This part implements the provisions of the September 11th Victim CompensationFund of 2001, Title IV of Public Law 107-42, 115 Stat. 230 (AirTransportation Safety and System Stabilization Act) to provide compensation toeligible individuals who were physically injured as a result of the terrorist-related aircraft crashes of September 11, 2001, and to the “personal representatives” of those who were killed as a result of the crashes. Allcompensation provided through the Fund will be on account of personal physicalinjuries or death.

(a) Eligible claimants. The term eligibleclaimants means:

(1) Individuals present at the World Trade Center, Pentagon, or Shanksville,Pennsylvania site at the time of or in the immediate aftermath of the crashesand who suffered physical harm, as defined herein, as a direct result of theterrorist-related aircraft crashes;

(2) The Personal Representatives of deceased individuals aboard AmericanAirlines flights 11 or 77 and United Airlines flights 93 or 175; and

(3) The Personal Representatives of individuals who were present at the WorldTrade Center, Pentagon, or Shanksville, Pennsylvania site at the time of or inthe immediate aftermath of the crashes and who died as a direct result of theterrorist-related aircraft crash.

(4) The term eligible claimants does not include any individualor representative of an individual who is identified to have been a participantor conspirator in the terrorist-related crashes of September 11.

(b) Immediate aftermath. The term immediateaftermath of the crashes shall mean, for purposes of all claimants otherthan rescue workers, the period of time from the crashes until 12 hours afterthe crashes. With respect to rescue workers who assisted in efforts to searchfor and recover victims, the immediate aftermath shall include the period fromthe crashes until 96 hours after the crashes.

(c) Physical harm. (1) The term physical harmshall mean a physical injury to the body that was treated by a medicalprofessional within 24 hours of the injury having been sustained, or within 24hours of rescue, or within 72 hours of injury or rescue for those victims whowere unable to realize immediately the extent of their injuries or for whomtreatment by a medical professional was not available on September 11, or withinsuch time period as the Special Master may determine for rescue personnel whodid not or could not obtain treatment by a medical professional within 72 hours;and

(2) In every case not involving death, the physical injury must be verifiedby contemporaneous medical records created by or at the direction of the medicalprofessional who provided the medical care.

(d) Personal Representative. The term PersonalRepresentative shall mean the person determined to be the PersonalRepresentative under § 104.4 of this part.

(e) Present at the site. The term present at thesite (i.e., the World Trade Center, Pentagon, or Shanksville, Pennsylvaniasite) shall mean physically present at the time of the crashes or in theimmediate aftermath:

(1) In the buildings or portions of buildings that were destroyed as a resultof the airplane crashes; or

(2) In any area contiguous to the crash sites that the Special Masterdetermines was sufficiently close to the site that there was a demonstrable riskof physical harm resulting from the impact of the aircraft or any subsequentfire, explosions, or building collapses (generally, the immediate area in whichthe impact occurred, fire occurred, portions of buildings fell, or debris fellupon and injured persons).

(a) Beneficiary. The term beneficiary shall meana person to whom the Personal Representative shall distribute all or part of theaward under § 104.52 of this Part.

(b) Dependents. The Special Master shall identify as dependentsthose persons so identified by the victim on his or her federal tax return forthe year 2000 (or those persons who legally could have been identified by thevictim on his or her federal tax return for the year 2000) unless:

(1) The claimant demonstrates that a minor child of the victim was born oradopted on or after January 1, 2001;

(2) Another person became a dependent in accordance with then-applicable lawon or after January 1, 2001; or

(3) The victim was not required by law to file a federal income tax returnfor the year 2000.

(c) Spouse. The Special Master shall identify as the spouse ofa victim the person reported as spouse on the victim's federal tax return forthe year 2000 unless:

(1) The victim was married or divorced in accordance with applicable statelaw on or after January 1, 2001; or

(2) The victim was not required by law to file a federal income tax returnfor the year 2000.

