[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: 28CFR104.47]

[Page 436-437]
 
                    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. 104.47  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

[[Page 437]]

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 
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]