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(iii) Proof of death on board aircraft: Death certificate or records of American or United Airlines or other sufficient official documentation;

(iv) Proof of physical harm: Contemporaneous medical records of hospitals, clinics, physicians, licensed medical personnel, or registries maintained by federal, state, or local government, and records of all continuing medical treatment;

(v) Personal Representative: Copies of relevant legal documentation, including court orders; letters testamentary similar documentation; proof of the purported Personal Representative's relationship to the decedent; copies of wills, trusts, or other testamentary documents; and information regarding other possible beneficiaries as requested by the Eligibility Form;

(vi) Any other information that the Special Master deems necessary to determine the claimant's eligibility.

(4) The Special Master may also require waivers, consents, or authorizations from claimants to obtain directly from third parties tax returns, medical information, employment information, or other information that the Special Master deems relevant in determining the claimant's eligibility or award, and may request an opportunity to review originals of documents submitted in connection with the Fund.

(5) Application for Advance Benefits: The Eligibility Form shall include a section allowing claimants to indicate that they wish to apply for Advance Benefits. Claimants who apply for such Advance Benefits must certify on that Form that they have not yet received $450,000 in collateral source compensation if they are bringing a claim on behalf of a deceased victim with a spouse or dependent, $250,000 in collateral source compensation if they are bringing a claim on behalf of a deceased victim who was single with no dependents, or an amount in excess of their lost wages plus out-of-pocket medical expenses if they are an injured claimant. All such claimants also must state on the Form facts establishing financial hardship that would justify a determination that they are in need of Advance Benefits.

(6) The Special Master may publish a list of individuals who have filed Eligibility Forms and the names of the victims for whom compensation is sought, but shall not publish the content of any such form.

(c) Personal Injury Compensation Form and Death Compensation Form. The Special Master shall develop a Personal Injury Compensation Form that each injured claimant must submit. The Special Master shall also develop a Death Compensation Form that each Personal Representative must submit. These forms shall require the claimant to provide certain information that the Special Master deems necessary to determining the amount of any award. including information concerning income, collateral sources, benefits, and other financial information, and shall require the claimant to state the factual basis for the amount of compensation sought. It shall also allow the claimant to submit certain other information that may be relevant, but not necessary, to the determination of the amount of any award.

(1) Claimants shall, at a minimum, submit all tax returns that were filed for the years 1998, 1999, and 2000. The Special Master may, at his discretion, require that claimants submit copies of tax returns or other records for any other period of years he deems appropriate for determination of an award. The Special Master may also require waivers, consents, or authorizations from claimants to obtain directly from third parties medical information, employment information, or other information that the Special Master deems relevant to determining the amount of any award.

(2) Claimants may attach to the “Personal Injury Compensation Form” or “Death Compensation Form" any additional statements, documents or analyses by physicians, experts, advisors, or any other person or entity that the claimant believes may be relevant to a determination of compensation.

(d) Submission of a claim. Section 405(c)(3)(B) of the Act provides that upon the submission of a claim under the Fund, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a

result of the terrorist-related aircraft eligible to recover under the Fund. In crashes of September 11, 2001, except the case of an injured claimant, the for civil actions to recover collateral claimant may be deemed eligible for source obligations and civil actions Advance Benefits when the Special against any person who is a knowing Master or his designee determines that participant in any conspiracy to hijack the claimant is eligible to recover any aircraft or commit any terrorist under the Fund and that the claimant's act. A claim shall be deemed submitted physical injury required hospitalizafor purposes of section 405(c)(3)(B) of tion for one week or more. the Act when the claim is deemed filed (e) Authorization of payments. (1) Paypursuant to $104.21, regardless of ment in the amount described in parawhether any time limits are stayed or graph (a) of this section will be authortolled.

ized immediately upon a determination (e) Provisions of information by third that the claimant is eligible for Adparties. Any third party having an in- vance Benefits and the claimant is: terest in a claim brought by a Personal (i) An injured claimant; Representative may provide written (ii) A Personal Representative who statements or information regarding

was the spouse of the deceased victim the Personal Representative's claim. on September 11, 2001; or The Claims Evaluator or the Special

