TN 3 (11-88)

GN 04020.090 Unrestricted Reopening - Conviction of Felonious and Intentional Homicide — Policy Principle

A final determination or decision that a claimant is entitled to monthly benefits or to a lump-sum death payment based on the earnings of a deceased individual may be reopened at any time if it is later established that the claimant was convicted by a court of competent jurisdiction of the felonious and intentional homicide of such deceased individual (GN 00304.060, Forfeiture of Entitlement — Homicide of the Worker). We may also reopen at any time if a claimant subject to the juvenile justice system is found by a court of competent jurisdiction to have intentionally caused the death of the NH by committing an act which, if committed by an adult, would have been considered a felony or an act in the nature of a felony (GN 00304.070, Homicide by Child). If the claimant's conviction is subsequently overturned, we can reopen and pay benefits retroactive to the first MOE.