(d) The Act. The Act, as used in this part, shallmean Public Law 107-42, 115 Stat. 230 (“Air Transportation Safetyand System Stabilization Act”), 49 U.S.C. 40101 note.

(e) Victim. The term victim shall mean aneligible injured claimant or a decedent on whose behalf a claim is brought by aneligible Personal Representative.

(a) In general. The Personal Representative shall be:

(1) An individual appointed by a court of competent jurisdiction as thePersonal Representative of the decedent or as the executor or administrator ofthe decedent's will or estate.

(2) In the event that no Personal Representative or executor or administratorhas been appointed by any court of competent jurisdiction, and such issue is notthe subject of pending litigation or other dispute, the Special Master may, inhis discretion, determine that the Personal Representative for purposes ofcompensation by the Fund is the person named by the decedent in the decedent'swill as the executor or administrator of the decedent's estate. In the event nowill exists, the Special Master may, in his discretion, determine that thePersonal Representative for purposes of compensation by the Fund is the firstperson in the line of succession established by the laws of the decedent'sdomicile governing intestacy.

(b) Notice to beneficiaries. Any purported PersonalRepresentative must, before filing an Eligibility Form, provide written noticeof the claim (including a designated portion of the Eligibility Form) to theimmediate family of the decedent (including, but not limited to, the decedent'sspouse, former spouses, children, other dependents, and parents), to theexecutor, administrator, and beneficiaries of the decedent's will, and to anyother persons who may reasonably be expected to assert an interest in an awardor to have a cause of action to recover damages relating to the wrongful deathof the decedent. Personal delivery or transmission by certified mail, returnreceipt requested, shall be deemed sufficient notice under this provision. Theclaim forms shall require that the purported Personal Representative certifythat such notice (or other notice that the Special Master deems appropriate) hasbeen given. In addition, as provided in § 104.21(b)(5) of this part,the Special Master may publish a list of individuals who have filed EligibilityForms and the names of the victims for whom compensation is sought, but shallnot publish the content of any such form.

(c) Objections to Personal Representatives. Objections to theauthority of an individual to file as the Personal Representative of a decedentmay be filed with the Special Master by parties who assert a financial interestin the award up to 30 days following the filing by the Personal Representative.If timely filed, such objections shall be treated as evidence of a“dispute” pursuant to paragraph (d) of this section.

(d) Disputes as to identity. The Special Master shall not berequired to arbitrate, litigate, or otherwise resolve any dispute as to theidentity of the Personal Representative. In the event of a dispute over theappropriate Personal Representative, the Special Master may suspend adjudicationof the claim or, if sufficient information is provided, calculate theappropriate award and authorize payment, but place in escrow any payment untilthe dispute is resolved either by agreement of the disputing parties or by acourt of competent jurisdiction. Alternatively, the disputing parties may agreein writing to the identity of a Personal Representative to act ontheir behalf, who may seek and accept payment from the Fund while the disputingparties work to settle their dispute.

Claimants are entitled to have their claims processed in accordance with theprovisions of this Part that were in effect at the time that their claims weresubmitted under § 104.21(d). All claims will be processed inaccordance with the current provisions of this Part, unless the claimant hasnotified the Special Master that he or she has elected to have the claimresolved under the regulations that were in effect at the time that the claimwas submitted under § 104.21(d).

(a) Compensation form; “filing.” Except forapplications for Advance Benefits pursuant to § 104.22, no claim maybe considered until the claimant has submitted both an “EligibilityForm” and either a “Personal Injury CompensationForm” or a “Death Compensation Form.” A claim shall be deemed“filed” for purposes of section 405(b)(3) of the Act (providing thatthe Special Master shall issue a determination not later than 120 days after thedate on which a claim is filed), and for any time periods in this part, when aClaims Evaluator determines that both the Eligibility Form and either a PersonalInjury Compensation Form or a Death Compensation Form are substantiallycomplete. Provided, however, that if a claimant files anEligibility Form requesting Advance Benefits pursuant to § 104.22 ofthis part without filing either a “Personal Injury CompensationForm” or a “Death Compensation Form,” the claim shall bedeemed “filed” when the Claims Evaluator determines that theEligibility Form is substantially complete, but the time period fordetermination and any time periods in this part shall be stayed or tolled asdescribed in § 104.22(g) of this part.

