Policy: AmeriCorps Member Living Allowance and Benefits

This document contains AmeriCorps Regulations (Title 45: Public Welfare – Part §2522) and Policy FAQs (marked with “C” and number) which are not in a colored box like the rest of the manual, because TCN felt the individual headings would be more user friendly for Subgrantees to quickly find what they need. TCN clarification guidance is noted. As of 2018, AmeriCorps no longer publishes the Policy FAQs, but these policies are still applicable.

Living Allowance Distribution

§2522.245 How are living allowances disbursed?
A living allowance is not a wage and programs may not pay living allowances on an hourly basis. Programs must distribute the living allowance at regular intervals and in regular increments, and may increase living allowance payments only on the basis of increased living expenses such as food, housing, or transportation. Living allowance payments may only be made to a participant during the participant’s term of service and must cease when the participant concludes the term of service. Programs may not provide a lump sum payment to a participant who completes the originally agreed-upon term of service in a shorter period of time. [73 FR 53760, Sept. 17, 2008]

TCN: If a member serves all required hours and is permitted to conclude his or her term of service before the originally agreed upon end of term, the grantee may not provide a lump sum payment to the member. Similarly, if a member is selected after the program’s start date, the grantee must provide regular living allowance payments from the member’s start date and may not increase the member’s living allowance incremental payment or provide a lump sum to make up any missed payments.

What factors should be considered in deciding how the living allowance will be disbursed?
The way you distribute the living allowance should be based on the program design described in the grant application and approved by The Corps Network in the grant award. The Member Service Agreement must stipulate that members receive a living allowance paid every [frequency such as every 2 weeks, 1 week] over a specified term of service AND members serve a specific term of service. Members make a commitment for a specified term and receive help with living expenses during the term.

The basic concept is to have all members serving similar terms of service and receive the same stipend payment. Generally the rule is that the maximum living allowance offered by a program is divided by the length of the service term so the payments are spread out evenly throughout the term of service. Therefore, the payment for someone serving a 10-month term of service could be higher than someone serving a 12-month term of service. As a result, a site could have 2 or more members with different contracts and therefore different payments.

Q: Once a term of service has been set in the Member Service Agreement, can it be shortened without the members losing any of their living allowance?
A: No, you can’t re-negotiate the contract to have them finish early and get the full living allowance. They contracted to serve both specific hours and for a specific period of time. However, if a member can’t complete within the specified term and you want to re-calculate the living allowance to pay it at a lower rate over a longer term, you could do so. AmeriCorps discourages that because members should generally finish within their specified period.

Q: We have a staggered time-frame for how long our members serve. Can we specify the timeline for the member’s service in the contract and pay higher monthly living allowances to the members who complete in June, vs. August and September?
A: Yes, in this scenario, if you have three different terms of service performing different activities, presumably in different locations. You would generally not want to pay members serving in the same location different levels of living allowance unless you are very clear about the differences in terms of service and activities.

§2522.240 What financial benefits do AmeriCorps participants serving in approved AmeriCorps positions receive?

(b) Living allowances—(1) Amount. Subject to the provisions of this part, any individual who participates on a full-time basis in an AmeriCorps program carried out using assistance provided pursuant to §2521.30 of this chapter, including an AmeriCorps program that receives educational awards only pursuant to §2521.30(c) of this chapter, will receive a living allowance in an amount equal to or greater than the average annual subsistence allowance provided to VISTA volunteers under §105 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955). This requirement will not apply to any program that was in existence prior to September 21, 1993 (the date of the enactment of the National and Community Service Trust Act of 1993).
(2) Maximum living allowance. With the exception of a professional corps described in §2522.110(a)(3), the AmeriCorps living allowances may not exceed 200 percent of the average annual subsistence allowance provided to VISTA volunteers under section 105 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4955). A professional corps AmeriCorps program may provide a stipend in excess of the maximum, subject to the following conditions: (i) Corporation assistance may not be used to pay for any portion of the allowance; and
(ii) The program must be operated directly by the applicant, selected on a competitive basis by submitting an application to the Corporation, and may not be included in a State’s application for AmeriCorps program funds distributed by formula under §2521.30(a)(2) of this chapter.
(3) Living allowances for part-time participants. Programs may, but are not required to, provide living allowances to individuals participating on a part-time basis (or a reduced term of part-time service authorized under §2522.220(a)(3). Such living allowances should be prorated to the living allowance authorized in paragraph (b)(1) of this section and will comply with such restrictions therein. (c) Financial benefits for participants during an extended term of service for disaster purposes. An
AmeriCorps participant performing extended service under §2522.220(f) may continue to receive a living allowance under paragraph (b) and other benefits under §2522.250, but may not receive an additional AmeriCorps educational award under paragraph (a).
[59 FR 13796, Mar. 23, 1994, as amended at 71 FR 10611, Mar. 2, 2006; 73 FR 53760, Sept. 17, 2008; 74 FR 46506, Sept. 10, 2009; 75 FR 51410, Aug. 20, 2010]

