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$ 104.34 Publication of awards.
In order to assist potential claimants in evaluating their options of either 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.
tember 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.
$ 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.
D-Amount of Compensation 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 Sep
$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
dressed 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]
pay scales for victims who were government or military employees. The Special Master's methodology and schedules, tables, or charts shall yield 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 were 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/urial 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 ad
$ 104.44 Determination of presumed
noneconomic losses for decedents. The presumed non-economic losses for decedents shall be $250,000 plus an additional $100,000 for the spouse and each dependent of the deceased victim. Such presumed losses include a noneconomic component of replacement services loss. (66 FR 66282, Dec. 21, 2001, as amended at 67 FR 11246, Mar. 13, 2002] $ 104.45 Determination of presumed
economic loss for claimants who
suffered physical harm. In reaching presumed determinations for economic loss for claimants who suffered physical harm (but did not die), the Special Master shall consider sums corresponding to the following:
(a) Loss of earnings or other benefits related to employment. The Special Master may determine the loss of earnings or other benefits related to employment on a case-by-case basis, using documentation and other information submitted by the claimant, regarding the actual amount of work that the claimant has missed or will miss without compensation. Alternatively, the Special Master may determine the loss of earnings or other benefits related to employment by relying upon the methodology created pursuant to $ 104.43(a) and adjusting the loss based upon the extent of the victim's physical harm.
(1) Disability; in general. In evaluating claims of disability, the Special Master will, in general, make a determination regarding whether the claimant is capable of performing his or her usual profession in light of the injuries.
(2) Total permanent disability. With respect to claims of total permanent disability, the Special Master may accept a determination of disability made by the Social Security Administration as evidence of disability without any further medical evidence or review. The Special Master may also consider determinations of permanent total disability made by other governmental agencies or private insurers in evaluating the claim. The Special Master
may require that the claimant submit an evaluation of the claimant's disability and ability to perform his or her occupation prepared by medical experts.
(3) Partial disability. With respect to claims of partial disability, the Special Master may consider evidence of the effect of the partial disability on the claimant's ability to perform his or her usual occupation as well as the effect of the partial disability on the claimant's ability to participate in usual daily activities.
(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). In addition, this loss equals future out-of-pocket medical expenses that will be incurred as a result of the physical harm suffered by the victim (i.e., those medical expenses that will not be paid for or reimbursed through health insurance). These losses shall be calculated on a case-by-case basis, using documentation and other information submitted by the claimant.
(c) Replacement services loss. For injured claimants who did not have any prior earned income, or who worked only part-time outside the home, economic loss may be determined with ref
to replacement services and similar measures.
(d) Loss of business or employment opportunities. Such losses shall be addressed through the procedure outlined above in paragraph (a) of this section.
$ 104.47 Collateral sources.
(a) Payments that constitute collateral source compensation. The amount of compensation shall be reduced by all collateral source compensation, including life insurance, pension funds, death benefits programs, and payments by Federal, State, or local governments related to the terrorist-related aircraft crashes of September 11, 2001. In determining the appropriate collateral source offset for future benefit payments, the Special Master may employ an appropriate methodology for determining the present value of such future benefits. In determining the appropriate value of offsets for pension funds, life insurance and similar collateral sources, the Special Master may, as appropriate, reduce the amount of offsets to take account of self-contributions made or premiums paid by the victim during his or her lifetime. In determining the appropriate collateral source offset for future benefit payments that are contingent upon one or more future event(s), the Special Master may reduce such offsets to account for the possibility that the future contingencies may or may not occur. In cases where the recipients of collateral source compensation are not beneficiaries of the awards from the Fund, the Special Master shall have discretion to exclude such compensation from the collateral source offset where necessary to prevent beneficiaries from having their awards reduced by collateral source compensation that they will not receive.
(b) Payments that do not constitute collateral source compensation. The following payments received by claimants do not constitute collateral source compensation:
(1) The value of services or in-kind charitable gifts such as provision of emergency housing, food, or clothing; and
(2) Charitable donations distributed to the beneficiaries of the decedent, to the injured claimant, or to the beneficiaries of the injured claimant by privately funded charitable entities; provided however, that the Special Master may determine that funds provided to
$ 104.46 Determination of presumed
noneconomic losses for claimants
who suffered physical harm. The Special Master may determine the presumed noneconomic losses for claimants who suffered physical harm (but did not die) by relying upon the noneconomic losses described in $ 104.44 and adjusting the losses based upon the extent of the victim's physical harm. Such presumed losses include any noneconomic component of replacement services loss.
victims or their families through a privately funded charitable entity constitute, in substance, a payment described in paragraph (a) of this section.
(3) Tax benefits received from the Federal government as a result of the enactment of the Victims of Terrorism Tax Relief Act. [66 FR 66282, Dec. 21, 2001, as amended at 67 FR 11246, Mar. 13, 2002)
Federal or State court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001, except that this limitation does not apply to recover collateral source obligations, or to a civil action against any person who is a knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act. The Special Master shall take appropriate steps to inform potential claimants of section 405(C)(3)(B) of the Act.
(b) Pending actions. Claimants who have filed a civil action or who are a party to such an action as described in paragraph (a) of this section may not file a claim with the Special Master unless they withdraw from such action not later than March 21, 2002.
