POMS Reference

SI 00830: Unearned Income

TN 93 (06-04)

Citations:

P.L. 101-426, as amended by P.L. 101-510 and P.L. 106-245

A. Background

Fallout emitted during the U.S. Government's atmospheric nuclear testing in Nevada during the 1950's and during a brief period in 1962 exposed some individuals to doses of radiation that put their health at risk. In addition, some individuals employed in uranium mines during the period January 1, 1942 to December 31, 1971 were exposed to large doses of radiation. Public Law 101-426 created the Radiation Exposure Compensation Trust Fund (RECTF) and authorizes the Department of Justice (DOJ) to make compensation payments to individuals (or their survivors) that were found to have contracted certain diseases after the exposure. The payments will be made as a one-time lump sum. Generally, the exposure occurred in parts of Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, and Texas.

B. Policy

1. RECTF Payments

Payments from the RECTF are excluded from income.

2. Interest on Unspent RECTF Funds

Prior to July 1, 2004, interest earned on unspent RECTF funds is counted as income. For SSI benefits payable on or after July 1, 2004, interest earned on unspent RECTF funds is excluded from income. (See SI 00830.500C.)

C. Procedure

Use documents in the individual's possession to verify that the payment is from the RECTF. Obtain the individual's statement either signed or recorded on a DROC of the amount and date of receipt if it is not evident from the documents. See GN 00301.285 through GN 00301.289.

If the individual has no documents or there is reason to question the source of the payments, obtain verification from:

The Radiation Exposure Compensation Program
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146

Use the individual's name and Social Security number (SSN) as identifying information when writing to the DOJ. When writing on behalf of a survivor, also include the survivor's name and SSN.

NOTE: DOJ does not require the individual's consent to release this information to SSA and will accept inquiries directly from the servicing FO.

D. Reference

Exclusion of Radiation Exposure Compensation Trust Fund payments from resources, SI 01130.680