[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR104.43]

[Page 434-435]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 104--SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001--Table of Contents
 
        Subpart D--Amount of Compensation for Eligible Claimants.
 
Sec. 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:

[[Page 435]]

    (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 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 or 
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-by-case 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]