Office of Inspector General


U.S. Department of Labor
Office of Audit
 
 

LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT
SPECIAL FUND

FINANCIAL STATEMENTS
AND RELATED REPORTS
SEPTEMBER 30, 1997
AND 1996

 Issue Date: May 14, 1998
 Report No: 12-98-004-04-432


May 14, 1998
 
 

MEMORANDUM FOR:         BERNARD ANDERSON
                                                  Assistant Secretary
                                                      for Employment Standards
 

FROM:                                    JOHN J. GETEK
                                                  Assistant Inspector General
                                                      for Audit

SUBJECT:                            Final Audit Report No. 12-98-004-04-432
                                                 Longshore and Harbor Workers' Compensation Act
                                                 Special Fund Financial Statements and Related Reports; and
                                                 Final Audit Report No. 12-98-005-04-432
                                                 District of Columbia Workmen's Compensation Act
                                                 Special Fund Financial Statements and Related Reports
                                                 September 30, 1997 and 1996

Attached are copies of the referenced audit reports which cover Fiscal Years 1997 and 1996 financial statements of each Special Fund.

The Assistant Inspector General's Reports on these two special funds state that the financial statements present fairly, in all material respects, the financial position of the Longshore and Harbor Workers' Compensation Act Special Fund and the District of Columbia Workmen's Compensation Act Special Fund.

The Longshore report includes a single recommendation that ESA strengthen internal controls over rehabilitation service costs by automating the rehabilitation payment system.  This recommendation was brought to management's attention in the report on the audit of the Department of Labor's FY 1997 Consolidated Financial Statements (12-98-002-13-001) and will be tracked for audit resolution under that report. Therefore, a response to this report is not necessary.

The District of Columbia report does not contain any recommendations.

We appreciate the cooperation of all ESA staff involved in this year's audit. If you have any questions, please contact Elliot Lewis, Director, Office of Financial Management Audits, at 219-5906.

Attachments 



 


CONTENTS


 


                                                                                                                                        PAGE

ACRONYMS                                                                                                                      ii

ASSISTANT INSPECTOR GENERAL'S REPORT                                                   1.1

LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT                    2.1
   SPECIAL FUND FINANCIAL STATEMENTS

    Introduction                                                                                                                     2.5

    Financial highlights                                                                                                        2.5

    Program performance                                                                                                   2.6

    Limitations on financial statements                                                                              2.6

    Statements of financial position                                                                                   2.8

    Statements of operations and changes in net positi                                                  2.9

    Statements of cash flows                                                                                               2.10

   Notes to financial statements                                                                                         2.11

   Findings & Recommendations                                                                                       3.1
 
 

Page i


ACRONYMS




DCCA         District of Columbia Workmens' Compensation Act Special Fund

DOL            Department of Labor

DLHWC      Division of Longshore and Harbor Workers Compensation

ESA           Employment Standards Administration

FASAB        Federal Accounting Standards Advisory Board

FMFIA        Federal Managers' Financial Integrity Act

FY                Fiscal Year

JFMIP         Joint Financial Management Improvement Project

LCMS          Longshore Case Management System

LHWCP       Longshore and Harbor Workers Compensation Program

OMB            Office of Management and Budget

OWCP          Office of Workers' Compensation Programs
 
 

 Page ii

U.S. Department of Labor               Office of Inspector General
                                                                  Washington, D.C. 20210
 

Assistant Inspector General's Report


 


Mr. Bernard Anderson
Assistant Secretary for Employment 
Standards
U.S. Department of Labor

The Chief Financial Officers Act of 1990 (CFO Act) requires agencies to report annually to Congress on their financial status and any other information needed to fairly present the agencies' financial position and results of operations. The District of Columbia Workmen's Compensation Act Special Fund (Fund) is included in the United States Department of Labor (DOL) annual financial statements issued to meet the CFO Act reporting requirements. 

The objective of our audit is to express an opinion on the fair presentation of the Fund's Fiscal Years (FYs) 1997 and 1996 financial statements. 

Our objective also is to obtain an understanding of the Fund's internal control and test its compliance with laws and regulations that could have a material effect on the financial statements. 

We conducted our audit in accordance with generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Bulletin 93-06, Audit Requirements for Federal Financial Statements, as amended. These standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, 

 

on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. 

As required by OMB Bulletin 94-01, Form and Content of Agency Financial Statements, Note 1 to the financial statements describes the accounting policies used by the Fund to prepare the financial statements, which is a comprehensive basis of accounting other than generally accepted accounting principles. 

