Frequently Asked Questions on the Retroactive Transit Subsidy Reimbursement

Who is eligible for retroactive transit subsidy reimbursement?

Gavel on a stack of moneyThe Agency will provide retroactive transit reimbursement to current and separated employees enrolled in the HHS Public Transportation Subsidy Program (“Transshare”) in 2012, 2013 and 2014. If your actual commuting costs exceeded the subsidy cap of $125 per month during the period of January 1, 2012, through February 28, 2013, and/or $130 per month for 2014, you may be eligible for a retroactive reimbursement.

What should I do if I think I am entitled to a retroactive subsidy award?

You will receive an email notification of eligibility and a formal letter in the mail detailing the amount you are owed. Follow the instructions, complete the form, certify with your signature if you agree with the amount you are owed.  If you disagree, complete the dispute form. You must respond within 30 days of receipt of the letter or you will be deemed to have waived your right to receive payment.

What if I did not receive an email or letter but I think I am eligible?

Contact the agency no later than May 9, 2017:

Tim Brown
Deputy Director, Administrative Operations Portfolio
Program Support Center
U.S. Department of Health and Human Services
7700 Wisconsin Ave.
Mail Stop 7209C
Suite 7208
Bethesda, MD 20857

Am I eligible for a retroactive subsidy award if I am a teleworker?

Yes. However, you will not be entitled to subsidy payments on days you did not use public transportation to get to and/or from work.

Am I eligible for periods of vacation, or any other workdays when I did not commute by mass transit?

You will not be entitled to subsidy payments on days you did not use public transportation to get to and/or from work.

When will I be paid and how?

The Agency is working with DFAS to issue payments as soon as possible. Where possible, payments will be issued at once. If that is not possible, payments will be made for 2012 and 2013 first.

Will payments be taxed?

Yes. Taxes will be withheld; however, NTEU is challenging the tax liability issue through litigation. Our goal is to reimburse employees for withheld taxes on these transit subsidy payments.

What do I do if the agency miscalculated my payment?

Complete the dispute form that you received along with the notification letter. Return it to the agency within 30 days of receipt, or as soon as possible. You are not required to provide receipts or other supporting evidence.

What will happen if my dispute is not resolved?

NTEU will request a final, written decision for all unresolved disputes. For disputed amounts that were improperly denied by the agency, NTEU will invoke arbitration.

Will I be entitled to retro reimbursements for 2015?

This settlement does not cover FY 2015.  However, NTEU is working to settle the issue for 2015, and we will notify you when an agreement has been reached.

Author: chapterpresident

I have worked in the FDA since 1990 in a variety of positions. I currently serve as chapter president of NTEU Chapter 254, representing FDA employees in Arkansas, Colorado, Iowa, Kansas, Missouri, Nebraska, New Mexico, Oklahoma, Texas, and Utah.