32 C.F.R. § 536.73   Claims payable.


Title 32 - National Defense


Title 32: National Defense
PART 536—CLAIMS AGAINST THE UNITED STATES
Subpart C—Claims Arising From Activities of National Guard Personnel While Engaged in Duty or Training

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§ 536.73   Claims payable.

(a) Tort claims. All claims for personal injuries, death, or damage to or loss of real or personal property, arising out of incidents occurring on or after 29 December 1981, based on negligent or wrongful acts or omissions of ARNG personnel acting within the scope of employment, within the United States while engaged in training or duty under 32 U.S.C. 316, 502, 503, 504, 505, or 709 will be processed under the FTCA, §536.50. Such claims arising before 29 December 1981 will, except as modified herein, be processed and settled in accordance with the provisions of §§536.20 through 536.35.

(b) Noncombat activities. A claim incident to the noncombat activities of the ARNG while engaged in duty or training under 32 U.S.C. 316, 502, 503, 504, 505, or 709 may be settled under §§536.70 through 536.81. “Noncombat activities” are defined in §536.3.

(c) Subrogated claims. Subrogated claims will be processed as prescribed in §536.5(b).

(d) Advance payments. Advance payments in partial settlement of meritorious claims to alleviate immediate hardship are authorized as provided in §536.13.

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