Opinion on
Financial Statements

We have audited the accompanying statements of financial position of the District of Columbia Workmen's Compensation Act Special Fund as of September 30, 1997 and 1996, and the related statements of operations and changes in net position, and cash flows for the years then ended. In our opinion, the financial statements referred to above present fairly, in all material respects, in conformity with the accounting policies described in Note 1: 
 
 

  • the financial position of the Fund as of September 30, 1997 and 1996; and 
  • the results of operations, changes in net position, and cash flows of the Fund for the years ended September 30, 1997 and 1996.

Page 1.1


 
Overview of the Reporting Entity

Our audit was conducted for the purpose of forming an opinion on the 1997 and 1996 financial statements of the Fund taken as a whole. The information in the Overview of the Reporting Entity is presented for purposes of additional analysis and is not a required part of the principal financial statements. This additional information has not been subjected to the auditing procedures applied in the audit of the Fund's financial statements and, accordingly, we express no opinion on it. 

Report on
Internal Control

In planning and performing our audit of the aforementioned financial statements, we obtained an understanding of the internal control over financial reporting, compliance with laws and regulations, and the existence and completeness assertions over performance reporting. The objective was to determine our auditing procedures for the purpose of expressing an opinion on the financial statements, and not to provide assurance on internal control over financial and performance reporting. 

We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses(1)

Report on Compliance

With Laws and Regulations

As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed 



1. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements or performance measurement information being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions.

 

tests of the Fund's compliance with certain provisions of laws and regulations, noncompliance with which could have a direct and material effect on the determination of financial statement amounts and certain other laws and regulations specified in OMB Bulletin 

93-06, as amended, including the requirements referred to in the Federal Financial Management Improvement Act of 1996 (FFMIA). However, the objective of our audit of the financial statements was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. 

The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards

Under FFMIA, we are required to report whether the Fund's financial management systems substantially comply with the Federal financial management systems requirements, applicable accounting standards, and the United States Standard General Ledger at the transaction level. To meet this requirement, we performed tests of compliance using the implementation guidance for FFMIA issued by OMB on September 9, 1997. The results of our tests disclosed no instances in which the Fund's financial management systems did not substantially comply with the three requirements discussed above. 

Management's Responsibilities

Management is responsible for: 
 
 

  • These financial statements and the overview of the reporting entity. 
  • Establishing and maintaining internal control over financial reporting, compliance with laws and regulations and performance reporting. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control policies and procedures. 
  Page 1.2 
The objectives of internal control are to provide management with reasonable, but not absolute, assurance that: 
    - obligations and costs are in compliance with applicable laws and regulations; 
    - funds, property, and other assets are safeguarded against waste, loss, and unauthorized use or misappropriation; 
    - transactions are executed in accordance with management's uathorization; 
    - assets, liabilities, revenues, and expenditures applicable to the Fund operations are properly recorded in order to maintain accountability and to permit the preparation of a) reliable financial statements, and b) other financial and statistical reports; and 
    - data that support related performance measures are properly recorded and accounted for to permit preparation of reliable and complete performance information. 
  • Complying with laws and regulations applicable to the Fund. 
Auditors' Responsibilities

Our responsibilities are to: 
 
 

  • Express an opinion on the Fund's financial statements, based on our audit. 
  • Obtain an understanding of the Fund's internal control over financial reporting and compliance, and report the results of this review, including the extent to which noted weaknesses may materially affect the financial statements taken as a whole. 
  • Obtain an understanding of the Fund's internal control over performance measurement data as it relates to the existence and completeness assertion; assess related risks, but not test the underlying data; and report matters
considered to be reportable conditions, as defined above. 
  • Perform tests of the Fund's compliance with certain provisions of laws and regulations and report the results of our tests, including any noncompliance that could materially affect the financial statements. 
Because of inherent limitations in any internal control, errors, irregularities, losses, noncompliance, or misstatements may nevertheless occur and not be detected. Also, projection of any evaluation of the internal control to future periods is subject to the risk that the procedures may become inadequate because of changes in conditions, or that the effectiveness of the design and operation of policies and procedures may deteriorate. 

To fulfill these responsibilities, we: 
 
 

  • Reviewed the appropriate reports of: GAO, DOL, OIG, and other previously issued reports relative to the scope of our financial statement audit. 
  • Obtained an understanding of management's process for evaluating and reporting on internal control and accounting systems as required by the Federal Managers' Financial Integrity Act (FMFIA). We also compared the material weaknesses reported in the Department's FMFIA report that relate to the financial statements under audit to the reportable conditions found during the evaluation we conducted of the Department's internal control. However, our objective was not to provide an opinion on overall compliance with such provisions. 
  • Obtained an understanding of the design of relevant internal control policies and procedures and whether they had been placed in operation.
Page 1.3 
  • Assessed control risk(2)
  • Performed tests of significant controls on a selected basis. 
  • Tested compliance with selected provisions of laws and regulations which may materially affect the financial statements and certain other laws and regulations designated by the Office of Management and Budget in Bulletin 93-06, as amended, including the requirements referred to in the Federal Financial Management Improvement Act of 1996 (FFMIA). 
  • Reviewed internal controls pertaining to the existence and completeness assertions for systems producing performance measures in DOL's overview of the reporting entity. 
  • Examined, on a test basis, evidence supporting the amounts and disclosures in the financial statements. 
  • Assessed the accounting principles used and significant estimates made by management. 
  • Evaluated the overall financial statement presentation. 
This report is intended for the information of the U.S. Department of Labor management. This restriction is not intended to limit the distribution of this report, which is a matter of public record. 
 