C. 11. May a grantee use funds from another federal agency to pay for member living allowances?
Yes. The single match requirement does not include a prohibition against using other federal funds to support living allowance costs. However, grantees should ensure that the other federal agency is aware that its funds will be used to support the AmeriCorps living allowance.

C. 12. If a grantee uses funds other than the Corporation’s to pay the living allowance, is the grantee still required to follow the Corporation’s regulations and provisions regarding living allowances?
Yes. If the living allowance is part of the grant, the fact that the living allowance is paid out of Corporation funds or match does not change the grantee’s duty to abide by the regulations and provisions regarding living allowances.

C. 13. Can a program use a debit card to pay a members living allowance?
The Corporation has two priorities regarding member payment: (1) that the programs are following their own accounting policies and procedures and (2) that the members have access to their funds with the ease of a regular checking account to meet their financial obligations. The Corporation does not prohibit or oppose program use of debit cards for member payment.

C. 15. If a member receives a Federal Work Study award does this affect their AmeriCorps living allowance?
A program with a member who receives a federal Work-Study award is required by the SAA to reduce the member’s living allowance by the amount of the work-study award.

C. 16. A program includes work-study students who are compensated at different rates for their workstudy hours. Is it permissible to provide different living allowance amounts to members within the same program?
To ensure equitable treatment of members, the Corporation discourages grantees from providing different living allowance amounts to AmeriCorps members with the same position description serving in the same program. However, a uniform living allowance amount for each and every member in a program is not absolutely required. Grantees should discuss the specifics of their proposed member support framework with their program and grants officers at the Corporation.

C. 17. Does federal law exclude AmeriCorps living allowance payments from state pension plan contribution requirements?
The Corporation’s position is that mandatory contributions from the living allowance to a retirement system conflicts with the federal statutory requirement that AmeriCorps members receive a specific living allowance amount. The national service laws specify how much an AmeriCorps member is entitled to receive as a living allowance when serving in AmeriCorps. The laws also specify what must and what may be deducted from the living allowance. State pension plan contributions are not among the deductions that may be made from the living allowance. The member’s living allowance is a federal benefit, as opposed to a wage. Consequently, deductions from the living allowance prior to the member receiving it are not permitted. In addition, a member is not considered to be an employee of the program in which the member is enrolled, and thus generally not subject to employment laws, unless specifically authorized by statute. 42 U.S.C. § 12511(17)(B).

In short, while there is no specific exemption in the national service laws for state pension plan contributions, the statute’s failure to specify that such contributions may or must be made from the living allowance means that the living allowance is not available for that purpose.

Waiving the Living Allowance

§2522.240 (4) Waiver or reduction of living allowance for programs. The Corporation may, at its discretion, waive or reduce the living allowance requirements if a program can demonstrate to the satisfaction of the Corporation that such requirements are inconsistent with the objectives of the program, and that participants will be able to meet the necessary and reasonable costs of living (including food, housing, and transportation) in the area in which the program is located.

(5) Waiver or reduction of living allowance by participants. A participant may waive all or part of the receipt of a living allowance. The participant may revoke this waiver at any time during the participant’s term of service. If the participant revokes the living allowance waiver, the participant may begin receiving his or her living allowance prospective from the date of the revocation; a participant may not receive any portion of the living allowance that may have accrued during the waiver period.

Taxes and Insurance
Requirements related to member living allowances and benefits are in 45 CFR§§2522.240 and 2522.250. In addition, grantees must ensure that the following procedures are followed: Liability Insurance coverage, FICA (social security and Medicare taxes), Income Taxes and Workers Compensation.

