[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: 20CFR25.5]



[Page 70]

 

                      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.  25.5  What special rules does OWCP apply to claims of third and 

fourth country nationals?



    (a) Definitions. A ``third country national'' is a person who is 

neither a citizen nor resident of the United States who is hired by the 

United States in the person's country of citizenship or residence for 

employment in another foreign country, or in a possession or territory 

of the United States. A ``fourth country national'' is a person who is 

neither a citizen nor resident of either the country of hire or the 

place of employment, but who otherwise meets the definition of third 

country national. ``Benefits applicable to local hires'' are the 

benefits provided in this part by local law or special schedule, as 

determined by the Director. With respect to a United States territory or 

possession, ``local law'' means only the law of the particular territory 

or possession.

    (b) Benefits payable. Third and fourth country nationals shall be 

paid the benefits applicable to local hires in the country of hire or 

the place of employment, whichever benefits are greater, provided that 

all benefits payable on account of one injury must be paid under the 

same benefit structure.

    (1) Where no well-defined workers' compensation benefits structure 

is provided in either the country of hire or the place of employment, 

the provisions of Sec.  25.2(d) shall apply.

    (2) Where equitable considerations as determined by the Director so 

warrant, a fourth country national may be awarded benefits applicable to 

local hires in his or her home country.