        / s / 
JOHN J. GETEK 
Assistant Inspector General for Audit 

February 6, 1998 


2. Control risk assesses the likelihood that a material misstatement would occur (inherent risk) and not be prevented or detected on a timely basis by the Department's internal controls.

 

Page 1.4

U. S. DEPARTMENT OF LABOR
EMPLOYMENT STANDARDS ADMINISTRATION
LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT SPECIAL FUND
FINANCIAL STATEMENTS AND
RELATED REPORTS
SEPTEMBER 30, 1997 AND 1996
District of Columbia Workmen's Compensation Act Special Fund Financial Statements and Related Reports - September 30, 1997 and 1996
Office of Management, Administration and Planning
Division of Financial Management



 
 
 

Page 2.1


LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT SPECIAL FUND
TABLE OF CONTENTS

                                                                                                                               PAGE

ACRONYMS                                                                                                            ii

OVERVIEW OF THE REPORTING ENTITY

Introduction                                                                                                      I - 1
Financial highlights                                                                                         I - 1
Program performance                                                                                    I - 2
Limitations on financial statements                                                               I - 2
FINANCIAL STATEMENTS
Statements of financial position                                                                   II - 1
Statements of operations and changes in net position                             II - 2
Statements of cash flows                                                                              II - 3
NOTES TO FINANCIAL STATEMENTS
Note 1 - Summary of Significant Accounting Policies                               III - 1
Note 2 - Fund Balances With U.S. Treasury                                               III - 3
Note 3 - Investments                                                                                      III - 4
Note 4 - Accounts Receivable, Net                                                              III - 5
Note 5 - Liabilities Not covered By Budgetary Resources                        III - 5
Note 6 - Net Position                                                                                     III - 6
Note 7 - Program Operating Expenses                                                       III - 6
Note 8 - Related Party Transactions                                                            III - 6
 
This report has been prepared pursuant to the Chief Financial Officers Act of 1990 (P.L. 101-576) for the Director of the Office of Management and Budget (OMB) under the direction of OMB Bulletin 94-01 and pursuant to the Longshore and Harbor Workers' Compensation Act Amendments of 1984 (P.L. 98-426)
 

i



LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT SPECIAL FUND
ACRONYMS

CFO            Chief Financial Officer

DCCA         District of Columbia Workmens' Compensation Act Special Fund

DLHWC      Division of Longshore and Harbor Workers Compensation

DOL            Department of Labor

ESA           Employment Standards Administration

FASAB        Federal Accounting Standards Advisory Board

FMFIA        Federal Managers' Financial Integrity Act

FUND          Longshore and Harbor Workers' Compensation Act Special Fund

FY                Fiscal Year

JFMIP         Joint Financial Management Improvement Project

LCMS          Longshore Case Management System

LHWCP       Longshore and Harbor Workers Compensation Program

OCFO          Office of the Chief Financial Officer

OMB            Office of Management and Budget

OWCP          Office of Workers' Compensation Programs
 


ii



U. S. DEPARTMENT OF LABOR
EMPLOYMENT STANDARDS ADMINISTRATION
 
 

SECTION I
OVERVIEW TO THE
REPORTING ENTITY
 

Fiscal Year 1997
Financial Statements


 



 
 
 
 

 Page 2.4 


LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT SPECIAL FUND
OVERVIEW TO THE REPORTING ENTITY
SEPTEMBER 30, 1997


INTRODUCTION

The reporting entity is the Longshore and Harbor Workers' Compensation Act Special Fund (Fund). The Fund is administered by the Employment Standards Administration (ESA) which is an agency within the United States Department of Labor. Within ESA, the Division of Longshore and Harbor Workers' Compensation has direct responsibility for administration of the Fund. The Fund provides compensation, and in certain cases, medical care payments to employees disabled from injuries which occurred on the navigable waters of the United States, or in adjoining areas used for loading, unloading, repairing, or building a vessel. The Fund also extends benefits to dependents if any injury resulted in the employee's death.

Administrative services for operating the Fund are provided by the Division of Longshore and Harbor Workers' Compensation through direct Federal Appropriations. Appropriated funding for administrative services is not reflected in the accompanying statements.