(b) Eligibility Form. The Special Master shall develop anEligibility Form that will require the claimant to provide information necessaryfor determining the claimant's eligibility to recover from the Fund.

(1) The Eligibility Form may require that the claimant certify that he or shehas dismissed any pending lawsuit seeking damages as a result of the terrorist-related airplane crashes of September 11, 2001 (except for actions seekingcollateral source benefits) within 90 days of the effective date of this partpursuant to section 405(c)(3)(B)(ii) of the Act and that there is no pendinglawsuit brought by a dependent, spouse, or beneficiary of the victim.

(2) The Special Master may require as part of the notice requirement pursuantto § 104.4(b) that the claimant provide copies of a designatedportion of the Eligibility Form to the immediate family of the decedent(including, but not limited to, the spouse, former spouses, children, otherdependents, and parents), to the executor, administrator, and beneficiaries ofthe decedent's will, and to any other persons who may reasonably be expected toassert an interest in an award or to have a cause of action to recover damagesrelating to the wrongful death of the decedent.

(3) The Eligibility Form may require claimants to provide the followingproof:

(i) Proof of death: Death certificate or similar official documentation;

(ii) Proof of presence at site: Documentation sufficient to establishpresence at one of the crash sites, which may include, without limitation, adeath certificate, records of employment, contemporaneous medical records,contemporaneous records of federal, state, city or local government, anaffidavit or declaration of the decedent's or injured claimant's employer, orother sworn statement (or unsworn statement complying with 28 U.S.C. 1746)regarding the presence of the victim;

(iii) Proof of death on board aircraft: Death certificate or records ofAmerican 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 byfederal, state, or local government, and records of all continuing medicaltreatment;

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

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

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

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

(6) The Special Master may publish a list of individuals who have filedEligibility 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 CompensationForm. The Special Master shall develop a Personal Injury Compensation Formthat each injured claimant must submit. The Special Master shall also develop aDeath Compensation Form that each Personal Representative must submit. Theseforms shall require the claimant to provide certain information that the SpecialMaster deems necessary to determining the amount of any award, includinginformation concerning income, collateral sources, benefits, and other financialinformation, and shall require the claimant to state the factual basis for theamount of compensation sought. It shall also allow the claimant to submitcertain other information that may be relevant, but not necessary, to thedetermination of the amount of any award.

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

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

(d) Submission of a claim. Section 405(c)(3)(B) of the Actprovides that upon the submission of a claim under the Fund, the claimant waivesthe right to file a civil action (or to be a party to an action) in any Federalor State court for damages sustained as a result of the terrorist-relatedaircraft crashes of September 11, 2001, except for civil actions to recovercollateral source obligations and civil actions against any person who is aknowing participant in any conspiracy to hijack any aircraft or commit anyterrorist act. A claim shall be deemed submitted for purposes of section405(c)(3)(B) of the Act when the claim is deemed filed pursuant to§ 104.21, regardless of whether any time limits are stayed or tolled.

(e) Provisions of information by third parties. Any third partyhaving an interest in a claim brought by a Personal Representative may providewritten statements or information regarding the Personal Representative's claim.The Claims Evaluator or the Special Master or his designee may, at his or herdiscretion, include the written statements or information as part of the claim.

(a) Advance Benefits. Eligible Claimants may apply forimmediate “Advance Benefits” in a fixed amount as follows:

(1) $50,000 for Personal Representatives; and

(2) $25,000 for injured claimants who meet the requirements of paragraph (d)of this section.

