Title: Public Safety Officers' Benefits Program: Response to the September 11, 2001 Terrorist Attacks Series: Fact Sheet Author: Bureau of Justice Assistance Published: September 2001 Subject: law enforcement -- general, terrorism, victim compensation, victim services 6 pages 12,288 bytes ---------------------------- U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance BJA Bureau of Justice Assistance Fact Sheet Richard R. Nedelkoff, Director Public Safety Officers' Benefits Program: Response to the September 11, 2001 Terrorist Attacks Program Benefits The Public Safety Officers' Benefits (PSOB) Program provides a one-time financial benefit to the eligible survivors of public safety officers whose deaths are the direct and proximate result of a traumatic injury sustained in the line of duty. Since October 15, 1988, the benefit has been adjusted each year on October 1 to reflect the percentage of change in the Consumer Price Index. The fiscal year 2001 benefit is $151,635. The PSOB Program provides the same benefit to public safety officers who have been permanently and totally disabled by a catastrophic personal injury sustained in the line of duty if that injury permanently prevents the officer from performing any gainful work. Medical retirement, workman's compensation, or social security benefits for a line of duty disability do not, in and of themselves, establish eligibility for PSOB Program benefits. Public Safety Officers Eligible for PSOB Program Benefits Under the PSOB Program, a public safety officer is a person serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, firefighter, or member of a public rescue squad or ambulance crew. Law enforcement officers include, but are not limited to, police, corrections, probation, parole, and judicial officers. Volunteer firefighters and members of volunteer rescue squads and ambulance crews are covered under the program if they are officially recognized or designated members of legally organized volunteer fire departments, rescue squads, or ambulance crews. In October 2000, Public Law 106-390 (Sec. 305) designated Federal Emergency Management Agency (FEMA) employees as public safety officers under the PSOB Act if they are performing official, hazardous duties related to a declared major disaster or emergency. Under the same circumstances, state, local, and tribal emergency management or civil defense agency employees working in cooperation with FEMA are considered public safety officers under the PSOB Act. Survivors Eligible for Program Death Benefits Once the Bureau of Justice Assistance (BJA) approves a claim for death benefits, the benefit will be paid to eligible survivors in a lump sum, as follows: o If there are no surviving children of the deceased officer, to the surviving spouse. o If there is a surviving child or children and a surviving spouse, one-half to the child or to the children in equal shares and one-half to the surviving spouse. o If there is no surviving spouse, to the child or in equal shares to the children. o If none of the above apply, to the parent or in equal shares to the parents. Under the PSOB Act, child is defined as any natural child who was born before or after the death of the public safety officer, or who is an adopted child or stepchild of the deceased public safety officer. At the time of death, the child must be 18 years of age or younger; or 19 through 22 years of age and pursuing a full-time course of study or training, if the child has not already completed 4 years of education beyond high school; or 19 years or older and incapable of self-support due to a physical or mental disability. Attachment and Tax Exemption PSOB death and disability benefits are not subject to execution or attachment by creditors. The Internal Revenue Service (IRS) has ruled that the benefit is not subject to federal income tax (IRS Ruling No. 77-235, IRS 1977-28) or to federal estate tax (IRS Ruling No. 79-397). Attorneys' Fees The PSOB Act authorizes BJA to establish the maximum fee that may be charged for services rendered to the claimant by another party in connection with any PSOB claim filed with BJA. Contracts for a stipulated fee and contingent fee arrangements are prohibited by PSOB regulations (28 C.F.R. 32.22(b)). BJA assumes no responsibility for payment of claimant attorney fees (28 C.F.R. 32.22(d)). Public Safety Officers' Educational Assistance Program The PSOB Program also includes the Public Safety Officers' Educational Assistance (PSOEA) Program, which provides an educational assistance allowance to eligible survivors of public safety officers whose deaths or permanent and total disabilities are the direct and proximate result of a traumatic injury sustained in the line of duty. PSOEA benefits may be used solely to defray educational expenses, including tuition, room and board, books, supplies, and education-related fees. The amount of assistance is determined by whether the student attended school as a full-time, three-quarter-time, or half-time student. Also, the amount of assistance is subject to change consistent with the current computation of educational assistance allowance set forth in Title IV of the Higher Education Act, Section 3532 of Title 38, United States Code. Currently, the benefit for full-time students is $485 a month, three-quarter-time, $365, half-time, $242, and less-than-half-time, $121. Filing a Claim Eligible survivors or disability claimants resulting from the September 11 terrorist attack may file claims through the public safety agency, organization, or unit in which the public safety officer served. BJA has followed the Attorney General's directive to exercise the full scope of our discretion under the governing statute and applicable regulations to facilitate prompt payment of these claims. Contact Information BJA staff has met with benefits coordinators for most of the departments affected by this tragedy, and we have pledged to work with them to provide the best possible support for the surviving families. BJA can best serve the families if they work through their departments benefits coordinators. The BJA Public Safety Officers' Benefits Program staff, augmented by a special response team, are available to assist you. Bureau of Justice Assistance Public Safety Officers' Benefits Program 810 Seventh Street NW. Washington, DC 20531 Toll Free: 1-888-SIGNL13 (744-6513) 202-307-0635 Fax: 202-616-0314 Department Benefits Coordinators: Fire Department of New York Christine Lee, Administrator Medical Board Fire Department of New York 9 Metro Tech Center, Room 2E-10 Brooklyn, NY 11201-3857 718-999-1951 Larry Curran, Coordinator Public Safety Officers' Benefits International Association of Fire Fighters 31 Westvale Street Milton, MA 02186 617-288-2100 New York City Police Department John P. Buettner, Principal Benefits Examiner New York City Police Department 1 Police Plaza, Room 1102 New York, NY 10038-1497 212-374-1063 (w) 347-513-5090 (cell) Joseph Maccone, Pension Consultant Patrolmen's Benevolent Association 40 Fulton Street New York, NY 10038-1850 Toll Free: 1-877-722-6789 212-233-5531 Port Authority Police Department Officer Dante Castro-Recio Port Authority Police Department 611 Palisade Avenue Englewood Cliffs, NJ 07632 1805 201 871 2100 Bing Markee, Second Vice President Port Authority Police Benevolent Association 611 Palisade Avenue Englewood Cliffs, NJ 07632 1805 201 871 2100 New York State Supreme Court Police Department Brigid Gambella, Benefits Administration Office of Court Administration New York State Courts 25 Beaver Street, Room 1053 New York, NY 10004 212-428-2548 James Carr, President New York State Supreme Court Officers' Association 299 Broadway New York, NY 10007 212-406-4292 For victim assistance information: Office for Victims of Crime Family Assistance Call Center 1-800-331-0075 1-800-833-6885 (TDD) World Wide Web: www.responsecare.com Federal Emergency Management Agency 1-800-462-9029 For case status information only: 1-800-525-0321 New York State Crime Victims Board 1-800-247-8035 Pentagon Family Assistance Center 1-800-487-3450 703-920-7212 Virginia Compensation Commission 1-800-552-4007 804-378-3434 Pennsylvania Victim Compensation Division 1-800-692-7292 717-783-5135 National organizations: Concerns of Police Survivors 1-800-784-2677 E-mail: cops@nationalcops.org World Wide Web: www.nationalcops.org National Fallen Firefighters Foundation 301-447-1365 E-mail: firehero@erols.com World Wide Web: www.firehero.org ---------------------------- FS 000277 September 2001