Background - CI_12800

professional liability insurance premiums on behalf of qualified employees. When enacted, the

law authorized but did not require agencies to pay a portion of the premiums. Public Law 106-

5 8, September 29, 1999, amended PL 104-208 by requiring agencies to pay a portion of a

qualified employee's professional liability insurance premiums. Generally, when an employee

is sued while acting in the scope of his or her job responsibilities, the U.S. Department of

Justice (DOJ) assigns an attorney at no cost to the employee. However, in certain limited

circumstances, DOJ may determine that defending the employee is not in the best interest of

the Government, and therefore, may refuse to defend the employee. In such instances, an

employee would be responsible for the payment of his or her own defense.

EFFECTIVE DATE AND NOTIFICATION REQUIREMENT. By law, the effective date of

this policy is October 1, 1999. All qualified employees must be notified of this policy and the

opportunity for reimbursement and provided the appropriate program information.

DEFINITIONS.

The definitions in (1) and (2) below are based in 5 U.S.C. Section 7103 and apply to

civilian employees of executive agencies.

(1) The term "supervisor" means an individual employed by an agency having the

authority in the interest of the agency to hire, direct, assign, promote, reward, transfer,

furlough, layoff, recall, suspend, discipline, or remove employees, to adjust their

grievances, or to effectively recommend such action, if the exercise of the authority is

not merely routine or clerical in nature but requires the consistent exercise of

independent judgment, except that, with respect to any unit which includes

firefighters or nurses, the term "supervisor" includes only those individuals who

devote a preponderance of their employment time to exercising such authority.

Determinations on employee eligibility for liability insurance reimbursement as a

supervisor must be consistent with the determinations on supervisory status for labor

relations purposes.

(2) The term "management official" means an individual employed by an agency in a

position the duties and responsibilities of which require or authorize the individual to

formulate, determine, or influence the policies of the agency. Determinations on

employee eligibility for liability insurance reimbursement as a management official

must be consistent with determinations on management official status for labor

relations purposes.

The term "law enforcement officer" (LEO) means an employee, the duties of whose

position are primarily the investigation, apprehension, prosecutions or detention of

individuals suspected or convicted of offenses under the criminal laws of the United

States, including any law enforcement officer under section 833 1(20) or 8401(17) of Title

5, U.S.C., or under Section 4823 of Title 22, U.S.C.