authorize access to the required information, records, or documents. (c) Prior to authorizing payment, the Assistant Director shall require the claimant or each eligible surviving beneficiary of a claim filed under subparts B, C, or D of these regulations to execute and provide an affidavit (or declaration under oath on the standard claim form) setting forth the amount of any payment made pursuant to a final award or settlement a claim (other than a claim for worker's compensation), against any person, that is based on injuries incurred by the claimant for which his/her claim under the Radiation Exposure Compensation Act was submitted. For purposes of this subsection, a "claim" includes, but is not limited to, any request or demand for money made or sought in a civil action, or made or sought in anticipation of the filing of a civil action, but shall not include requests or demands made pursuant to a life insurance or health insurance contract. If any such award or settlement payment was made, the Assistant Director shall subtract the sum of such award or settlement payments from the payment to be made under the Act. (d) In the case of a claim filed under subpart E of this part, the Assistant Director shall require the claimant or each eligible surviving beneficiary to execute and provide an affidavit (or declaration under oath on the standard claim form) setting forth the amount of any payment made pursuant to a final award or settlement on a claim against any person, or any payment by the Federal Government, that is based on injuries incurred by the claimant for which his/her claim under the Radiation Exposure Compensation Act was submitted. For purposes of this subsection, a "claim" includes, but is not limited to, any request or demand for money made or sought in a civil action, or made or sought in anticipation of a civil action, but shall not include requests or demands made pursuant to a life or health insurance contract. (1) Payments by the Federal Government shall include: (i) Any disability payments of compensation benefits paid to the claimant and his/her dependents while the claimant is alive; and (ii) Any Social Security payments of Dependency and Indemnity Compensation payments made to survivors due to death related to the illness for which the claim under the Act is submitted. (2) Payments by the Federal Government shall not include: (i) Active duty pay, retired pay, retainer pay, or payments under the Survivor Benefits Plan; (ii) Death gratuity; (iii) SGLI, VGLI, or mortgage, life or health insurance payments; (iv) Burial benefits or reimbursement for burial expenses; (v) Loans or loan guarantees; (vi) Education benefits and payments; (vii) Vocational rehabilitation benefits and payments; (viii) Medical, hospital and dental benefits; or (ix) Commissary and PX privileges. (3) If any such award, settlement or Federal payment was made, the Assistant Director shall calculate the actuarial present value of such payments, and subtract the actuarial present value from the payment to be made under the Act. The actuarial present value shall be calculated using the worksheet attached as appendix C of this part in the following manner: (1) Step 1. Enter the sum of the past payments received in each year in the appropriate rows in column (2). Additional rows will be added as needed to calculate present value of payments received in the years prior to 1960 and after 1990. (ii) Step 2. Enter the present CPI-U (to be obtained monthly from the Bureau of Labor Statistics, Department of Labor) in column (3). (iii) Step 3. Enter the CPI (Major Expenditure Classes-All Items) for each year in which payments were received in the appropriate row in column (4). (These measures are provided for 1960 through 1990. The measures for subsequent years will be obtained from the Bureau of Labor Statistics.) (iv) Step 4. For each row, multiply the amount in column (2) by the corresponding inflator (column (3) divided by column (4)) and enter the product in column (5). (v) Step 5. Add the products in column (5) and enter the sum on the line labelled "Total of column (5) equals actuarial present value of past payments." (vi) Step 6. Subtract the total in Step 5 from the statutory payment of $75,000 and enter the remainder on the line labelled "Net Claim Owed To Claimant." (e) When the Assistant Director has verified the identity of the claimant or each eligible surviving beneficiary who is entitled to the compensation payment, or to a share of the compensation payment, and determined the correct amount of the payment or the share of the payment, he shall notify the claimant or each eligible surviving beneficiary, or his/her legal guardian, and require such person(s) to sign an Acceptance of Payment Form. Such form shall be signed and returned within sixty days of the date of the form or such greater period as may be allowed by the Assistant Director. Failure to return the signed form within the required time may be deemed to be a rejection of the payment. Signing and returning the form within the required time shall constitute acceptance of the payment, unless the individual who has signed the form dies prior to receiving the actual payment, in which case the person who possesses the payment shall return it to the Assistant Direc tor for redetermination of the correct disbursement of the payment. (f) Rejected compensation payments, or shares of compensation payments, shall not be distributed to other eligible surviving beneficiaries, but shall be returned to the Trust Fund for use in paying other claims. (g) Upon receipt of the Acceptance of Payment Form, the Assistant Director and the Director or Deputy Director of the Constitutional and Specialized Tort Staff, Torts Branch, Civil Division, shall authorize the appropriate authorities to issue a check to the claimant or each surviving eligible beneficiary who has accepted payment out of the funds appropriated for this purpose. (h) Multiple payments: (1) No claimant may receive payment under more than one subpart of these regulations for illnesses he/she contracted. In addition to one payment for his/her illnesses, he/she may also receive one payment for each claimant for whom he/she qualifies as an eligible surviving beneficiary. (2) An eligible surviving beneficiary, who is not also a claimant, may receive one payment for each claimant for whom he/she qualifies as an eligible surviving beneficiary. APPENDIX A TO PART 79-PULMONARY FUNCTION TABLES |