(iii) A Personal Representative who Master or his designee may, at his or has obtained the consent of the spouse her discretion, include the written

of the deceased victim (or, if there is statements or information as part of

no surviving spouse, all of the dependthe claim.

ents of the deceased victim) to file for (66 FR 66282, Dec. 21, 2001, as amended at 67 Advance Benefits. FR 11245, Mar. 13, 2002)

(2)(i) With respect to other Personal

Representatives, payment will be au$ 104.22 Advance Benefits.

thorized within 15 days after the deter(a) Advance Benefits. Eligible Claim- mination that the claimant is eligible ants may apply for immediate “Ad- for Advance Benefits, provided that no vance Benefits" in a fixed amount as

other individual has asserted follows:

colorable conflicting claim as the Per(1) $50,000 for Personal Representa- sonal Representative with respect to tives; and

the decedent and the Personal Rep(2) $25,000 for injured claimants who resentative identifies and has given nomeet the requirements of paragraph (d) tice to the beneficiaries to whom such of this section.

Advance Benefits will be distributed. (b) Credit against award. The Advance (ii) In the event that a colorable conBenefit shall be credited against any flicting claim has been asserted, no Adfinal compensation award so that the vance Benefit will be paid until a final amount of the Advance Benefit is de- eligibility determination has been ducted from the final award under this made. program.

(f) Tolling of 120-day clock and other (C) Application for Advance Benefits. time periods. A claimant filing an EligiAn otherwise eligible claimant may bility Form requesting Advance Beneseek Advance Benefits to alleviate fi- fits before filing a Personal Injury nancial hardship faced by the claimant Compensation Form or Death Com(or financial hardship faced by the pensation Form will be deemed to have beneficiaries of the decedent) by sub- waived his right to commencement of mitting an Eligibility Form described the 120-day period in section 405(b)(3) of in $104.21(b) and indicating thereon the Act (providing that the Special that he or she is applying for Advance Master shall provide notice to the

claimant of his determination within (d) Eligibility for Advance Benefits. In 120 days after the date on which a the case of a Personal Representative, claim is filed). The 120-day period and the claimant may be deemed eligible all other time limitations in this part, for Advance Benefits if a Claims Eval- except those applicable to Advance dator or the Special Master or his des- Benefit payments, shall be stayed or ignee determines that the claimant is tolled until such time that a Claims

a

Benefits.

Evaluator determines that the claim- ant presents extraordinary

cirant's Personal Injury Compensation cumstances not adequately addressed Form or Death Compensation Form is by the presumptive award methodsubstantially complete.

ology. There shall be no review or ap

peal from this determination. Subpart C-Claim Intake, Assist- (c) Multiple claims from the same fam

ance, and Review Proce- ily. The Special Master may treat dures

claims brought by or on behalf of two

or more members of the same imme$ 104.31 Procedure for claims evalua. diate family as related or consolidated tion.

claims for purposes of determining the (a) Initial review. Claims Evaluators

amount of any award. shall review the forms filed by the

$ 104.32 Eligibility review. claimant and either deem the claim "filed” (pursuant to 104.21(a)) or notify

Any claimant deemed ineligible by the claimant of any deficiency in the

the Claims Evaluator may appeal that forms or any required documents.

decision to the Special Master or his (b) Procedural tracks. Each claim will

designee by filing an eligibility appeal be placed on a procedural track, de

on forms created by the office of the scribed herein as "Track A" and "Track

Special Master. B," selected by the claimant on the

$ 104.33 Hearing. Personal Injury Compensation Form or Death Compensation Form.