Additionally, the Longshore and Harbor Workers' Compensation Act [Section 10(h)] provides annual wage increase compensation (cost of living adjustments). Fifty percent of this annual wage increase for pre-1972 compensation cases is paid by Federal appropriated funds, and fifty percent is paid by the Fund through the annual assessment. Appropriated funding for 10(h) is not reflected in the accompanying financial statements.

FINANCIAL HIGHLIGHTS

Approximately 95 percent of the revenue of the Fund during FY 1997 ($110.1 million out of a total of $115.6 million) is generated through annual recurring assessments paid by self-insured employers and insurance carriers. This compares with 93 percent ($113.3 million out of a total of $121.2 million) for FY 1996. During FY 1997 and FY 1996, substantial recoveries were made for the Fund due to activities involving audits of Forms LS-513, Report of Payments (used in the calculation of the annual assessment), and negotiation/collection of past due assessments. Equally important, the audits have uncovered common reporting errors and other record-keeping mistakes which, when discovered, are being eliminated. The on-going audit program recovered $3,068,854 in FY 1997 and $5,108,274 in FY 1996 for the Fund.. These recoveries have and will continue to reduce carrier assessments.

Investment income into the Fund decreased to $2.3 million for FY 1997 from $2.6 million for FY 1996. The main reasons for the change are due to a decrease in investments of 15.20 percent during FY 1997 and the falling yield on investments which decreased by approximately 0.07 percent during FY 1997. The average interest rate earned during FY 1997 was 5.08 percent compared to 5.15 percent for FY 1996.

Total expenditures for FY 1997 were $125.0 million compared to $119.0 million for FY 1996. The increase of $6.0 million is primarily due to the increase in second injury compensation, [Section 8(f)], expenditures for FY 1997. Other expenses of the Fund remained relatively stable.
 
 

 I - 1 



LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT SPECIAL FUND
OVERVIEW TO THE REPORTING ENTITY
SEPTEMBER 30, 1997

PROGRAM PERFORMANCE

The Longshore and Harbor Workers' Compensation Act Special Fund has two programmatic responsibilities which can be quantitatively measured. This section displays these two selected standards for 1997 and 1996.

        Selected Longshore Performance Measures:

        -  Timeliness of Processing Second Injury Fund Applications:                     FY                 FY
              The program's goal for this measure is to process Second                 1997            1996
              Injury Fund applications within 45 days of receipt.

              Percentage of applications processed within 45 days                         92.1%            90.7%

        -  Vocational Rehabilitation - Positive Outcome by Service Dollars:
              This standard measures the cost effectiveness of the Longshore
              rehabilitation program in producing successful rehabilitations.

              Cost per positive outcome by service dollars                                    $ 10,554        $8,703
 
 

LIMITATIONS ON FINANCIAL STATEMENTS

The following statements of limitations on the financial statements are a required part of the accompanying overview.

 I - 2 

 U. S. DEPARTMENT OF LABOR
EMPLOYMENT STANDARDS ADMINISTRATION
 
 

SECTION II
FINANCIAL STATEMENTS
 
 

  Fiscal Year 1997
Financial Statements
 

Page 2.7



LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT SPECIAL FUND
STATEMENTS OF FINANCIAL POSITION
AS OF SEPTEMBER 30


 





                                                                                                                1997                      1996
ASSETS

  Entity assets
    Intragovernmental
      Fund balance with Treasury (Note 2)                                  $    572,234              $         54,456
      Investments (Note 3)                                                              61,192,077                 72,162,279
   Governmental assets
      Accounts receivable, net (Note 4)                                          2,410,877                  2,599,932

Total assets                                                                             $ 64,175,188            $ 74,816,667

LIABILITIES

  Liabilities covered by budgetary resources
   Intragovernmental liabilities
    Other liabilities                                                                         $                 -          $        21,395
   Governmental liabilities
     Accrued benefits payable                                                          4,402,985              4,292,640
        Total liabilities covered by budgetary resources                  4,402,985              4,314,035
 
 

   Liabilities not covered by budgetary resources (Note 5)
     Governmental liabilities
       Deferred revenue                                                                   26,961,304            27,855,817
       Other liabilities                                                                          1,663,569              2,128,618
           Total liabilities not covered by budgetary resources       28,624,873           29,984,435

           Total liabilities                                                                      33,027,858           34,298,470

NET POSITION (Note 6)
   Cumulative results of operations                                               57,022,776           67,530,035
   Future funding sources                                                                 2,749,427              2,972,597
   Future funding requirements                                                     (28,624,873)         (29,984,435)

            Total net position                                                                31,147,330           40,518,197

Total liabilities and net position                                            $ 64,175,188        $ 74,816,667
 

The Notes to Financial Statements are an integral part of these statements.
 


