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Code of Federal Regulations Pertaining to U.S. Department of Labor |
| Employees' Benefits |
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| Office of Workers' Compensation Programs, Department of Labor |
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| Compensation for Disability and Death of Noncitizen Federal Employees Outside the United States |
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| 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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