C. 23. Is the grantee required to provide unemployment insurance? The U.S. Department of Labor ruled on April 20, 1995 that federal unemployment compensation law does not require coverage for members because no employer-employee relationship exists. The grantee may not charge the cost of unemployment insurance taxes to the grant unless mandated by state law. Programs are responsible for determining the requirements of state law by consulting their state commission, legal counsel or the applicable state agency. AmeriCorps State and National grantees must coordinate with their state commissions to determine a consistent state treatment of unemployment insurance requirements.

C. 63. Is an AmeriCorps member eligible for state unemployment insurance if he or she is released from service?
An AmeriCorps member’s eligibility for state unemployment insurance is a matter of state law that is determined on a state-by-state basis. AmeriCorps grantees should consult their own state unemployment agency to determine the eligibility of members in their state for unemployment insurance. Payment into unemployment systems is not an allowable cost unless required by state law.

C. 64. If an AmeriCorps member loses a job outside of service in AmeriCorps, is the individual eligible to receive unemployment compensation for the loss of that position or would continued service in AmeriCorps preclude the person from being considered unemployed?
This is a state law question and the answer will differ from state to state. Some states view AmeriCorps service as employment in the unemployment compensation context, and others do not. Each state has to interpret its laws and determine whether it views AmeriCorps service as employment or not. If the state has not previously taken a position on this issue, the state commission can try to persuade them one way or the other, but the state unemployment agency will make the final call.

Liability Insurance Coverage
The grantee is responsible for ensuring adequate general liability coverage for the organization, employees and members, including coverage of members engaged in on- and off-site project activities.

FICA (Social Security and Medicare taxes)
Unless the grantee obtains a ruling from the Social Security Administration or the Internal Revenue Service that specifically exempts its AmeriCorps members from FICA requirements, the grantee must pay FICA for any member receiving a living allowance. The grantee also must withhold 7.65% from the member’s living allowance.

Income Taxes
The grantee must withhold Federal personal income taxes from member living allowances, requiring each member to complete a W-4 form at the beginning of the term of service and providing a W-2 form at the close of the tax year. The grantee must comply with any applicable state or local tax requirements.

Worker’s Compensation
Some states require worker’s compensation for AmeriCorps members. Grantees must check with State Departments of Labor or state commissions to determine worker’s compensation requirements. If worker’s compensation is not required, grantees must obtain Occupational, Accidental, and Death and Dismemberment coverage for members to cover in-service injury or incidents.

Living allowance requirements for full-time members in Education Award Programs (EAPs)

AmeriCorps EAP sites may provide a living allowance or other in-service benefits to their members, but are not required to do so. TCN encourages all Subgrantees to provide a living allowance to all members.

C. 20. Section 2522.240(b) of the Corporation’s regulations state that any individual who participates fulltime in an AmeriCorps subtitle C program, including in a program that receives “education awards only,” must receive a living allowance. Does this mean full-time Education Award Programs (EAPs) must provide a living allowance?
No. The Corporation’s annual appropriation contains statutory language that overrides the regulations. The regulation applied when the EAP program was funded under subtitle H and, thus, subject to different rules than subtitle C programs. When Congress directed the Corporation to fund the EAP program out of subtitle C, it included language in the appropriation to continue exempting the EAP program from living allowance and match requirements. Reference: 45 CFR § 2522.240; P.L. 110-5, Division B, Revised Continuing Appropriations Resolution 2007 (January 4, 2007).

C. 21. If an EAP chooses to pay a living allowance, are they held to the statutory minimum and maximum?
The minimum does not apply. Congress explicitly exempted EAPs from living allowance requirements in appropriations language. Therefore if EAPs are exempted from paying a living allowance at all, the “minimum” that they have to provide is $0. However, EAPs that do provide living allowances (other than Professional Corps) are required to comply with the maximum.

TCN: EAP members may request a waiver to pay members an hourly wage. TCN will submit to AmeriCorps for approval. There is no guarantee AmeriCorps will approve the waiver.

Minor Disciplinary Actions and the Living Allowance

C. 24. What are allowable minor disciplinary actions?
The grantee may temporarily suspend or impose a fine on a member for minor disciplinary reasons, such as chronic tardiness, as outlined in the conditions of the member agreement.