(a) Supplemental submissions. The (1) Procedure for Track A. The Claims claimant may prepare and file SuppleEvaluator shall determine eligibility mental Submissions within 21 calendar and the claimant's presumed award days from notification of either the pursuant to $8 104.43 to 104.46 of this presumed award (Track A) or eligipart and, within 45 days of the date the bility (Track B). The Special Master claim was deemed filed, notify the shall develop forms appropriate for claimant in writing of the eligibility Supplemental Submissions. determination, the amount of the pre- (b) Conduct of hearings. Hearings shall sumed award, and the right to request be before the Special Master or his desa hearing before the Special Master or ignee. The objective of hearings shall his designee under $ 104.33 of this part. be to permit the claimant to present After an eligible claimant has been no- information

or

evidence that the tified of the presumed award, the claimant believes is necessary to a full claimant may either accept the pre- understanding of the claim. The claimsumed compensation determination as ant may request that the Special Masthe final determination and request ter or his designee review any evidence payment, or may instead request a re- relevant to the determination of the view before the Special Master or his award, including without limitation: designee pursuant to 8 104.33. Claimants Factors and variables used in calcufound to be ineligible may appeal pur- lating economic loss; the identity of suant to $ 104.32.

the victim's spouse and dependents; the (2) Procedure for Track B. The Claims financial needs of the claimant; facts Evaluator shall determine eligibility affecting noneconomic loss; and any within 45 days of the date the claim factual or legal arguments that the was deemed filed, but shall not deter- claimant contends should affect the mine the claimant's presumed award; award. Claimants shall be entitled to the Claims Evaluator shall notify the submit any statements or reports in claimant in writing of the eligibility writing. The Special Master or his desdetermination. Upon notification of ignee may require authentication of eligibility, the claimant will proceed to documents, including medical records a hearing pursuant to $104.33. At such and reports, and may request and conhearing, the Special Master or his des- sider information regarding the finanignee shall utilize the presumptive cial resources and expenses of the vicaward methodology as set forth in tim's family or other material that the $$ 104.43 to 104.46 of this part, but may Special Master or his designee deems modify or vary the award if the claim- relevant.

filing a claim with the Special Master or filing a lawsuit in tort, the Special Master reserves the right to publicize the amounts of some or all of the awards, but shall not publish the name of the claimants or victims that received each award. If published, these decisions would be intended by the Special Master as general guides for potential claimants and should not be viewed as precedent binding on the Special Master or his staff.

$ 104.35 Claims deemed abandoned by

claimants. The Special Master and his staff will endeavor to evaluate promptly any information submitted by claimants. Nonetheless, it is the responsibility of the claimant to keep the Special Master informed of his or her current address and to respond within the duration of this two-year program to requests for additional information. Claims outstanding at the end of this program because of a claimant's failure to complete his or her filings shall be deemed abandoned.

on

(c) Location and duration of hearings. The hearings shall, to the extent practicable, be scheduled at times and in locations convenient to the claimant or his or her representative. The hearings shall be limited in length to a time period determined by the Special Master or his designee.

(d) Witnesses, counsel, and experts. Claimants shall be permitted, but not required, to present witnesses, including expert witnesses. The Special Master or his designee shall be permitted to question witnesses and examine the credentials of experts. The claimant shall be entitled to be represented by an attorney in good standing, but it is not necessary that the claimant be represented by an attorney.

(e) Waivers. The Special Master shall have authority and discretion to require any waivers necessary to obtain more individualized information specific claimants.

(1) Track A review of presumed award. For proceedings under Track A, the Special Master or his designee shall make a determination whether:

(1) There was an error in determining the presumptive award, either because the claimant's individual criteria were misapplied or for another reason; or

(2) The claimant presents extraordinary circumstances not adequately addressed by the presumptive award.

(g) Determination. The Special Master shall notify the claimant in writing of the final amount of the award, but need not create or provide any written record of the deliberations that resulted in that determination. There shall be no further review or appeal of the Special Master's determination. In notifying the claimant of the final amount of the award, the Special Master may designate the portions or percentages of the final award that are attributable to economic loss and noneconomic loss, respectively, and may provide such other information as appropriate to provide adequate guidance for a court of competent jurisdiction and a personal representative. [66 FR 66282, Dec. 21, 2001, as amended at 67 FR 11246, Mar. 13, 2002) $104.34 Publication of awards.