(b) Credit against award. The Advance Benefit shall be creditedagainst any final compensation award so that the amount of the Advance Benefitis deducted from the final award under this program.

(c) Application for Advance Benefits. An otherwise eligibleclaimant may seek Advance Benefits to alleviate financial hardship faced by theclaimant (or financial hardship faced by the beneficiaries of the decedent) bysubmitting an Eligibility Form described in § 104.21(b) andindicating thereon that he or she is applying for Advance Benefits.

(d) Eligibility for Advance Benefits. In the case of a PersonalRepresentative, the claimant may be deemed eligible for Advance Benefits if aClaims Evaluator or the Special Master or his designee determines that theclaimant is eligible to recover under the Fund. In the case of an injuredclaimant, the claimant may be deemed eligible for Advance Benefits when theSpecial Master or his designee determines that the claimant is eligible torecover under the Fund and that the claimant's physical injuryrequired hospitalization for one week or more.

(e) Authorization of payments. (1) Payment in the amountdescribed in paragraph (a) of this section will be authorized immediately upon adetermination that the claimant is eligible for Advance Benefits and theclaimant is:

(i) An injured claimant;

(ii) A Personal Representative who was the spouse of the deceased victim onSeptember 11, 2001; or

(iii) A Personal Representative who has obtained the consent of the spouse ofthe deceased victim (or, if there is no surviving spouse, all of the dependentsof the deceased victim) to file for Advance Benefits.

(2)(i) With respect to other Personal Representatives, payment will beauthorized within 15 days after the determination that the claimant is eligiblefor Advance Benefits, provided that no other individual has asserted a colorableconflicting claim as the Personal Representative with respect to the decedentand the Personal Representative identifies and has given notice to thebeneficiaries to whom such Advance Benefits will be distributed.

(ii) In the event that a colorable conflicting claim has been asserted, noAdvance Benefit will be paid until a final eligibility determination has beenmade.

(f) Tolling of 120-day clock and other time periods. A claimantfiling an Eligibility Form requesting Advance Benefits before filing a PersonalInjury Compensation Form or Death Compensation Form will be deemed to havewaived his right to commencement of the 120-day period in section 405(b)(3) ofthe Act (providing that the Special Master shall provide notice to the claimantof his determination within 120 days after the date on which a claim is filed).The 120-day period and all other time limitations in this part, except thoseapplicable to Advance Benefit payments, shall be stayed or tolled until suchtime that a Claims Evaluator determines that the claimant's Personal InjuryCompensation Form or Death Compensation Form is substantially complete.

(a) Initial review. Claims Evaluators shall review the formsfiled by the claimant and either deem the claim “filed” (pursuant to104.21(a)) or notify the claimant of any deficiency in the forms or any requireddocuments.

(b) Procedural tracks. Each claim will be placed on aprocedural track, described herein as “Track A” and “TrackB,” selected by the claimant on the Personal Injury Compensation Form orDeath Compensation Form.

(1) Procedure for Track A. The Claims Evaluator shall determineeligibility and the claimant's presumed award pursuant to§§ 104.43 to 104.46 of this part and, within 45 days of the datethe claim was deemed filed, notify the claimant in writing of the eligibilitydetermination, the amount of the presumed award, and the right to request ahearing before the Special Master or his designee under § 104.33 ofthis part. After an eligible claimant has been notified of the presumed award,the claimant may either accept the presumed compensation determination as thefinal determination and request payment, or may instead request a review beforethe Special Master or his designee pursuant to § 104.33. Claimantsfound to be ineligible may appeal pursuant to § 104.32.

(2) Procedure for Track B. The Claims Evaluator shall determineeligibility within 45 days of the date the claim was deemed filed, but shall notdetermine the claimant's presumed award; the Claims Evaluator shall notify theclaimant in writing of the eligibility determination. Upon notification ofeligibility, the claimant will proceed to a hearing pursuant to§ 104.33. At such hearing, the Special Master or his designee shallutilize the presumptive award methodology as set forth in§§ 104.43 to 104.46 of this part, but may modify or vary theaward if the claimant presents extraordinary circumstances not adequatelyaddressed by the presumptive award methodology. There shall be no review orappeal from this determination.

