To provide a $259,038 death
benefit to the eligible survivors of Federal, State or local public safety
officers whose death is the direct and proximate result of a personal
(traumatic) injury sustained in the line of duty. Effective November 29, 1990,
the Act also provides the same benefit to a public safety officer who has been
permanently and totally disabled as the direct result of a catastrophic
personal injury sustained in the line of duty. The injury must permanently
prevent the officer from performing any gainful work.
TYPES OF ASSISTANCE:
Direct Payments with Unrestricted Use. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
To provide a one-time financial death benefit to the eligible survivors of
Federal, State or local public safety officers, and disability benefit to the
Federal, State or local public safety officer, whose permanent and total
disability is the direct and proximate result of a catastrophic personal
injury sustained in the line of duty. There are no restrictions as to how the
monies are spent once they reach the recipient with the exception that monies
paid on behalf of minor children must be used for their care and benefit.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility:
Public safety officers--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 if they are officially recognized or designated members of
legally organized volunteer fire, rescue or ambulance departments. Disabled
public safety officers and eligible survivors of deceased public safety officers
in the District of Columbia, Puerto Rico, Guam, Virgin Islands, American Samoa,
the Pacific Trust Territories and the Northern Mariana Islands are also entitled
to benefits under the Act. Death benefit coverage for (1) State and local law
enforcement officers and firefighters applies to deaths occurring on or after
September 29, 1976; (2) Federal law enforcement officers and firefighters
applies to deaths occurring on or after October 12, 1984; (3) Federal, State and
local rescue squad and ambulance crew members applies to death occurring on or
after October 15, 1986; and (4) Federal Emergency Management Agency (FEMA)
personnel and State, local, and tribal emergency management and civil defense
agency employees are covered for deaths occurring on or after October 30, 2000.
Disability benefit coverage for Federal, State and local law enforcement
officers, firefighters and members of public rescue squads and ambulance crews
applies to injuries sustained on or after November 29, 1990. FEMA personnel and
State, local and tribal emergency management and civil defense agency employees
are covered for such injuries sustained on or after October 30, 2000.
Beneficiary Eligibility:
The spouse and children of the public safety
officer are eligible survivors. The parents of the public safety officer become
eligible if the public safety officer is not survived by a spouse or children.
Children include any natural, out-of-wedlock, adopted or posthumous child, or
stepchild who is 18 years old or younger. Children over 18 may be eligible if
they are full-time students or incapable of self-support at the time of the
public safety officers' death.
Credentials/Documentation:
Claim forms entitled "Claim for Death
Benefits" and "Report of Public Safety Officers' Death" or
"Report of Public Safety Officer's Permanent and Total Disability,"
and supporting family, medical and investigative documentation. This program is
excluded from coverage under OMB Circular No. A-87.
Employing agencies and/or claimants
should initiate a claim by writing to or telephoning the Benefits Office, Public
Safety Officers' Benefits Program, Bureau of Justice Assistance, Washington, DC
20531. Telephone: 1-888-SIGNL13 (744-6513). Upon receiving such notification,
program staff will provide claim forms and advise the employing agency and
claimant of claim documentation requirements. This program is excluded from
coverage under E.O. 12372.
Application Procedure:
Submit "Claim for Death Benefits" and
"Report of Public Safety Officers' Death" or "Report of Public
Safety Officers' Permanent and Total Disability," and supporting
documentation to the Benefits Office, Public Safety Officers' Benefits Program,
Bureau of Justice Assistance, Washington, DC 20531. This program is excluded
from coverage under OMB Circular Nos. A-102 and A-110.
Award Procedure:
Upon a finding of eligibility by the Bureau of
Justice Assistance, eligible claimants are awarded a lump sum benefit. For Death
Benefit: Entire benefit to surviving spouse if no children. If there are
children, one-half of benefit to spouse with remaining one- half to child or
children in equal shares. If no spouse, entire benefit to child or children in
equal shares. If no spouse or children, entire benefit to parent or parents in
equal shares.
Deadlines:
Claim may be filed up to 1 year following a public safety
officer's death or prerequisite disability certification. (A preliminary
determination by the PSOB Office that the officer is medically retired from
his/her agency, and receiving the maximum disability compensation allowed by
his/her jurisdiction.)
Range of Approval/Disapproval Time:
Dependent on circumstances of
death, sufficiency of claim documentation, and/or the need for expert medical
reviews.
Appeals:
A claimant may, within 30 days after notification of
ineligibility, request an oral appeal hearing. When making this request, the
claimant may waive the oral appeal hearing and within 60 days, present written
evidence for reconsideration by an Administrative Hearing Officer. A claimant
may initiate an appeal by writing the Chief, Benefits Office, Public Safety
Officers' Benefits Program, Bureau of Justice Assistance, Washington, DC 20531.
Renewals:
Not applicable.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements:
Not applicable.
Length and Time Phasing of Assistance:
Not applicable.
POST ASSISTANCE REQUIREMENTS:
Reports:
Not applicable.
Audits:
Not applicable.
Records:
Not applicable.
FINANCIAL INFORMATION:
Account Identification:
15-0403-0-1-754.
Obligations:
(Direct payments) FY 01 $23,763,483; FY 02 est
$151,533,000; and FY 03 est $49,054,000.
In fiscal year 2001, $22,591,000 in death claims and $2,135,000 in disability
claims were obligated from funds available in that year. These amounts do not
include pending claims or claims associated with the 9/11/2001 terrorist
attacks.
REGULATIONS, GUIDELINES, AND LITERATURE:
Title 28, Code of Federal Regulations, Part 32.
INFORMATION CONTACTS:
Regional or Local Office:
None.
Headquarters Office:
Benefits Office, Public Safety Officers' Benefits
Program, Bureau of Justice Assistance, Washington, DC 20531. Telephone: (202)
307-0635 or 1-888-SIGNL13 (744-6513). Use the same number for FTS.