When a member is suspended as a minor disciplinary action, should he or she continue to accrue service hours and collect the living allowance? The period of suspension does not count toward a member’s required service hours. Further, members who are suspended for minor disciplinary reasons may not receive a living allowance for the suspension period.

How should fines be collected as a minor disciplinary action?
If determined to be necessary for improvements in member performance or attendance, the grantee may impose a reasonable fine on members for minor disciplinary problems consistent with the member agreement. The fines may not be calculated on an hourly basis. For example, a member who is an hour late may not be fined an hour’s worth of living allowance. Instead, the grantee should establish a written policy on fines, which is not linked to an hourly rate.

The grantee may deduct fines from that portion of the member’s living allowance that is paid by nonfederal funds. Before making any deductions, the grantee should consider how this might affect the status of members under employment laws, including minimum wage and unemployment compensation. Further, a grantee that deducts in this fashion may be required to provide additional matching funds

Time and Attendance
TCN: Subgrantees must keep time and attendance records (time recorded hourly) on all AmeriCorps members in order to document their eligibility for in-service and post-service benefits. Time and attendance records must be signed and dated both by the member and by an individual with oversight responsibilities for the member.

C. 10. We pay our living allowances on a monthly basis. How should we handle situations in which members come on board late in the month or exit early in the month at the end of their term?
You should establish a written policy that is reasonable. For example, if a member comes on board within the first two weeks of the month, you might set policy that gives them the entire living allowance. If they start service later than that, you could prorate the amount based on the number of days in the month they will serve. The same would hold true for the end of service. If they leave within the first two weeks of the month, their living allowance could be based on the number of days in the month they served. If they serve over the 2-week cut-off, they could get the full living allowance. You can establish different cut-off points as long as they are reasonable, documented in policy, and followed consistently.

C. 18. May a program temporarily withhold a member’s living allowance if the member has failed to submit his or her timesheets for two or more weeks?
A program may temporarily withhold a member’s living allowance if the member has failed to submit timesheets. The member agreement must clearly state the policy, and the withholding must be temporary, and not result in the program docking the member’s living allowance. Reference: 2007 AmeriCorps grant provisions IV. H.

Zero hours in a pay period

C. 26 How should a program handle a situation when a member serves no hours during a pay period?
Situations in which a member serves zero hours during a pay period should be very rare and the member should be suspended if there are periods in which no service is performed. Otherwise, since the living allowance is to be distributed evenly over the service period, it should be paid regardless of the number of hours. However, a member’s agreement could also stipulate conditions under which the living allowance is paid and what the member should do if a period occurs in which no hours are served. The agreement could also stipulate the minimum number of hours required during each service period.

Garnishing the Living Allowance

C. 19. Can a member living allowance be garnished by law?
Any type of garnishment of the federal portion of a member’s living allowance is not permitted due to issues of sovereign immunity. Sovereign immunity protects the property interests of the United States from suits to which it has not consented. The federal government has a continuing property interest in AmeriCorps grant funds until they are expended in accordance with the grant’s terms. With respect to the living allowance, the Corporation has a property interest in the federal share of the member’s living allowance, until the AmeriCorps member actually receives it, and this property interest is protected by sovereign immunity. Only Congress may waive this immunity.

Whether or not the non-federal portion of the living allowance–i.e. the funds provided as match at the program level–is subject to garnishment is a state law issue. Because the Corporation is not a party to this action, and because it involves application of state law, programs should consult their own local counsel. Reference: 42 U.S.C. § 12594

Criminal Charges

C. 25. What happens when an AmeriCorps member is charged with a crime?
An AmeriCorps member who is officially charged with a violent felony, or with the sale or distribution of a controlled substance during a term of service will have his/her service suspended without a living allowance and without receiving credit for hours missed. The member may be reinstated into AmeriCorps service if he/she is found not guilty or if the charge is dismissed. If an AmeriCorps member who has been cleared of such charges is unable to complete his/her term of service within one year, he/she may accept a pro-rated education award as long as he/she has completed at least 15% of his/her service.

An AmeriCorps member who is convicted of a criminal charge as described above must be terminated for cause from the program, and he/she is not eligible for any portion of an education award.

Grievance Procedures

C. 30. Can the member who files a grievance following termination receive an education award?
If the grievance process determines in favor of the member, then it would be appropriate for the member to receive his or her education award as part of a settlement.

