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16.571 PUBLIC SAFETY OFFICERS' BENEFITS PROGRAM

FEDERAL AGENCY
OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, DEPARTMENT OF JUSTICE

AUTHORIZATION
Public Safety Officers' Benefits Act of 1976, as amended (42 U.S.C. 3796, Section 1201, Public Law No. 90-351, part L of Title I of the Omnibus Crime Control and Safe Streets Act of 1968).

OBJECTIVES
To provide a $275,658 death benefit (FY 2005) 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.

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.

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. 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 Public Safety Officers' Benefits (PSOB) Act, enacted in 1976, was designed to offer peace of mind to men and women seeking careers in public safety and to make a strong statement about the value American society places on the contributions of those who serve their communities in potentially dangerous circumstances. The 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. As of October 1, 2007, the death benefit amount is $303,064.

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.

Preapplication Coordination
Employing agencies and/or claimants should initiate a claim by writing to or telephoning the Payments and Benefits Division, 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 same. 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: If the officer is survived by spouse, but there are no eligible children, the spouse will receive 100% of the benefit. If the officer is survived by spouse and eligible children, the spouse will receive 50% of the benefit and the children will receive equal shares of the remaining 50%. If the officer is survived by eligible children but no spouse, the children will receive equal shares of the benefit. If the officer is survived by neither a spouse, nor eligible children and does not have a life insurance policy, then the benefit will be made payable to the surviving 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
Dependening on circumstances of death, sufficiency of claim documentation, and/or the need for expert medical reviews. This varies from case to case.

Appeals
A claimant may, within 30 days after notification of denial of eligibility, 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 of Payments and Benefits Division, Public Safety Officers' Benefits Program, Bureau of Justice Assistance, Washington, DC 20531. Telephone: 1-888-744-6513.

Renewals
None.

Formula and Matching Requirements
None.

Length and Time Phasing of Assistance
None.

Reports
None.

Audits
None.

Records
None.

Account Identification
15-0403-0-1-754.

Obligations
FY 07 $68,821,622; FY 08 $70,854,000; and FY 09 est. not available.

Range and Average of Financial Assistance
None.

PROGRAM ACCOMPLISHMENTS
In Fiscal Year 2006, PSOB developed the E-package. Using the E-package, program staff proactively email claim packages to public safety agencies when a public safety officer is either killed or becomes permanently and totally disabled in the line of duty. All standard documents have been translated from English to Spanish. All PSOB applications are now web-based.

REGULATIONS, GUIDELINES, AND LITERATURE
Title 28, Code of Federal Regulations, Part 32.

Regional or Local Office
None.

Headquarters Office
Public Safety Officers' Benefits Program, Bureau of Justice Assistance, Washington, DC 20531. Contact: Valerie Neal, Senior Benefits Officer. Telephone: (202) 616-6500 or (1-888)744-6513 or by E-mail: AskPSOB@usdoj.gov.

Web Site Address
http://www.ojp.usdoj.gov/BJA/grant/psob/psob_main.html

RELATED PROGRAMS
None.

EXAMPLES OF FUNDED PROJECTS
None.

CRITERIA FOR SELECTING PROPOSALS
None.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)