II - 1



LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT SPECIAL FUND
STATEMENTS OF OPERATIONS AND
CHANGES IN NET POSITION
FOR THE YEARS ENDED SEPTEMBER 30

 





                                                                                                                  1997                        1996

REVENUES AND FINANCING SOURCES
  Interest and penalties, non-federal                                             $       81,300            $      46,850
  Interest, federal                                                                                 2,344,416               2,647,248
  Assessment recoveries                                                                   3,068,854               5,108,274
  Other revenue and financing sources - assessments              110,085,657          113,348,966

Total revenues and financing sources                                          115,580,227         121,151,338

EXPENSES
  Program operating expenses (Note 7)                                       124,951,094         119,043,277

  Excess (shortage) of revenue and financing
    sources over expenses                                                         $   (9,370,867)     $   2,108,061

NET POSITION

Beginning balance                                                                       $  40,518,197      $ 38,410,136

  Excess (shortage) of revenues and financing
    sources over expenses                                                                    (9,370,867)          2,108,061

Ending balance                                                                             $  31,147,330      $ 40,518,197

 The Notes to Financial Statements are an integral part of these statements.
 


II - 2



LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT SPECIAL FUND
STATEMENTS OF CASH FLOWS
FOR THE YEARS ENDED SEPTEMBER 30



 

                                                                                                                1997                     1996

CASH FLOW FROM OPERATING ACTIVITIES
  Excess (shortage) of revenues and financing sources
    over expenses                                                                         $ (9,370,867)           $ 2,108,061

ADJUSTMENTS AFFECTING CASH FLOW
  Decrease in accounts receivable                                                    189,055                  182,428
  Increase in accrued benefits payable                                              110,344                  749,453
  Other liabilities:
    Increase (decrease) in defaulted employer liability                        (34,777)                   99,633
    Decrease in other governmental liabilities                                    (430,272)                (155,005)
    Decrease (increase) in other intragovernmental liabilities            (21,395)                    21,395
  Decrease in deferred revenue                                                          (894,513)             (1,651,252)

Total adjustments                                                                              (1,081,558)                (753,348)

    Net cash provided (used) by operating activities                    (10,452,425)              1,354,713

CASH FLOWS FROM NON-OPERATING ACTIVITIES
  Proceeds from sale of investments                                            134,532,104            140,139,554
  Purchase of investments                                                            (123,561,901)          (142,197,058)

    Net cash provided (used) by non-operating activities              10,970,203               (2,057,504)

    Net cash provided (used) by operating and
      non-operating activities                                                                  517,778                  (702,791)

Fund balance with Treasury, beginning                                        54,456                   757,247

Fund balance with Treasury, ending                                         $ 572,234             $     54,456

 The Notes to Financial Statements are an integral part of these statements.
 
 

II - 3



U. S. DEPARTMENT OF LABOR
EMPLOYMENT STANDARDS ADMINISTRATION
 
 

SECTION III

NOTES TO THE
FINANCIAL STATEMENTS
 
 

Fiscal Year 1997
Financial Statements
 

Page 2.11



LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT SPECIAL FUND
NOTES TO THE FINANICAL STATEMENTS
September 30, 1997 AND 1996



 

NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

The principal accounting policies which have been followed by the Fund in preparing the accompanying financial statements are set forth below.

A.             Basis of Presentation

These financial statements have been prepared to report the financial position and results of operations of the Longshore and Harbor Workers' Compensation Act Special Fund (Fund), as required by the CFO Act of 1990, and the Government Management Reform Act of 1994. They have been prepared from the books and records of the Fund in accordance with the form and content for entity financial statements specified by the Office of Management and Budget (OMB) in OMB Bulletin 94-01, certain supplemental provisions of OMB Bulletin 97-01 applicable to 1997 and 1996, and Department of Labor accounting policies which are summarized in Note 1. These statements are, therefore, different from the financial reports, also prepared by DOL pursuant to OMB directives, that are used to monitor and control the Funds' use of budgetary resources.

OMB Bulletin 94-01 requires that assets and liabilities be classified on the Statement of Financial Position as follows:

OMB Bulletin 94-01 requires that agencies include in their principal financial statements a Statement of Budgetary Resources and Actual Expenses. DOL management requested and OMB granted a waiver of this requirement for 1997 and 1996.