Subpart E-Payment of Claims $ 104.51 Payments to eligible individ
uals. Not later than 20 days after the date on which a determination is made by the Special Master regarding the amount of compensation due a claimant under the Fund, the Special Master shall authorize payment to such claimant of the amount determined with respect to the claimant.
(66 FR 66282, Dec. 21, 2001, as amended at 67 FR 11246, Mar. 13, 2002)
$ 104.62 Time limit on filing claims.
In accordance with the Act, no claim may be filed under this part after December 22, 2003.
$ 104.52 Distribution of award to dece.
dent's beneficiaries. The Personal Representative shall distribute the award in a manner consistent with the law of the decedent's domicile any applicable rulings made by a court of competent jurisdiction. The Personal Representative shall, before payment is authorized, provide to the Special Master a plan for distribution of any award received from the Fund. Notwithstanding any other provision of these regulations or any other provision of state law, in the event that the Special Master cludes that the Personal Representative's plan for distribution does not appropriately compensate the victim's spouse, children, or other relatives, the Special Master may direct the Personal Representative to distribute all or part of the award to such spouse, children, or other relatives. (66 FR 66282, Dec. 21, 2001, as amended at 67 FR 11246, Mar. 13, 2002]
$ 104.63 Subrogation.
Compensation under this Fund does not constitute the recovery of tort damages against a third party nor the settlement of a third party action, and the United States shall be subrogated to all potential claims against third party tortfeasors of any victim receiving compensation from the Fund. For that reason, no person or entity having paid other benefits or compensation to or on behalf of a victim shall have any right of recovery, whether through subrogation or otherwise, against the compensation paid by the Fund.
Subpart G-Measures to Protect
the Integrity of the Compensation Program
$ 104.61 Limitation on civil actions.
(a) General. 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 be a party to an action) in any
$ 104.71 Procedures to prevent and de
tect fraud. (a) Review of claims. For the purpose of detecting and preventing the payment of fraudulent claims and for the purpose of assuring accurate and appropriate payments to eligible claimants, the Special Master shall implement procedures to:
(1) Verify, authenticate, and audit claims;
(2) Analyze claim submissions to de- are therefore subject to this rule. Protect inconsistencies, irregularities, du- viders located in countries other than plication, and multiple claimants; and the United States are included in this
(3) Ensure the quality control of definition to the extent that they are claims review procedures.
providing training leading to a United (b) Quality control. The Special Mas
States license, certification, or rating. ter shall institute periodic quality con- Providers located in countries other trol audits designed to evaluate the ac
than the United States who are procuracy of submissions and the accuracy
viding training that does not lead to a of payments, subject to the oversight
United States license, certification, or of the Inspector General of the Depart
rating are not included in this definiment of Justice. (c) False or fraudulent claims. The Spe
tion. When the Department of Defense cial Master shall refer all evidence of
or the U.S. Coast Guard, or an entity false or fraudulent claims to appro
providing training pursuant to a conpriate law enforcement authorities.
tract with the Department of Defense
or the U.S. Coast Guard, provides PART 105-SECURITY RISK
training for a military purpose, such ASSESSMENTS
training is not subject to FAA regulation and therefore these entities, when
providing such Subpart A [Reserved)
“person[s] subject to regulation under Subpart B-Aviation Training for Aliens and this part” within the meaning of secOther Designated Individuals
(3) Candidate means any person who Sec. 105.10 Definitions, purpose, and scope.
is alien defined in section 105.11 Individuals not requiring a security
101(a)(3) of the Immigration and Narisk assessment.
tionality Act, 8 U.S.C. 1101(a)(3) who 105.12 Notification for candidates eligible seeks training in the operation of an for expedited processing.
aircraft with a maximum certificated AUTHORITY: Section 113 of Public Law 107- takeoff weight of 12,500 pounds or more 71, 115 Stat. 622 (49 U.S.C. 44939).
from a Provider. SOURCE: 67 FR 41145, June 14, 2002, unless (4) Certificates with ratings recognized otherwise noted.
by the United States means a valid cer
tificate with ratings issued by the Subpart A [Reserved]
United States, or a valid foreign li
cense issued by a member of the AsSubpart B-Aviation Training for sembly of the International Civil Avia
Aliens and Other Designated tion Organization, as established by
Article 43 of the Convention on Inter
national Civil Aviation. $ 105.10 Definitions, purpose,
and (b) Purpose and scope. (1) Section 113 scope.
of ATSA prohibits Providers from fur(a) Definitions.
nishing aviation instruction to can(1) ATSA means the Aviation and didates on aircraft with a maximum Transportation Security Act, Pub. L. certificated takeoff weight of 12,500 107–71.
pounds or more without the prior noti(2) Provider means a person or entity fication of the Attorney General. The subject to regulation under Title 49
purpose of this notification is to allow Subtitle VII, Part A, United States
the Attorney General to determine Code. This definition includes indi
whether such an individual presents a vidual training providers, training cen
risk to aviation or national security ters, certificated carriers, and flight
before flight instruction may begin. schools. Virtually all private providers
The Department believes that it is unof instruction in the operation of aircraft with a maximum certificated
necessary to make a candidate wait for
45 days in order to begin training if the takeoff weight of 12,500 pounds or more are covered by section 113 of ATSA and
Department has completed its risk