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Rule 38 Availability of monies in the crime victims fund

(a) All compensation awards are subject to the availability of monies in the Fund. No compensation payments shall be made which exceed the amount of money in the Fund. The Court is not liable for a Final Determination of an award of compensation except to the extent that unencumbered monies are available in the Fund on the date the award is ordered.

(b) All compensation awards shall be paid in the order that they are forwarded to the Budget and Finance Operations Division of the Court by the date of the Request for Payment. When a Final Determination for an award is made and forwarded to the Budget and Finance Operations Division, the funds for payment of the award are thereby encumbered.

(c) If there are insufficient funds to pay an award, the claimant may agree to a proportional reduction of benefits. This reduction of benefits may be agreed to in order to receive compensation payments at an earlier date. A claimant who accepts a proportional reduction of benefits waives entitlement to the remaining portion of the settlement and thus may not in future years file for the amount of the reduction in claims.