Page:United States Statutes at Large Volume 104 Part 1.djvu/958

 104 STAT. 924 PUBLIC LAW 101-426—OCT. 15, 1990 (3) RIGHT OF SUBROGATION.— Upon payment of a claim under this section, the United States Government is subrogated for the amount of the payment to a right or claim that the individual to whom the payment was made may have against any person on account of injuries referred to in paragraph (2). (4) PAYMENTS IN THE CASE OF DECEASED PERSONS.— (A) IN GENERAL.—In the case of an individual who is deceased at the time of payment under this section, such payment may be made only as follows: (i) If the individual is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (ii) If there is no surviving spouse described in clause (i), such payment shall be made in equal shares to all children of the individual who are living at the time of payment. (iii) If there is no surviving spouse described in clause (i) and if there are no children described in clause (ii), such payment shall be made in equal shares to the parents of the individual who are living at the time of payment. (iv) If there is no surviving spouse described in clause (i), and if there are no children described in clause (ii) or parents described in clause (iii), such pa3anent shall be made in equal shares to all grandchildren of the individual who are living at the time of payment. (v) If there is no surviving spouse described in clause (i), and if there are no children described in clause (ii), parents described in clause (iii), or grandchildren described in clause (iv), then such payment shall be made in equal shares to the grandparents of the individual who are living at the time of payment. (B) INDIVIDUAUS WHO ARE SURVIVORS.—If an individual eligible for payment under section 4 or 5 dies before filing a clcum under this Act, a survivor of that individual who may receive payment under subparagraph (A) may file a claim for such payment under this Act. (C) DEFINITIONS.— For purposes of this paragraph— (i) the "spouse" of an individued means a wife or husband of that individual who was married to that individual for at least one year immediately before the death of that individual; (ii) a "child" includes a recognized natural child, a stepchild who lived with an individual in a r^ular parent-child relationship, and an adopted child; (iii) a "parent" includes fathers and mothers through adoption; (iv) a "grandchild" of an individual is a child of a child of tmtt individual; and (v) a "grandparent" of an individual is a parent of a parent of that individual. (d) ACTION ON CLAIMS. — The Attorney General shall complete the determination on each claim fUed in accordance with the procedures established under subsection (a) not later than twelve months after the claim is so filed. (e) PAYMENT IN FULL SETTLEMENT OF CLAIBAS AGAINST THE UNITED STATES.—The acceptance of payment by an individual under this

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