining a policy of insurance under section 32 of the Longshoremen's Act (44 Stat. 1426; 33 U.S.C. 901) and by Part 92 of this subchapter will receive from the deputy commissioner in the compensation district in which the instrumentality has operations (or for the jurisdiction area of such compensation district) and to whom such insurance has been reported as provided by these regulations, a certificate that such nonappropriated fund instrumentality has secured the payment of such compensation. Only one certifilcate will be issued to the insured instrumentality in a compensation district, and it will be valid only during the period for which compensation has been secured by the insured. An instrumentality so desiring may have photostatic copies (or other facsimile copies) of such a certificate made for use in different places within the compensation district or jurisdictional area thereof. A certificate of compliance will be issued by the deputy commissioner for his district (1) upon receipt by him and his acceptance of a card report of issuance of a policy of insurance to the instrumentality as provided by § 92.4 of this subchapter, by an authorized insurance carrier which has filed an agreement to be bound by a card report in conformity with § 92.6 of this subchapter, or (2) upon presentation to the deputy commissioner by the authorized administrative officer of the instru

mentality (and not by an insurance carrier, insurance agency, or broker) of the applicable policy of insurance then in force, and endorsement thereon, issued to the instrumentality in conformity with Part 92 of this subchapter by an authorized insurance carrier which has not filed the agreement provided for by § 92.6 of this subchapter.

(b) Each instrumentality granted the privilege of self-insurance as provided by section 32 of the Longshoremen's Act and by Part 93 of this subchapter will receive from the deputy commissioner a certificate that it has complied with the said law with respect to the securing of the payment of compensation. Only one such certificate will be issued to the instrumentality by a deputy commissioner in a compensation district and it will be valid only during the period stated in such certificate. An instrumentality so desiring may have photostatic copies (or other facsimile copies) of such certificates made for use in different places within a compensation district or jurisdictional area thereof.

(c) Two forms of the certificate of compliance have been provided for by the Bureau of Employees' Compensation: (1) The form used where the instrumentality has obtained insurance generally under the regulations in this subchapter, and (2) the form used where the instrumentality has been authorized to secure compensation as a self-insurer. § 94.2 Return of certificate of compliance.

Upon the termination by expiration, cancellation or otherwise, of a policy of insurance issued under the provisions of the Longshoremen's Act and the regulations in this subchapter, or the revocation or termination of the privilege of self-insurance, all certificates of compliance issued on the basis of such insurance or self-insurance shall be void and unless the period shall have expired for which issued, shall be returned by the instrumentality to the deputy commissioner issuing them, with a statement of the reason for such return. An instrumentality currently holding a certificate of compliance under an insurance policy which has expired, pending the renewal of such insurance, need not return such certificate of compliance if such expired insurance is promptly replaced, but where the insurance or self-insurance is not renewed or replaced, the certificate of compliance should be returned.