B.             Basis of Accounting

Under the authority of the CFO Act of 1990, the Federal Accounting Standards Advisory Board (FASAB) was established to recommend Federal accounting standards to the Secretary of the Treasury, the Director of the Office of Management and Budget and the Comptroller General, co-principals of the Joint Financial Management Improvement Project (JFMIP). Specific standards agreed upon by the three principals will be issued by the Director of OMB and the Comptroller General. Pending issuance of final accounting standards, FASAB has recommended and the JFMIP principals have agreed that agencies adopt for use in preparing financial statements an other comprehensive basis of accounting constituted by (1) individual standards agreed to and published by the JFMIP principals, (2) form and content requirements in OMB Bulletin 94-01 and certain provisions of OMB Bulletin 97-01 applicable to 1997 and 1996, (3) accounting standards contained in agency accounting policy, procedures manuals or related guidance, and (4) accounting principles published by authoritative standard setting bodies and other authoritative sources, (a) in the absence of other guidance in the first three parts of this hierarchy, and (b) if the use of such accounting standards improves the meaningfulness of the financial statements. ESA has adopted this other comprehensive basis of accounting for preparation of these financial statements.
 


III - 1



LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT SPECIAL FUND
NOTES TO THE FINANICAL STATEMENTS
September 30, 1997 AND 1996

 


NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued

B.             Basis of Accounting - Continued

Transactions are recorded on an accrual accounting basis and a budgetary basis. Under the accrual method, revenues are recognized when earned and expenses are recognized when a liability is incurred, without regard to receipt or payment of cash. Budgetary accounting facilitates compliance with legal constraints and controls over the use of federal funds. All interfund balances and transactions have been eliminated.

C.             Reporting Entity

The reporting entity is the Longshore and Harbor Workers' Compensation Act Special Fund (Fund). The Fund is administered by the Employment Standards Administration (ESA) which is an agency within the United States Department of Labor. Within ESA, the Division of Longshore and Harbor Workers' Compensation has direct responsibility for administration of the Fund. The Fund offers compensation, and in certain cases, medical care payments to employees disabled from injuries which occurred on the navigable waters of the United States, or in adjoining areas used for loading, unloading, repairing, or building a vessel. The Fund also extends benefits to dependents if any injury resulted in the employee's death.

Additionally, the Longshore and Harbor Workers' Compensation Act [Section 10(h)] provides annual wage increase compensation (cost of living adjustments). Fifty percent of this annual wage increase for pre-1972 compensation cases is paid by Federal appropriated funds and fifty percent is paid by the Fund through the annual assessment. Appropriated funding for 10(h) is not reflected in the accompanying financial statements.

The financial statements of the Fund do not include the salaries and expenses associated with operating the Fund. Administrative services for operating the Fund are provided by the Division of Longshore and Harbor Workers' Compensation at no cost to the Fund as these expenses are paid by Federal appropriation.

D.             Budgets and Budgetary Accounting

Budgetary accounting measures the appropriation and consumption of budget authority and other budgetary resources and facilitates compliance with legal constraints and controls over the use of Federal funds including those held in trust.

A fundamental principal of budgetary accounting is that budgetary resources are consumed at the time of purchase. Additionally, assets and liabilities which do not produce or consume current budgetary resources are not reported, and those liabilities for which a valid obligation has been established are considered to consume budgetary resources.

The Fund is a trust fund that has no direct appropriation, but the Budget Authority for the Fund is based on the receipts obtained through assessments, interest on investments, and fines and penalties. The largest single source of money for the Fund is the annual assessment. The annual appropriation for the Fund, which is available on a permanent, indefinite basis, represents the estimated receipts of the fund obtained through fines, penalties, interest on investments, and assessments.

E.             Revenues and Other Financing Sources

The Fund's primary source of revenues is annual assessments of insurance carriers and self-insured employers. Included in revenues are recoveries of amounts reassessed to carriers relating to prior years. These reassessments primarily result from audits of reported carrier payment data. During 1997 and 1996 these recoveries amounted to $3,068,854 and $5,108,274, respectively. Other sources of revenues are interest income, fines and penalties, and death
 


III - 2



LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT SPECIAL FUND
NOTES TO THE FINANICAL STATEMENTS
September 30, 1997 AND 1996

 






NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued

A.             Revenues and Other Financing Sources - Continued

benefit proceeds. Other revenues are recognized when earned, i.e., goods have been delivered or services rendered.

F.             Funds with the U.S. Treasury and Cash

The Fund does not maintain cash in commercial bank accounts. Cash receipts and disbursements are processed by the U.S. Treasury. The Funds with U.S. Treasury are trust funds that are available to pay current liabilities and finance authorized purchase commitments.

G.             Investments in U.S. Government Securities

Investments in U.S. Government securities are reported at cost, net of unamortized premiums or discounts, which approximates market value. Premiums or discounts are amortized into interest income over the term of the investment. The Fund's intent is to hold investments to maturity, unless they are needed to finance claims or otherwise sustain the operations of the Fund. No provision is made for unrealized gains or losses on these securities because, in the majority of cases, they are held to maturity.