C. 31. What happens if a program cannot afford the costs of going through the grievance process? If the program has access to non-federal funds to settle the grievance, may the program use them to do so?
The program should contact its state commission or National Direct parent organization for assistance. Programs are expected to be able to implement the grievance procedure within the administrative funding of the grant. If extraordinary expenses are incurred, involving outside expertise, authority to re-budget to pay such expenses should be sought from the Corporation Grants office, which will review any exceptional legal or other expenses related to carrying out a full grievance process and a settlement.

C. 32. May an individual who applies to be an AmeriCorps member but who is not selected file a grievance through a grantee’s grievance process?
By law, any “interested” individual, including participants, labor organizations, and applicants, may file a grievance with a program.

Release for Cause & Additional Terms

C. 27. If a member is unable to complete their term due to unexpected time demands due to employment, can the member continue to serve after the dates in the member agreement in order for the member to successfully complete service and receive the education award?
Yes, you may amend the agreement and allow the member to complete his or her term, provided the extension does not exceed the term limits, e.g. one year for full-time.

C. 28. May an AmeriCorps member use AmeriCorps service to satisfy an internship requirement for college?
There is no rule to prohibit this type of arrangement. In fact, the regulations describe, as one type of program eligible for AmeriCorps funds, “campus-based programs” that “provide substantial service in a community during a school term and during summer or other vacation periods.” 45 CFR 2522.100(e). While this type of arrangement is not precluded, programs should consult with their AmeriCorps program officer on a case-by-case basis to ensure that the member is still meeting an unmet need.

C. 29. Is a member who is released for cause eligible to serve a subsequent term?
Grantees may release members from participation for two reasons: (a) for compelling personal circumstances; and (b) for cause. See 45 CFR §2522.230 for requirements.

As stated in the AmeriCorps regulations, any individual released for cause who thereafter applies to serve in any AmeriCorps program must disclose the fact that he/she was released for cause to the program to which the individual is applying. Failure to disclose that the individual was released for cause from another AmeriCorps program will make the individual ineligible to receive the AmeriCorps education award. Eligibility for subsequent term. A participant will only be eligible to serve a second or additional term of service if that individual has received satisfactory performance review(s) for any previous term(s) of service (see C.75.). Eligibility for a second or further term of service does not guarantee a participant selection or placement.

C. 33. An AmeriCorps member was terminated for cause, and the program gave her an unsatisfactory performance rating. She has filed a grievance disputing the termination and the rating. Is the member eligible to serve another term in another program?
Unless and until this grievance results in a rating of “satisfactory” for the member, she is not eligible to serve a term with another program.

C. 34 May a program reimburse a dismissed member for living allowance and time missed if the member’s dismissal is not upheld as a result of the grievance process?
Yes, if this is in the context of a resolved grievance. The costs associated with settling a grievance may be allowable if reasonably necessary for the program to carry out the purposes of the grant. Things like missed hours and living allowance due under a resolved grievance are generally considered “reasonably necessary” because living allowances are already approved, allowable costs.

C. 45. Under what conditions can a program release a member for compelling personal circumstances?
To be released for compelling personal circumstances a member must have performed satisfactorily, completed at least 15% of his or her term, and the program must document that the member who was unable to complete their term of service due to circumstances beyond their control.

C. 46. Who determines whether a personal circumstance is sufficiently compelling to warrant release with partial award?
The grantee is responsible for determining and documenting compelling personal circumstances. The Corporation and its auditors may review these circumstances as part of their oversight and monitoring responsibilities.

C. 47. Can pregnancy or childbirth be considered a compelling personal circumstance for which the member can be released from service with a pro-rated education award?
Pregnancy and/or childbirth could be determined by the grantee to be compelling personal circumstances if they prevent the member from completing a term of service. The member might also qualify under the Family Medical Leave Act, if the member is covered, or the program could suspend the member so that the member can return some time in the future (within 2 years) to complete the term of service.

C. 48. May a program stipulate in its member agreement that a member may be released for cause if she becomes pregnant?
No. This would be an instance of discrimination on the basis of gender in violation of the Corporation’s anti-discrimination. It may also be a violation of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq:). A pregnant person would be entitled to the same treatment as someone with a medical condition that might require time away from the term of service.

