BASIC (09-08)

A. Determining whether a payment is a PDB

There are potentially thousands of separate benefits to be considered a PDB and it can be difficult to determine if a payment is a PDB. If the payment is not listed in DI 52125.005B below, follow these steps to determine if the payment is a PDB:

1. Rule out the possibility that the payment is workers' compensation (WC). (See DI 52101.001 for the definition of WC.)

2. Determine if the benefit received meets the definition of PDB in DI 52125.001.

3. Review reverse offset procedures in DI 52105.001 if a benefit appears to be a PDB, but is reduced due to the receipt of DIB. Reverse jurisdiction may apply and the PDB may not be offsettable.

NOTE: If the payment is not listed in DI 52125.005B in this section, it may be subject to offset.

B. Benefits not considered a PDB for offset purposes

PDB offset does not apply to the payments listed below. This list is not all-inclusive. Follow the steps in DI 52125.005A above to determine whether a payment not listed below is a PDB:

1. Non-disability benefits.

2. Private disability benefits, including benefits paid by private employers under their own plans which are not required by Federal, State, or local laws; benefits paid from short or long-term disability insurance policies purchased by individuals.

   NOTE: Verify that the benefit is actually a privately purchased disability benefit and not a PDB (or workers’ compensation (WC)) paid by an insurance carrier.

3. Department of Veterans Affairs (formerly VA) benefits paid under title 38, U.S.C., including agent-orange payments.

4. Union disability benefits.

5. Needs-based benefits.

6. Federal disability pensions that meet the offset exclusions in DI 52130.001 - Types of Federal Public Disability Benefits.

7. Federal discontinued service pensions.

8. Part B black lung benefits where the coal mine employment was covered for Social Security purposes.

   NOTE: Black Lung Part C is offsettable as WC – see DI 52115.015 – Federal Mine Safety and Health Act (FMSHA).

9. Railroad disability pensions paid under the Railroad Unemployment Insurance Act. See DI 52105.001 – Reverse Offset Plans.

10. Radiation Exposure Compensation Act payments

11. Public Safety Officer Benefit Act payments.

12. Energy Employee’s Occupational Illness Compensation Program (EEOICP) payments to Department of Energy employees, contractors or subcontractors with a work related injury or illness.

13. Crime Victim Compensation awards for injuries suffered as a result of a compensable crime.

14. Any benefit offsettable as WC. (If there is any question, develop to determine if the payment was made under a WC law or plan.)