H.             Liabilities

Liabilities represent the amount of monies or other resources that are likely to be paid by the Fund as the result of a transaction or event that has already occurred.

I.             Contingencies and Commitments

In the opinion of the management of the Fund and its legal counsel, there is no pending of threatened litigation which has a reasonable possibility of materially affecting the financial position or results of operations of the fund.

Section 39(c)(2) of the Longshore and Harbor Workers' Compensation Act authorizes vocational rehabilitation of disabled employees and Section 8(g) provides additional compensation to disabled employees while undergoing rehabilitation training. Rehabilitation services paid from the Fund are mainly provided by private counselors and private training facilities. The rehabilitation agreements are funded by future assessments from the insurance carriers and self-insured employers. The amount of the outstanding rehabilitation agreements at September 30, 1997, is $3,306,382.

J.             Reclassification

Certain amounts for 1996 have been reclassified to conform with the 1997 presentation of those amounts.

 NOTE 2 - FUND BALANCE WITH TREASURY

The detail of fund balance with Treasury, for the Fund at September 30, 1997 and 1996 is as follows:

                                                                              September 30, 1997

                                             Obligated                       Unobligated

                                                                        Available         Restricted       Total
 

Trust Funds                             $           -             $ 572,234      $          -      $572,234
 
 

III - 3



LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT SPECIAL FUND
NOTES TO THE FINANICAL STATEMENTS
September 30, 1997 AND 1996

 


NOTE 2 - FUND BALANCE WITH TREASURY - Continued

                                                                                                 September 30, 1997

                                                                Obligated                       Unobligated

                                                                                           Available         Restricted           Total

Trust Funds                                     $           -                   $   54,456      $            -            $54,456

Funds with the U.S. Treasury at September 30, 1997 and 1996, include $125,001 and $13,330 respectively, which is being held as security by authority of Section 32 of the Longshore and Harbor Workers' Compensation Act. These funds relate to the default of self-insured employers. These funds are available for payment of compensation and medical benefits to covered employees of the defaulted companies.

 NOTE 3 - INVESTMENTS

The detail of investments, for the Fund at September 30, 1997 and 1996, are as follows:

                                                                                              September 30, 1997
                                                                                  Market
                                                          Face               Value                    Discount                Net

Intragovernmental securities
Marketable                                   $ 61,865,000     $ 61,192,077      $ (672,923)      $61,192,077
 

                                                                                           September 30, 1997

                                                                                 Market
                                                           Face              Value                    Discount                Net

Intragovernmental securities
Marketable                                   $ 73,145,000     $ 72,162,279      $ (982,721)     $ 72,162,279

Investments of $ 1,245,649 and $ 1,392,097 for 1997 and 1996, respectively, are being held as security by authority of Section 32 of the Longshore and Harbor Workers' Compensation Act. These held investments relate to the default of self-insured employers and are restricted. These investments are available for payment of compensation and medical benefits to covered employees of the defaulted companies. Management estimates that the investments held will be sufficient to cover the future benefit associated with these covered employees. Investments at September 30, 1997 and 1996, consist of short-term U.S. Treasury Bills and are stated at amortized cost which approximates market. Investments at September 30, 1997, bear interest rates varying from 4.40% to 5.35% compared to rates varying from 4.93% to 5.24% for 1996.
 
 

III - 4


LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT SPECIAL FUND
NOTES TO THE FINANICAL STATEMENTS
September 30, 1997 AND 1996



 


NOTE 4 - ACCOUNTS RECEIVABLE, NET

The detail of accounts receivable for the Fund at September 30, 1997 and 1996, is as follows:

                                                                                                           1997                    1996

Entity
  Governmental
      Assessments receivable                                                     $ 2,562,521           $ 2,347,789
      Claimant overpayments                                                             941,356                  987,143
      Less: allowance for doubtful accounts                                  (1,093,000)              (735,000)

          Total accounts receivable, net                                         $ 2,410,877           $ 2,599,932

Assessments receivable represent the unpaid annual assessments from the current and prior years. Accounts receivable from overpayments to claimants arise primarily from amended compensation orders and corrections of payment computations. These receivables are being primarily recovered by partial and total withholding of benefit payments.

NOTE 5 - LIABILITIES NOT COVERED BY BUDGETARY RESOURCES

The detail of liabilities not covered by budgetary resources, for the Fund at September 30, 1997 and 1996, is as follows:

                                                                                                       1997                                  1996
 

                                                                                                     Current                              Current

                                                                                                    Liabilities                         Liabilities

Governmental liabilities
  Deferred revenue                                                                $ 26,961,304                   $ 27,855,817
  Other liabilities
    Assessment overpayments by carriers                                   292,919                           723,191
    Defaulted employer liability
    Held in investments                                                                1,245,649                        1,392,097

      Held in cash                                                                              125,001                             13,330
                                                                                                       1,370,650                       1,405,427

Total other liabilities                                                                    1,663,569                       2,128,618

Total liabilities not covered by budgetary resources          $ 28,624,873                  $ 29,984,435

Assessment overpayments are to be refunded upon request or applied to reduce future assessments.

