Section 64.640 - Compensation for IP Relay(a) For the period from July 1, 2022, through June 30, 2026, TRS Fund compensation for the provision of IP Relay shall be as described in this section.(b) For Fund Year 2022-23, comprising the period from July 1, 2022, through June 30, 2023, the Compensation Level for IP Relay shall be $1.9576 per minute.(c) For each succeeding Fund Year through June 30, 2026, the per-minute Compensation Level (LFY) shall be determined in accordance with the following equation: LFY = LFY-1 * (1+IFFY)
where IFFY is the Inflation Adjustment Factor for that Fund Year, determined in accordance with paragraph (d) of this section.
(d) The inflation adjustment factor for a Fund Year (IFFY), to be determined annually on or before June 30, is 1/100 times the difference between the values of the Employment Cost Index compiled by the Bureau of Labor Statistics, U.S. Department of Labor, for total compensation for private industry workers in professional, scientific, and technical services, for the following periods:(1) The fourth quarter of the Calendar Year ending 6 months before the beginning of the Fund Year; and(2) The fourth quarter of the preceding Calendar Year.(e) In addition to LFY, an IP Relay provider shall be paid a per-minute exogenous cost adjustment if claims for exogenous cost recovery are submitted by the provider and approved by the Commission on or before June 30. Such exogenous cost adjustment shall equal the amount of such approved claims divided by the provider's projected minutes for the Fund Year. Exogenous cost adjustments, if any, are not included in the previous Fund Year's per-minute Compensation Level (LFY-1) for purposes of paragraph (c) of this section.(f) An exogenous cost adjustment shall be paid if an IP Relay provider incurs well-documented costs that:(1) Belong to a category of costs that the Commission has deemed allowable;(2) Result from new TRS requirements or other causes beyond the provider's control;(3) Are new costs that were not factored into the applicable compensation formula; and(4) If unrecovered, would cause a provider's current allowable-expenses-plus-operating margin to exceed its revenues.87 FR 42660, July 18, 2022 87 FR 42660, 7/18/2022; 89 FR 20133, 4/22/2024