Full Replacement Value & Claims J.D. REESE Chief, Air Force Claims Service Center Air Force Claims and Tort Litigation Dayton, OH DoD “Personnel Claims” What is Our Authority? • Authority to Pay Claims – Military Personnel and Civilian Employees’ Claims Act: 31 USC 3721 (aka PCA) – Each Service’s Claims Directives – Service Agreements w/ Industry (e.g., ALDG) • Authority to Recover from TSPs – Fed’l Claims Collection Act: 31 USC 3711-3720E – Each Service’s Claims Directive – Service Agreements w/ Industry (50/50 refund requests) Personnel Claims Claims Service “At a Glance” • Different Business Models for Payments and Recovery – Decentralized: Army payment, semi-centralized recovery – Regional: Navy/MC, regionalized payment and centralized recovery – Centralized: AF payment and recovery operations centralized in Dayton, OH Air Force Personnel Claims Structure • Air Force Claims and Tort Litigation Division (AFLOA/JACC) – Under command of AFLOA/CC – Six Claims Branches: Aviation/Admiralty, Medical, Foreign Claims, General Torts, Medical Cost Recovery, Claims Service Center • Air Force Claims Service Center (AFLOA/JACC-CSC) – Dayton, OH – Opened Mar 07 w/ 108 personnel • 81 active duty • 27 civilians – Reorganized to 31 civilians due to FRV Air Force Claims Points of Contact • Air Force Claims Service Center – 1050 Forrer Blvd, Dayton OH 45420 – DSN 986-8044 or (937) 656-8044 – 1-877-754-1212 (toll free) – Email: AFCSC.JA@wpafb.af.mil AFCSC Operations • Online claims submittal: – https://claims.jag.af.mil • Email to organizational box: – We’ll manually input into our system • Fax to AFCSC – We’ll manually input into our system • USPS (Uncle Sam’s Postal Service) – We’ll manually input into our system AFCSC Stats Pre & Post FRV • FY10 YTD, the CSC settled 2,319 claims in avg of 4.19 days with a 96% asserted v. collected (AVC) rate for CRs • FY09, the CSC settled 3,760 claims in avg of 3.85 days with a 92% asserted v. collected (AVC) rate for CRs • FY08, the CSC settled 9,685 claims in avg of 3.75 days, 95% AVC • FY07, the CSC settled 8,397 claims in avg of 10 days, 95% AVC • Historical rates (prior to CSC standup): – – – – – – FY06 – 16,224 claims, 90% w/in 8.3 days, 86.1% AVC FY05 – 18,377 claims, 90% w/in 5.1 days, 84.7% AVC FY04 – 18,846 claims, 90% w/in 5.1 days, 84.5% AVC FY03 – 20,051 claims, 90% w/in 4.7 days, 85.3% AVC FY02 – 22,235 claims, 90% w/in 4.7 days, 83.6% AVC FY01 – 24,912 claims, 90% w/in 5.3 days, 82% AVC Living in an FRV/DP3-World • Massive shift in focus as claimants must settle directly with TSPs under DP3 – 90%-95% of HHG claims will not be settled directly by DoD claims offices – Caring for Airmen will continue via indirect methods (e.g., call center advising on DP3 system—CSC answered avg of 57 calls per day 1 Jan 09-present) Everything you wanted to know about FRV (but were afraid to ask!) • Began Oct/Nov 2007 • Members encouraged to file directly with TSPs w/ in 9 months of delivery • Can transfer to service if not satisfied w/ TSP’s offer • Can file directly w/ service, but must sign waiver— depreciated value only! • Customer satisfaction? We’re not sure! – Haven’t heard from anyone who really likes it – Hear fairly frequently from those who really don’t – A large majority we don’t hear from at all • Either they’re satisfied, or • They’re tired of getting beat into the ground and just give up! FRV Continued… • Carrier pays Full Replacement Value • Carrier liability is $4 per lb times net shipment wt, but not more than $50K • Max liability is $5K even if shipment wt less than 1250 lbs • Carrier inspects, responsible to set up repairs • Can replace with like item FRV Brave New World • Experience with FRV claims reveals “gap” in ability of claimants to receive FRV. • Claimants cannot get FRV when TSP not liable for loss and damage • FRV paid to members in limited situations: – Acts of God – Losses at sea – Multiple TSP handlers • FRV “Gap” legislation enacted 7 Jan 11 FRV Brave New World Cont… • Numbers down very significantly • Does this mean “business” is less for DoD Claims offices and personnel? • Increasing assistance to claimants in dealing with TSPs and in working DPS issues • Mediation • Offices now documenting effort to reflect changing personnel utilization – to quantify work so to reflect different quality of effort • Always looking at adjusting system Offsets • Service claims organizations collect from TSPs not only by negotiation/check deposits, but also offsets • HHG loss/damage claims arising out of DPMs also can lead to offsets • No offset capability for military claims services now • $250k backlog; other Claims Services have same issue • • • • Powertrack issues with HHG claims offset function E-bill in Lieu of Offsets proposal Status of EILO???? Upshot: unsatisfactory for Claims Services The Future… • • • • • Direct settlement has changed the landscape No going back Offset issue must be solved! Claims services adjusting to the different work Clear skies ahead??