Defaulted employer liability relates to funds and investments held by the Longshore Special Fund which are being held as security by authority of Section 32 of the Act. These funds and investments are available for compensation and medical benefits to covered employees of the defaulted companies. Management estimates that these funds and investments held will be sufficient to cover the future benefits associated with the covered employees.

Deferred revenues represent the unearned assessment revenues as of September 30, the Fund's accounting year end. The annual assessments cover a calendar year and, accordingly, the portion extending beyond September 30 has been deferred.
 


III - 5


LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT SPECIAL FUND
NOTES TO THE FINANICAL STATEMENTS
September 30, 1997 AND 1996


NOTE 6 - NET POSITION

The detail of net position for the Fund at September 30, 1997 and 1996, is as follows:

                                                                                                                1997                   1996

Cumulative results of operations                                                 $ 57,022,776        $ 67,530,035
Future funding sources
  Accounts receivable                                                                         2,410,877             2,599,932
  Accumulated accretion of discount
    on investments                                                                                   338,550                 372,665
    Total future funding sources                                                           2,749,427             2,972,597
Future funding requirements
  Deferred revenue and other governmental liabilities                 (28,624,873)        (29,984,435)

Total net position                                                                           $ 31,147,330       $ 40,518,197

 NOTE 7 - PROGRAM OPERATING EXPENSES

The detail of program operating expenses, for the Fund at September 30, 1997 and 1996, is as follows:

                                                                                                                    1997                         1996
 

Operating Expenses by Object Classification:
  Insurance claims, indemnities, and other benefits
    Second injury compensation, Section 8(f)                                 $ 113,366,058       $ 107,081,013
    Wage increase compensation, Section 10(h)                                   2,573,160              2,640,419
    Compensation payment for self-insurer in default, Section 18(b)    4,481,428              4,692,363
    Rehabilitation services 39 (c) (Note 8)                                               4,055,170               3,997,713
    Rehabilitation maintenance, Section 8(g)                                              115,260                 113,440
    Medical services, Section 7(e)                                                                    2,018                      7,109
                                                                                                                124,593,094           118,532,057
  Bad debts and write-offs                                                                           358,000                   511,220
    Total program operating expenses                                             $ 124,951,094        $ 119,043,277

 NOTE 8 - RELATED PARTY TRANSACTIONS

The Fund reimburses the Office of Workers' Compensation Programs (OWCP) (a related entity within the Employment Standards Administration) for rehabilitation services provided to eligible claimants and certain direct expenses associated with administrative support of the Fund. Amounts paid to the OWCP were
$ 983,000 in 1997 and $ 1,003,000 in 1996.
 
 

 III - 6 



FINDING AND RECOMMENDATION

 


Rehabilitation payment process

This finding, as well as our recommendation and management's response, was included in it's entirety in OIG's FY 1997 consolidated financial statement audit report number 12-98-002-13-001, Appendix A, page 3.74.

During our FY 1997 audit of the Longshore and Harbor Workers' Compensation Act (LHWCA) special fund, weaknesses were identified in the internal controls for the reporting and authorization of payments to rehabilitation service providers. The weaknesses identified pertain to the controls between the District Offices' submission of bills and the National office final authorization for payment. Specifically:
 
 

As a result of this finding we recommend that the Acting Chief Financial Officer and the Assistant Secretary for Employment Standards ensure that ESA strengthen the internal controls surrounding the recording, authorization and payment of rehabilitation services costs. Specifically, ESA should fully automate the rehabilitation payment system and include, at a minimum, the following controls:
  Management's Response

We agree that an automated system would increase existing controls, and we are developing such a system. It will provide a secure record of the amounts obligated by the Rehabilitation Specialist in the district office, against which bills submitted for payment can be compared.

The system will permit payment only to authorized payment providers and on behalf of eligible claimants with adequate controls over entry of vendors and claimants. Procedures will be developed to ensure timeliness of entry and payment.


We expect to have the system in place by the end of FY 1998. We welcome continuing review and comment from your office on the system which is being developed, and invite the OIG to review the system specifications and test the application software prior to full implementation.

OIG's Conclusion

We agree with management that the proposed corrective actions will increase existing controls. OIG commends the efforts Longshore management has taken so far to provide corrective measures. OIG welcomes management's invitation to review and comment on the development of this system, and will make every effort to provide timely feedback.
 
 

Page 3.2


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