(c) Multiple claims from the same family. The Special Mastermay treat claims brought by or on behalf of two or more members of the sameimmediate family as related or consolidated claims for purposes of determiningthe amount of any award.

Any claimant deemed ineligible by the Claims Evaluator may appeal thatdecision to the Special Master or his designee by filing an eligibility appealon forms created by the office of the Special Master.

(a) Supplemental submissions. The claimant may prepare and fileSupplemental Submissions within 21 calendar days from notification of either thepresumed award (Track A) or eligibility (Track B). The Special Master shalldevelop forms appropriate for Supplemental Submissions.

(b) Conduct of hearings. Hearings shall be before the SpecialMaster or his designee. The objective of hearings shall be to permit theclaimant to present information or evidence that the claimant believes isnecessary to a full understanding of the claim. The claimant may request thatthe Special Master or his designee review any evidence relevant to thedetermination of the award, including without limitation: Factors and variablesused in calculating economic loss; the identity of the victim's spouse anddependents; the financial needs of the claimant; facts affecting noneconomicloss; and any factual or legal arguments that the claimant contends shouldaffect the award. Claimants shall be entitled to submit any statements orreports in writing. The Special Master or his designee may requireauthentication of documents, including medical records and reports, and mayrequest and consider information regarding the financial resources and expensesof the victim's family or other material that the Special Master or his designeedeems relevant.

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

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

(e) Waivers. The Special Master shall have authority anddiscretion to require any waivers necessary to obtain more individualizedinformation on specific claimants.

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

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

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

(g) Determination. The Special Master shall notify the claimantin writing of the final amount of the award, but need not create or provide anywritten record of the deliberations that resulted in that determination. Thereshall be no further review or appeal of the Special Master's determination. Innotifying the claimant of the final amount of the award, the Special Master maydesignate the portions or percentages of the final award that are attributableto economic loss and non-economic loss, respectively, and may provide such otherinformation as appropriate to provide adequate guidance for a court of competentjurisdiction and a personal representative.

In order to assist potential claimants in evaluating their options of eitherfiling a claim with the Special Master or filing a lawsuit in tort, the SpecialMaster 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 eachaward. If published, these decisions would be intended by the Special Master asgeneral guides for potential claimants and should not be viewed as precedentbinding on the Special Master or his staff.

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

As provided in section 405(b)(1)(B)(ii) of the Act, in determining the amountof compensation to which a claimant is entitled, the Special Master shall takeinto consideration the harm to the claimant, the facts of the claim, and theindividual circumstances of the claimant. The individual circumstances of theclaimant may include the financial needs or financial resources of the claimantor 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 theamount of collateral source compensation the claimant (or, in the case of aPersonal Representative, the victim's beneficiaries) has received or is entitledto receive as a result of the terrorist-related aircraft crashes of September11, 2001. In no event shall an award (before collateral source compensation hasbeen deducted) be less than $500,000 in any case brought on behalf of a deceasedvictim with a spouse or dependent, or $300,000 in any case brought on behalf ofa deceased victim who was single with no dependents.