C. 49. Under what circumstances may a program determine that a compelling personal circumstance exists when a member leaves service to start a job?
In general, a job is not considered a compelling personal circumstance. If a member decides to leave to take a job, the member would be exited for cause and would not be eligible for the education award.

The regulations and provisions contain a narrow exception to this general rule. Compelling personal circumstances may include leaving a program to obtain employment IF the member is moving from welfare to work, or is enrolled in a program “that includes in its approved objectives the promotion of employment among its members.” If a member is a welfare recipient and is able to obtain a job that will get him or her off welfare, the program may deem his or her early departure from a program as a compelling personal circumstance.
Similarly, if a program has an approved objective of promoting employment among its members, the program could consider a member’s early departure from the program to take a job as a compelling personal circumstance. Without such an approved objective, a member leaving to take a job must be released for cause. In all cases, it is the program’s responsibility to make the determination and to document the decision.

C. 51. If a member leaves a program before serving at least 15% of the required service hours, is this member included in determining the program’s retention rate? May the program use Corporation grant funds to support such a member?
Yes, to both questions. The member is included in determining the program’s retention rate, and the program may use Corporation grant funds to cover the costs of the member even though he or she left prior to serving 15% of the required service hours.

C. 52. May an individual who served less than 15% of a first term and completed a second, third and fourth term serve a fifth term in an AmeriCorps State and National program?
Yes. Serving less than 15% of a term, unless the member leaves due to misconduct, is not counted in ascertaining the number of terms of service.

Miscellaneous

C. 35. Can members perform service that involves renovating facilities housed entirely within a building used for religious purposes if those facilities are used for non-religious functions as well (e.g. shelters, soup kitchens, etc.)?
The key issue here is whether there is a realistic risk that an objective observer would conclude, based on all the facts, that the federal government, through its support of AmeriCorps members, is endorsing religion. While AmeriCorps members may not construct, renovate, maintain, or operate any facility primarily or inherently devoted to religious instruction or worship, it may–depending on the specific facts– be permissible for them to renovate facilities used solely for non-religious purposes and available to anyone in the community, even if the facilities are physically housed within a building used for religious purposes. However, because each situation turns on its specific facts, any programs facing this type of question should consult their program officer to obtain guidance.

C. 36. May an AmeriCorps program hold prayer sessions after its AmeriCorps meetings if the members all agree to it?
Members may not earn service hours while engaged in a prayer session. If the program does hold prayer sessions, they must be very clearly optional, held at a different time and/or location from AmeriCorps service activities, and planned in a way so that those who do not wish to participate do not feel compelled to do so. The grantee or program must be able to articulate how they comply with Corporation regulations on prohibited activities related to religious activities.

C. 37. If a member is serving at a location where employees go on strike, may the member cross the picket line and continue to serve there?
The AmeriCorps regulations at 45 CFR § 2520.65 prohibit a member from organizing or engaging in strikes; assisting, promoting or deterring union organizing; or impairing existing collective bargaining agreements.

They do not address the issue of whether a member may cross the picket line during a strike. The program must make the decision, on the basis of all the facts, while ensuring (1) that the member is not engaging in any prohibited activities, and (2) the member’s safety. If the program decides against having the member, continue his or her planned service activities, the program should work with Corporation program and grants staff to amend its program objectives and performance measures, as necessary.

C. 38. May an AmeriCorps member perform paid work for the grantee or at the member’s service site outside of the member’s service assignment?
The Corporation has a long-standing practice of advising against an AmeriCorps participant being simultaneously employed by the organization with which the participant is serving. AmeriCorps members are, by definition, not employees of the organizations with which they serve. To allow a member, even in the member’s free time, to perform paid work begins to chip away at the wall between “employment” and “service.” The program would be presented with a challenge in distinguishing between time that the individual is a participant, and time that the individual is an employee. This is particularly problematic if the program is operated by a faith-based organization where there may be issues related to prohibited activities.

Although it may be possible to structure a relationship in which an individual, during non-AmeriCorps service hours, performs paid work for the same organization, in which the individual’s duties as a participant are entirely distinct from the individual’s duties as an employee, the Corporation’s general stance is that the risk for confusion is insurmountable.

