28 CFR § 104.42 - Applicable state law.

---
identifier: "/us/cfr/t28/s104.42"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 104.42 - Applicable state law."
title_number: 28
title_name: "Judicial Administration"
section_number: "104.42"
section_name: "Applicable state law."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "104"
part_name: "SEPTEMBER 11TH VICTIM COMPENSATION FUND"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Title IV of Pub. L. 107-42, 115 Stat. 230, 49 U.S.C. 40101 note; Title II of Pub. L. 111-347, 124 Stat. 3623; Title IV of Pub. L. 114-113, 129 Stat. 2242."
regulatory_source: "81 FR 38941, June 15, 2016, unless otherwise noted."
cfr_part: "104"
---


# 104.42 Applicable state law.

The phrase “to the extent recovery for such loss is allowed under applicable state law,” as used in the statute's definition of economic loss in section 402(5) of the Act, is interpreted to mean that the Special Master is not permitted to compensate claimants for those categories or types of economic losses that would not be compensable under the law of the state that would be applicable to any tort claims brought by or on behalf of the victim.