28 C.F.R. § 104.62

Time limit on filing claims

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(a) In general. Group B claims. Group B claims that were not submitted to the Victim Compensation Fund on or before December 17, 2015 may be filed by an individual (or by a personal representative on behalf of a deceased individual) during the period beginning on June 15, 2016, and ending on December 18, 2020. Notwithstanding the above, an individual who intends to file a Group B claim must register with the Victim Compensation Fund in accordance with the following:

(1) In the case that the individual knew (or reasonably should have known) before October 3, 2011, that the individual suffered a physical harm or died as a result of the terrorist-related aircraft crashes of September 11, 2001, or as a result of debris removal, and is eligible to file a claim under this part as of October 3, 2011, the individual or representative of such individual as appropriate may file a claim not later than October 3, 2013.

(2) In the case that the individual first knew (or reasonably should have known) on or after October 3, 2011, that the individual suffered a physical harm or died or in the case that the individual became eligible to file a claim under this part on or after that date, the individual or representative of such individual as appropriate may file a claim not later than the last day of the 2-year period beginning on the date that the individual or representative first knew (or should have known) that the individual both suffered from such harm and was eligible to file a claim under this title, but in no event beyond December 18, 2020.

(b) Determination by Special Master. The Special Master or the Special Master's designee should determine the timeliness of all claims under paragraph (a) of this section.

[81 FR 38941, June 15, 2016, as amended at 81 FR 60620, Sept. 2, 2016]

Notes of Decisions

Cited in 3 cases, 2003–2005 · leading case: Virgilio v. City of New York, 407 F.3d 105 (2d Cir. 2005).

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Virgilio v. City of New York, 407 F.3d 105 (2d Cir. 2005). “See Air Stabilization Act 405(a)(3), 407; 28 C.F.R. 104.62. The Special Master appointed to oversee the Fund, Kenneth R.”

Colaio v. Feinberg, 262 F. Supp. 2d 273 (S.D.N.Y. 2003). “1 (2003), and the December 22, 2003 deadline for filing claims with the Fund, see 28 C.F.R. § 104.62 (2003). The governor and legislature of New York have recently agreed to extend the statute of limitations for wrongful death suits brought by victims of September 11 to March…”

Virgilio v. City of New York, 407 F.3d 105 (2d Cir. 2005). “See Air Stabilization Act §§ 405(a)(3), 407; 28 C.F.R. 104.62. The Special Master appointed to oversee the Fund, Kenneth R.”

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