[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: 45CFR34.8]



[Page 110]

 

                        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.  34.8  Computation of award and settlement.



    (a) The amount awarded on any item of property shall not exceed the 

adjusted cost of the item based on the cost of replacing it with a 

similar one of the same quality minus the appropriate depreciation rate. 

The amount normally payable on property damaged beyond economical repair 

shall not exceed its depreciated value. If the cost of repairs is less 

than the depreciated value it shall be considered economically 

repairable and the costs of repairs shall be the amount payable.

    (b) Depreciation in value of an item shall be determined by 

considering the type of article involved, its replacement cost, 

condition when lost or damaged beyond economical repair, and the time 

elapsed between the date of acquisition and the date of accrual of the 

claim.

    (c) Notwithstanding any other provision of law, settlements of 

claims under the MPCE Act are final and conclusive. The acceptance of a 

settlement constitutes a complete release of any claim against the 

United States and any employee of the government whose act or omission 

gave rise to the claim by reason of the same claim.