[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR25.2]



[Page 69]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 25_Compensation for Disability and Death of Noncitizen Federal 

Employees Outside the United States--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  25.2  In general, what is the Director's policy regarding such 

claims?



    (a) Pursuant to 5 U.S.C. 8137, the benefit features of local 

workers' compensation laws, or provisions in the nature of workers' 

compensation, in effect in areas outside the United States, any 

territory or Canada shall, effective as of December 7, 1941 and as 

recognized by the Director, be adopted and apply in the cases of 

employees of the United States who are neither citizens nor residents of 

the United States, any territory or Canada, unless a special schedule of 

compensation for injury or death has been established under this part 

for the particular locality, or for a class of employees in the 

particular locality.

    (b) The benefit provisions adopted under paragraph (a) of this 

section are those dealing with money payments for injury and death 

(including medical benefits), as well as those dealing with services and 

purposes forming an integral part of the local plan, provided they are 

of a kind or character similar to services and purposes authorized by 

the FECA.

    (1) Procedural provisions, designations of classes of beneficiaries 

in death cases, limitations (except those affecting amounts of benefit 

payments), and any other provisions not directly affecting the amounts 

of the benefit payments, in such local plans, shall not apply, but in 

lieu thereof the pertinent provisions of the FECA shall apply, unless 

modified in this section.

    (2) However, the Director may at any time modify, limit or 

redesignate the class or classes of beneficiaries entitled to death 

benefits, including the designation of persons, representatives or 

groups entitled to payment under local statute or custom whether or not 

included in the classes of beneficiaries otherwise specified by this 

subchapter.

    (c) Compensation in all cases of such employees paid and closed 

prior to January 4, 1999 shall be deemed compromised and paid under 5 

U.S.C. 8137. In all other cases, compensation may be adjusted to conform 

with the regulations in this part, or the beneficiary may by compromise 

or agreement with the Director have compensation continued on the basis 

of a previous adjustment of the claim.

    (d) Persons employed in a country or area having no well-defined 

workers' compensation benefits structure shall be accorded the benefits 

provided--either by local law or special schedule--in a nearby country 

as determined by the Director. In selecting the benefit structure to be 

applied, equity and administrative ease will be given consideration, as 

well as local custom.

    (e) Compensation for disability and death of non-citizens outside 

the United States under this part, whether paid under local law or 

special schedule, shall in no event exceed that generally payable under 

the FECA.