[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: 20CFR61.300]



[Page 144-145]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                      CHAPTER I--OFFICE OF WORKERS'

                         COMPENSATION PROGRAMS,

                           DEPARTMENT OF LABOR

 

PART 61_CLAIMS FOR COMPENSATION UNDER THE WAR HAZARDS COMPENSATION ACT, 

AS AMENDED--Table of Contents

 

                      Subpart D_Detention Benefits

 

Sec.  61.300  Payment of detention benefits.





    (a) The Office shall pay detention benefits to any person listed in 

Sec.  61.1(a) who is detained by a hostile force or person, or who is 

not returned to his or her home or to the place of employment by reason 

of the failure of the United States or its contractor to furnish 

transportation. Benefits are payable for periods of absence on and 

subsequent to January 1, 1942, regardless of whether the employee was 

actually engaged in the course of his or her employment at the time of 

capture or disappearance.

    (b) For the purposes of paying benefits for detention, the employee 

is considered as totally disabled until the time that the employee is 

returned to his or her home, to the place of employment, or to the 

jurisdiction of the United States. The Office shall credit the 

compensation benefits to the employee's account, to be paid to the 

employee for the period of the absence or



[[Page 145]]



until the employee's death is in fact established or can be legally 

presumed to have occurred. A part of the compensation accruing to the 

employee may be disbursed during the period of absence to the employee's 

dependents.

    (c) During the period of absence of any employee detained by a 

hostile force or person, detention benefits shall be credited to the 

employee's account at one hundred percent of his or her average weekly 

wages. The average weekly wages may not exceed the average weekly wages 

paid to civilian employees of the United States performing the same or 

most similar employment in that geographic area. If there are eligible 

dependents, the Office may pay to these dependents seventy percent of 

the credited benefits.

    (d) The Office may not pay detention benefits under any of the 

following conditions:

    (1) The employee resides at or in the vicinity of the place of 

employment, does not live there solely due to the exigencies of the 

employment, and is detained under circumstances outside the course of 

the employment.

    (2) The person detained is a prisoner of war detained or utilized by 

the United States.

    (3) Workers' compensation benefits from any other source or other 

payments from the United States are paid for the same period of absence 

or detention.

    (4) The person seeking detention benefits is a national of a foreign 

country and is entitled to compensation benefits from that or any other 

foreign country on account of the same absence or detention.

    (5) The employee has been convicted in a court of competent 

jurisdiction of any subversive act against the United States or any of 

its allies.