C. 39. May an AmeriCorps member receive service hour credit for time spent studying for a high school equivalency?
Members may earn service hours for time spent studying for their high school equivalency as part of their education and training hours if this is a component of the program design.

C. 40. How should members account for travel time to statewide events or training events?
Programs must exercise their judgment when allowing time spent traveling as service hours. In most instances, time spent traveling to training or special events is not direct service and cannot be counted as such. Ordinary commuting time is not allowable as a general rule. However, when training or special events require out-of-town or other exceptional travel beyond ordinary commuting, it is reasonable for each program to determine what amount of travel time can be charged to non-direct service hour activities or training. To the degree that out-of-town activities are planned in advance, the program should lay out its expectations in the member agreement.

C. 41. Can travel time between service sites be counted as service time?
Yes. Member travel time between service sites during a service day is counted as service time; the initial trip to a service site that day, and the time going home from the last site, are considered commuting time and are not counted as service hours.

C. 43. What potential liability issues need to be taken into consideration for members who plan to travel out of state for disaster relief activities during their term of service?
If the program has worker’s compensation, the program would need to ensure coverage would extend to accidents that occur out of state. If the program does not have worker’s compensation, they need to be sure the accidental death and dismemberment insurance policy will cover any accidents that occur out of state. The program should also ensure that its liability coverage extends to the out-of-state activities.

C. 44. If a member is suspended, is the program required to reinstate the member once the suspension is over?
No. A member may be reinstated in the program in which he or she was serving, but this is not mandatory.

C. 53. May a less-than-full-time member serve a concurrent term in a different program during the same program year?
Yes, a less-than-full-time member may serve a concurrent term in a different program during the same program year.

C. 54. May a less-than-full-time member serve a consecutive term in a same or different program during the same program year?
Yes, a less-than-full-time member may serve a consecutive term in the same or a different program during the same program year. If you are considering allowing this, please contact your program officer.

C. 55. When and how can a member transfer between programs?
A state commission or National parent organization may grant permission to transfer a member to another AmeriCorps State and National program for compelling personal circumstances. The following procedures are required:

Program A must first determine that compelling personal circumstances warrant a transfer.
Prior to initiating a transfer, Program A must provide written confirmation to Program B that compelling circumstances support the transfer to Program B.
The member must apply to and be accepted by Program B, which must have an available slot in the incoming class (this means the program is able to provide an entire term of member support costs and an education award).
The member must be able to finish their term of service within twelve months of their original start date.
Program B must approve the transfer in writing.
No funds can be transferred from Program A to Program B.
If Program A has already conducted the mid-term evaluation, they will provide it to Program B. If Program A has not yet conducted the mid-term evaluation, Program B will conduct the mid-term evaluation with consultation with Program A.
The transferred member cannot be counted twice for purposes of enrollment and/or retention.
The slot that remains with Program A will revert to new, unfilled status regardless of the length of time the member served. Generally, members may not transfer across different streams of service. For example, a member may not transfer from an AmeriCorps State and National program to an AmeriCorps VISTA position or to AmeriCorps NCCC. Programs with multiple sites may transfer members to other sites for program management purposes without following the procedures listed above.

C. 57. What is the impact on the living allowance for residential programs, or programs that provide housing?
Residential programs, or programs that otherwise provide housing, should ensure that the living allowance that they are providing, in addition to the value of the housing, does not equal more than the maximum living allowance.

C. 58. What is the guidance regarding members serving on-call hours?
The Corporation is not issuing formal policy on serving on-call hours, and suggests that grantees and state commissions check to see if their state has policy in this respect. If your state does not have a policy, the Corporation suggests that you establish your own policy. Common policy practice includes a provision that a member can count service hours only hours served on call on-site. On-call hours during overnight hours are often not allowable.

C. 59. Are AmeriCorps members covered under the Volunteer Protection Act of 1997?
The federal Volunteer Protection Act of 1997 generally protects volunteers from civil liability. However, the definition of volunteer excludes anyone who receives compensation (other than reimbursement for expenses) or anything of value in lieu of compensation in excess of $500 per year. AmeriCorps members who receive a living allowance or education award are not protected under the law.

Corpsmember Benefits: Health Insurance & Childcare

See full Policies on Health Care and Child Care in Section I of the Manual.

