NCJ Number
53040
Journal
FBI Law Enforcement Bulletin Volume: 47 Issue: 12 Dated: (DECEMBER 1978) Pages: 2-6
Date Published
1978
Length
5 pages
Annotation
BENEFITS AVAILABLE TO STATE AND LOCAL CRIMINAL JUSTICE EMPLOYEES THROUGH FEDERAL LEGISLATION AND PROGRAMS ARE EXAMINED, AND ADMINISTRATIVE PROCEDURES FOR CLAIMS ARE DESCRIBED.
Abstract
THE PUBLIC SAFETY OFFICERS' BENEFITS ACT OF 1976 ALLOWS THE PAYMENT OF A MAXIMUM OF $50,000 TO SURVIVORS OF A NONFEDERAL PUBLIC SAFETY OFFICER FOR DEATH OR DEATH RESULTING FROM PERSONAL INJURY RECEIVED IN THE LINE OF DUTY. THIS ACT PROVIDES BENEFITS ONLY IN CASES RESULTING IN THE DEATH OF AN EMPLOYEE. THERE ARE NO PROVISIONS FOR DISABILITY PAYMENTS SIMILAR IN SCOPE TO WORKMEN'S COMPENSATION. DEATH OR INJURY MUST BE OF A TRAUMATIC NATURE. BENEFITS ARE DENIED IN ANY CASE WHERE DEATH WAS CAUSED BY THE INTENTIONAL MISCONDUCT OF AN EMPLOYEE, IN THE CASE OF SUICIDE, AND WHEN VOLUNTARY INTOXICATION WAS THE PROXIMATE CAUSE OF DEATH. TITLE 5 OF THE U.S. CODE PROVIDES A MONTHLY PENSION SUPPLEMENT FOR SURVIVORS OF A LOCAL LAW ENFORCEMENT OFFICER WHO IS KILLED OR DISABLED WHILE ENFORCING A FEDERAL LAW. BENEFITS ACCRUE ONLY TO LAW ENFORCEMENT OFFICERS AND DO NOT INCLUDE OTHER CRIMINAL JUSTICE EMPLOYEES OR FIREFIGHTERS. A MAXIMUM PAYMENT OF $255 IS AUTHORIZED FOR THE DEATH OF A QUALIFIED PERSON UNDER SOCIAL SECURITY. MONTHLY PAYMENTS TO MINOR CHILDREN ARE AVAILABLE WHEN THE DECEASED HAS CONTRIBUTED THE PROPER NUMBER OF QUALIFYING HOURS IN SOCIAL SECURITY PAYMENTS. A MAXIMUM OF $400 IS AUTHORIZED BY THE VETERANS' ADMINISTRATION FOR FUNERAL AND CERTAIN OTHER EXPENSES FOR QUALIFIED PERSONS. PENSION ASSISTANCE FOR SURVIVING SPOUSES AND MINOR CHILDREN MAY ALSO BE AVAILABLE, DEPENDING ON THE LEVEL OF THEIR INCOME. NONSERVICE MONTHLY DISABILITY PAYMENTS ARE AUTHORIZED AS WELL. IN REVIEWING A POSSIBLE CLAIM FOR DEATH OR DISABILITY BENEFITS UNDER FEDERAL LAWS AND PROGRAMS, IT IS NECESSARY TO DETERMINE IF THE DECEASED OR DISABLED EMPLOYEE HAS ENTITLEMENT STATUS UNDER A PARTICULAR STATUTE. THE ENTITLEMENT STATUS OF ANY BENEFICIARY MUST BE ASCERTAINED. ELIGIBILITY FOR BENEFITS MUST BE CLOSELY REVIEWED ON A CASE-BY-CASE BASIS. ADMINISTRATIVE CLAIM FORMS AND REQUIREMENTS FOR THE SUBMISSION OF SUPPORTING EVIDENTIARY DATA FROM ONE FEDERAL AGENCY TO ANOTHER ARE INCLUDED. (DEP)