(a) Pursuant to section 9(g) of the Act, 33 U.S.C. 909(g),
compensation paid to aliens not residents, or about to become
nonresidents, of the United States or Canada shall be in the same amount
as provided for residents except that dependents in any foreign country
shall be limited to surviving spouse and child or children, or if there
be no surviving spouse or child or children, to surviving father or
mother whom the employee has supported, either wholly or in part, for
the period of 1 year prior to the date of injury, and except that the
Director, OWCP, may, at his option, or upon the application of the
insurance carrier he shall, commute all future installments of
compensation to be paid to such aliens by paying or causing to be paid
to them one-half of the commuted amount of such future installments of
compensation as determined by the Director.
(b) Applications for commutation under this section shall be made in
writing to the district director having jurisdiction, and forwarded by
the district director to the Director, for final action.
(c) Applications for commutations shall be made effective, if
approved by the Director, on the date received by the district director,
or on a later date if shown to be appropriate on the application.
(d) Commutations shall not be made with respect to a person
journeying abroad for a visit who has previously declared an intention
to return and has stated a time for returning, nor shall any commutation
be made except upon the basis of a compensation order fixing the right
of the beneficiary to compensation.
[50 FR 394, Jan. 3, 1985]