C. 61. What are the program responsibilities and requirements in administering child care?
1. Informing the AmeriCorps Childcare Provider. In addition to determining a member’s eligibility at the start of the term of service, Program directors are required to notify the AmeriCorps Childcare Provider immediately in writing when:

A member is no longer eligible for child care benefits due to a change in the member’s eligibility status (e.g., family income exceeds the limit, the child turns 13, a full-time member becomes a less than full-time member, or a member leaves);
New or existing members become eligible for child care benefits;
A member wishes to change child care providers or a child care provider will no longer provide child care services; or
A member is absent for excessive periods of time (five or more days in a month). Costs incurred due to the grantee’s failure to keep the AmeriCorps child care provider immediately informed of changes in a member’s status may be charged to the grantee’s organization.

2. Less-than-Full-time Members. Although no portion of child care expenses for less-than-full-time members may be paid from Corporation funds, Programs may choose to provide child care to half-time members from other sources.
3. Payments. Payments or reimbursement for child care benefits will be made for eligible members to qualified providers from the date child care need was established after service began. The amount of child care allowance may not exceed the applicable payment rate established by the State where the member is serving for child care funded under the Child Care and Development Block Grant Act of 1990. No payments and reimbursements will be made in the event the AmeriCorps member was ineligible, or if the provider was not qualified under the state guidelines.
4. Less Than Full-Time Members Serving in a Full-Time Capacity. Less than full-time members who are serving in a full-time capacity for a sustained period of time (such as a full-time summer project) may be eligible for child care and health care benefits supported with Corporation funds.

C. 62. If the AmeriCorps child care provider does not cover all of a member’s child care expenses, is it allowable for the program to use other AmeriCorps grant funds to cover the remaining unpaid balance?Can they use grantee funds for this expense and report this as match?
Yes. They can use AmeriCorpsfunds or grantee funds and count them as match as long as it does not exceed the allowance rate as set forth in 45 CFR

§2522.250 (a)(3). §2522.250 What other benefits do AmeriCorps participants serving in approved AmeriCorps positions receive?
(a) Child Care. Grantees must provide child care through an eligible provider or a child care allowance in an amount determined by the Corporation to those full-time participants who need child care in order to participate.

Need. A participant is considered to need child care in order to participate in the program if he or she:
(i) Is the parent or legal guardian of, or is acting in loco parentis for, a child under 13 who resides with the participant;
(ii) Has a family income that does not exceed 75 percent of the State’s median income for a family of the same size;
(iii) At the time of acceptance into the program, is not currently receiving child care assistance from another source, including a parent or guardian, which would continue to be provided while the participant serves in the program; and
(iv) Certifies that he or she needs child care in order to participate in the program.
Provider eligibility. Eligible child care providers are those who are eligible child care providers as defined in the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n(5)).
Child care allowance. The amount of the child-care allowance may not exceed the applicable payment rate to an eligible provider established by the State for child care funded under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(4)(A)).
Corporation share. The Corporation will pay 100 percent of the child care allowance, or, if the program provides child care through an eligible provider, the actual cost of the care or the amount of the allowance, whichever is less.
(b) Health care. (1) Grantees must provide to all eligible participants who meet the requirements of paragraph (b)(2) of this section health care coverage that—
(i) Provides the minimum benefits determined by the Corporation;
(ii) Provides the alternative minimum benefits determined by the Corporation; or
(iii) Does not provide all of either the minimum or the alternative minimum benefits but that has a fair market value equal to or greater than the fair market value of a policy that provides the minimum benefits.
(2) Participant eligibility. A full-time participant is eligible for health care benefits if he or she is not otherwise covered by a health benefits package providing minimum benefits established by the Corporation at the time he or she is accepted into a program. If, as a result of participation, or if, during the term of service, a participant demonstrates loss of coverage through no deliberate act of his or her own, such as parental or spousal job loss or disqualification from Medicaid, the participant will be eligible for health care benefits.
(3) Corporation share. (i) Except as provided in paragraph (b)(3)(ii) of this section, the Corporation’s share of the cost of health coverage may not exceed 85 percent.
(ii) The Corporation will pay no share of the cost of a policy that does not provide the minimum or alternative minimum benefits described in paragraphs (b)(1)(i) and (b)(1)(ii) of this section. [59 FR 13796, Mar. 23, 1994, as amended at 70 FR 39600, July 8, 2005]