In order to assist potential claimants in evaluating their options of either

Subpart D-Amount of Com

pensation for Eligible Claimants.

$ 104.41 Amount of compensation.

As provided in section 405(b)(1)(B)(ii) of the Act, in determining the amount of compensation to which a claimant is entitled, the Special Master shall take into consideration the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. The individual circumstances of the claimant may include the financial needs or financial resources of the claimant or the victim's dependents and beneficiaries. As provided in section 405(b)(6) of the Act, the Special Master shall reduce the amount of compensation by the amount of collateral source compensation the claimant (or, in the case of a Personal Representative, the victim's beneficiaries) has received or is entitled to receive as a result of the terrorist-related aircraft crashes of September 11, 2001. In no event shall an award (before collateral source compensation has been deducted) be less than $500,000 in any case brought on behalf of a deceased victim with a spouse or dependent, or $300,000 in any case brought on behalf of a deceased victim who was single with no dependents.

§ 104.42 Applicable state law.

The phrase "to the extent recovery for such loss is allowed under applicable state law,” as used in the statute's definition of economic loss in section 402(5) of the Act, is interpreted to mean that the Special Master is not permitted to compensate claimants for those categories or types of economic losses that would not be compensable under the law of the state that would be applicable to any tort claims brought by or on behalf of the victim.

presumed determinations of loss of earnings or other benefits related to employment for annual incomes up to but not beyond the 98th percentile of individual income in the United States for the year 2000. In cases where the victim was a minor child, the Special Master may assume an average income for the child commensurate with the average income of all wage earners in the United States. For victims who were members of the armed services or government employees such as firefighters or police officers, the Special Master may consider all forms of compensation (or pay) to which the victim was entitled. For example, military service members' and uniformed service members' compensation includes all of the various components of compensation, including, but not limited to, basic pay (BPY), basic allowance for housing (BAH), basic allowance for subsistence (BAS), federal income tax advantage (TAD), overtime bonuses, differential pay, and longevity pay.

(b) Medical expense loss. This loss equals the out-of-pocket medical expenses that were incurred as a result of the physical harm suffered by the victim (i.e., those medical expenses that

not paid for reimbursed through health insurance). This loss shall be calculated on a case-by-case basis, using documentation and other information submitted by the Personal Representative.

(c) Replacement services loss. For decedents who did not have any prior earned income, or who worked only part time outside the home, economic loss may be determined with reference to replacement services and similar measures.

(d) Loss due to death/burial costs. This loss shall be calculated on a case-bycase basis, using documentation and other information submitted by the personal representative and includes the out-of-pocket burial costs that were incurred.

(e) Loss of business or employment opportunities. Such losses shall be addressed through the procedure outlined above in paragraph (a) of this section. [66 FR 66282, Dec. 21, 2001, as amended at 67 FR 11246, Mar. 13, 2002]

were

$ 104.43 Determination of presumed

economic loss for decedents. In reaching presumed determinations for economic loss for Personal Representatives bringing claims on behalf of decedents, the Special Master shall consider sums corresponding to the following:

(a) Loss of earnings or other benefits related to employment. The Special Master, as part of the process of reaching a "determination” pursuant to section 405(b) of the Act, shall develop a methodology and publish schedules, tables, or charts that will permit prospective claimants to estimate determinations of loss of earnings or other benefits related to employment based upon individual circumstances of the deceased victim, including: The age of the decedent as of September 11, 2001; the number of dependents who survive the decedent; whether the decedent is survived by a spouse; and the amount and nature of the decedent's income for recent years. The Decedent's salary/income in 1998–2000 (or for other years the Special Master deems relevant) shall be evaluated in a manner that the Special Master deems appropriate. The Special Master may, if he deems appropriate, take an average of income figures for 1998–2000, and may also consider income for other periods that he deems appropriate, including published pay scales for victims who were government or military employees. The Special Master's methodology and schedules, tables, or charts shall yield

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