Ala. Admin. Code r. 262-X-4-.08

Current through Register Vol. 42, No. 10, July 31, 2024

Section 262-X-4-.08 - Out-Of-State Claims

(1) Pursuant to § 15-23-3(2) b of the Code of Ala. 1975, criminally injurious conduct includes an act occurring or attempted outside the geographical boundaries of this state in another state of the United States of America which is punishable by fine, imprisonment, or death and which results in personal injury or death to a citizen of this state, and shall include an act of terrorism, as defined in Section 2331 of Title 18, United States Code, committed outside of the United States, against a resident of this state; provided however, the citizen at the time such act was committed had a permanent place of residence within the geographical boundaries of this state, and in addition thereto any of the following circumstances apply, that the citizen:

(a) Had a permanent place of employment located within the geographical boundaries of this state.

(b) Was a member of the regular Armed Forces of the United States of America; or the United States Coast Guard; or was a full-time member of the Alabama National Guard, Alabama Air National Guard, U.S. Army Reserve, U.S. Naval Reserve, or U.S. Air Force Reserve.

(c) Was retired and receiving Social Security or other retirement income.

(4) Was 60 years of age or older.

(5) Was temporarily in another state of the United States of America for the purpose of receiving medical treatment.

(6) Was temporarily in another state of the United States of America for the purpose of performing employment-related duties required by an employer located within the geographical boundaries of this state as an express condition of employment or employee benefits.

(7) Was temporarily in another state of the United States of America for the purpose of receiving occupational, vocational, or other job-related training or instruction required by an employer located within the geographical boundaries of this state as an express condition of employment or employee benefits.

(8) Was a full-time student at an academic institution, college, or university located in another state of the United States of America.

(9) Had not departed the geographical boundaries of this state for a period exceeding 30 days or with the intention of becoming a citizen of another state or establishing a permanent place of residence in another state.

(2) The term "criminally injurious conduct" shall not mean: An act committed outside the geographical boundaries of this state upon a person who was not at the time a citizen of Alabama, or an act committed outside the geographical boundaries of this state upon a person who at the time had departed the geographical boundaries of this state for the purpose of becoming a citizen of, or establishing a permanent place of residence in, another state.

(3) For the purpose of determining eligibility for out-of state compensation claims, a citizen of the State of Alabama is defined as all citizens of the United States with a permanent place of residence in the State of Alabama.

(4) All collateral sources must be considered prior to payment of compensation benefits for incidents of criminally injurious conduct occurring outside the geographical boundaries of the State of Alabama.

Ala. Admin. Code r. 262-X-4-.08

New Rule: Filed December 9, 2013; effective January 13, 2014.

Author: Dr. Cassie T. Jones

Statutory Authority:Code of Ala. 1975, § 15-23-5(14).