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Content Last Revised: 2/14/75
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CFR  

Code of Federal Regulations Pertaining to ESA

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

 

 

 

Subpart A  

General Provisions


20 CFR 25.5 - What special rules does OWCP apply to claims of third and fourth country nationals?

  • Section Number: 25.5
  • Section Name: 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.
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