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

In reaching presumed determinations for economic loss for PersonalRepresentatives bringing claims on behalf of decedents, the Special Master shallconsider 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 developa methodology and publish schedules, tables, or charts that will permitprospective claimants to estimate determinations of loss of earnings or otherbenefits related to employment based upon individual circumstances of thedeceased victim, including: The age of the decedent as of September 11, 2001;the number of dependents who survive the decedent; whether the decedent issurvived by a spouse; and the amount and nature of the decedent's income forrecent years. The Decedent's salary/income in 1998-2000 (or for otheryears the Special Master deems relevant) shall be evaluated in a manner that theSpecial Master deems appropriate. The Special Master may, if he deemsappropriate, take an average of income figures for 1998-2000, and may alsoconsider income for other periods that he deems appropriate, including publishedpay scales for victims who were government or military employees. The SpecialMaster's methodology and schedules, tables, or charts shall yield presumeddeterminations of loss of earnings or other benefits related to employment forannual incomes up to but not beyond the 98th percentile of individual income inthe United States for the year 2000. In cases where the victim was a minorchild, the Special Master may assume an average income for the childcommensurate with the average income of all wage earners in the United States.For victims who were members of the armed services or government employees suchas firefighters or police officers, the Special Master may consider all forms ofcompensation (or pay) to which the victim was entitled. For example, militaryservice members' and uniformed service members' compensation includes all of thevarious 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, andlongevity pay.

(b) Medical expense loss. This loss equals the out-of-pocketmedical expenses that were incurred as a result of the physical harm suffered bythe victim (i.e., those medical expenses that were not paid for or reimbursedthrough health insurance). This loss shall be calculated on a case-by-casebasis, using documentation and other information submitted by the PersonalRepresentative.

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

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

(e) Loss of business or employment opportunities. Such lossesshall be addressed through the procedure outlined above in paragraph (a) of thissection.

In reaching presumed determinations for economic loss for claimants whosuffered physical harm (but did not die), the Special Master shall consider sumscorresponding 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 relatedto employment on a case-by-case basis, using documentation and other informationsubmitted by the claimant, regarding the actual amount of work that the claimanthas missed or will miss without compensation. Alternatively, the Special Mastermay determine the loss of earnings or other benefits related to employment byrelying upon the methodology created pursuant to § 104.43(a) andadjusting 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 theclaimant is capable of performing his or her usual profession in light of theinjuries.

(2) Total permanent disability. With respect to claims of totalpermanent disability, the Special Master may accept a determination ofdisability made by the Social Security Administration as evidence of disabilitywithout any further medical evidence or review. The Special Master may alsoconsider determinations of permanent total disability made by other governmentalagencies or private insurers in evaluating the claim. The Special Master mayrequire that the claimant submit an evaluation of the claimant's disability andability to perform his or her occupation prepared by medical experts.

(3) Partial disability. With respect to claims of partialdisability, the Special Master may consider evidence of the effect of thepartial disability on the claimant's ability to perform his or her usualoccupation as well as the effect of the partial disability on the claimant'sability to participate in usual daily activities.

(b) Medical Expense Loss. This loss equals the out-of-pocketmedical expenses that were incurred as a result of the physical harm suffered bythe victim (i.e., those medical expenses that were not paid for orreimbursed through health insurance). In addition, this loss equals future out-of-pocket medical expenses that will be incurred as a result of the physicalharm suffered by the victim (i.e., those medical expenses thatwill not be paid for or reimbursed through health insurance). These losses shallbe calculated on a case-by-case basis, using documentation and other informationsubmitted by the claimant.

(c) Replacement services loss. For injured claimants who didnot have any prior earned income, or who worked only part-time outside the home,economic loss may be determined with reference to replacement services andsimilar measures.

(d) Loss of business or employment opportunities. Such lossesshall be addressed through the procedure outlined above in paragraph (a) of thissection.

The Special Master may determine the presumed noneconomic losses forclaimants who suffered physical harm (but did not die) by relying upon thenoneconomic losses described in § 104.44 and adjusting the lossesbased upon the extent of the victim's physical harm. Such presumed lossesinclude any noneconomic component of replacement services loss.

