[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR34.4]



[Page 108-109]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 34_CLAIMS FILED UNDER THE MILITARY PERSONNEL AND CIVILIAN EMPLOYEES 

ACT--Table of Contents

 

Sec.  34.4  Allowable claims.



    (a) What you can claim. (1) Claims for damage or loss may be allowed 

where possession of the property was lawful and reasonable under 

circumstances.

    (2) Claims for property damage or loss by fire, flood, hurricane, 

theft, or



[[Page 109]]



other serious occurrence may be allowed when the property is located 

inside:

    (i) Quarters that have been assigned or provided by the government; 

or

    (ii) Quarters outside the United States whether assigned by the 

government or not, except when a civilian employee outside the U.S. is a 

local inhabitant.

    (3) Claims for damage to, or loss of, property may be allowed when 

caused by:

    (i) Marine, air disaster, enemy action or threat thereof, or other 

extraordinary risks incurred incident to the performance of official 

duties by the claimant; and

    (ii) Efforts by the claimant to save human life or government 

property.

    (4) Property used for the benefit of the government. Claims may be 

allowed for damage to, or loss of, property used for the benefit of the 

government at the request, or with the knowledge and consent of, 

superior authority.

    (5) Claims for clothing and accessories may be allowed when loss or 

damage was caused by faulty or defective equipment or furnishings owned 

or managed by the Department.

    (6) Claims for stolen property, only if it is determined that the 

claimant exercised due care in protecting his property and there is 

clear evidence that a burglary or theft occurred.

    (7) Claims for automobiles, only when required to perform official 

business or parked on a government-owned or operated parking lot or 

garage incident to employment. This subsection does not include claims 

for damage or loss when traveling between place of residence and duty 

station, or when the loss or damage was caused by the negligence of a 

third party. If the automobile is a total loss, the maximum amount 

allowed is the value of the vehicle at the time of loss as determined by 

the National Automobile Dealer Association Appraisal Guide or similar 

publications.

    (8) Claims for any other meritorious claims in exceptional cases may 

be allowed by the Claims Officer.

    (9) Transportation or travel losses. Damage or loss of personal 

property, including baggage and household items, while being transported 

by a carrier, agent or agency of the government, or private conveyance, 

may be allowed only if the property is shipped under orders or in 

connection with travel orders.