(a) Payments that constitute collateral source compensation.The amount of compensation shall be reduced by all collateral sourcecompensation, 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 appropriatecollateral source offset for future benefit payments, the Special Master mayemploy an appropriate methodology for determining the present value of suchfuture benefits. In determining the appropriate value of offsets for pensionfunds, life insurance and similar collateral sources, the Special Master may, asappropriate, reduce the amount of offsets to take account of self-contributionsmade or premiums paid by the victim during his or her lifetime. In determiningthe appropriate collateral source offset for future benefit payments that arecontingent upon one or more future event(s), the Special Master may reduce suchoffsets to account for the possibility that the future contingencies may or maynot occur. In cases where the recipients of collateral source compensation arenot beneficiaries of the awards from the Fund, the Special Master shall havediscretion to exclude such compensation from the collateral source offset wherenecessary to prevent beneficiaries from having their awards reduced bycollateral source compensation that they will not receive.

(b) Payments that do not constitute collateral sourcecompensation. 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 ofemergency housing, food, or clothing; and

(2) Charitable donations distributed to the beneficiaries of the decedent, tothe injured claimant, or to the beneficiaries of the injured claimant byprivately funded charitable entities; provided however, that the Special Mastermay determine that funds provided to victims or their families through aprivately funded charitable entity constitute, in substance, a payment describedin paragraph (a) of this section.

(3) Tax benefits received from the Federal government as a result of theenactment of the Victims of Terrorism Tax Relief Act.

Not later than 20 days after the date on which a determination is made by theSpecial Master regarding the amount of compensation due a claimant under theFund, the Special Master shall authorize payment to such claimant of the amountdetermined with respect to the claimant.

The Personal Representative shall distribute the award in a manner consistentwith the law of the decedent's domicile or any applicable rulings made by acourt of competent jurisdiction. The Personal Representative shall, beforepayment is authorized, provide to the Special Master a plan for distribution ofany award received from the Fund. Notwithstanding any other provision of theseregulations or any other provision of state law, in the event that the SpecialMaster concludes that the Personal Representative's plan for distribution doesnot appropriately compensate the victim's spouse, children, or other relatives,the Special Master may direct the Personal Representative to distribute all orpart of the award to such spouse, children, or other relatives.

(a) General. Section 405(c)(3)(B) of the Act provides that uponthe submission of a claim under the Fund, the claimant waives the right to filea civil action (or be a party to an action) in any Federal or State court fordamages sustained as a result of the terrorist-related aircraft crashes ofSeptember 11, 2001, except that this limitation does not apply to recovercollateral source obligations, or to a civil action against any person who is aknowing participant in any conspiracy to hijack any aircraft or commit anyterrorist act. The Special Master shall take appropriate steps to informpotential claimants of section 405(c)(3)(B) of the Act.

(b) Pending actions. Claimants who have filed a civil action orwho are a party to such an action as described in paragraph (a) of this sectionmay not file a claim with the Special Master unless they withdraw from suchaction not later than March 21, 2002.

In accordance with the Act, no claim may be filed under this part afterDecember 22, 2003.

Compensation under this Fund does not constitute the recovery of tort damagesagainst a third party nor the settlement of a third party action, and the UnitedStates shall be subrogated to all potential claims against third partytortfeasors of any victim receiving compensation from the Fund. For that reason,no person or entity having paid other benefits or compensation to or on behalfof a victim shall have any right of recovery, whether through subrogation orotherwise, against the compensation paid by the Fund.

(a) Review of claims. For the purpose of detecting andpreventing the payment of fraudulent claims and for the purpose of assuringaccurate and appropriate payments to eligible claimants, the Special Mastershall implement procedures to:

(1) Verify, authenticate, and audit claims;

(2) Analyze claim submissions to detect inconsistencies, irregularities,duplication, and multiple claimants; and

(3) Ensure the quality control of claims review procedures.

(b) Quality control. The Special Master shall instituteperiodic quality control audits designed to evaluate the accuracy of submissionsand the accuracy of payments, subject to the oversight of the Inspector Generalof the Department of Justice.

(c) False or fraudulent claims. The Special Master shall referall evidence of false or fraudulent claims to appropriate law enforcementauthorities.