[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR32.15]

[Page 505]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 32_PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE 
 
                     Subpart B_Death Benefit Claims
 
Sec. 32.15  Prerequisite certification.

    (a) Except as provided in the Act, at 42 U.S.C. 3796c-1 or Public 
Law 107-37, and unless, for good cause shown, the Director grants a 
waiver, no claim shall be approved unless the following (which shall be 
necessary, but not sufficient, for such approval) are filed with the 
PSOB Office:
    (1) Subject to paragraph (b) of this section, a certification from 
the public agency in which the public safety officer served (as of the 
injury date) that he died as a direct and proximate result of a line of 
duty injury, and either--
    (i) That his survivors (listed by name, address, relationship to 
him, and amount received) have received (or legally are entitled to 
receive) the maximum death benefits legally payable by the agency with 
respect to deaths of public safety officers of his kind, rank, and 
tenure; or
    (ii) Subject to paragraph (c) of this section, that the agency is 
not legally authorized to pay--
    (A) Any benefits described in paragraph (a)(1)(i) of this section, 
to any person; or
    (B) Any benefits described in paragraph (a)(1)(i) of this section, 
to public safety officers of the kind, rank, and tenure described in 
such paragraph;
    (2) A copy of any rulings made by any public agency that relate to 
the officer's death; and
    (3) A certification from the claimant listing every individual known 
to him who is or might be the officer's child, spouse, or parent.
    (b) The provisions of paragraph (a)(1) of this section shall also 
apply with respect to every public agency that legally is authorized to 
pay death benefits with respect to the agency described in that 
paragraph.
    (c) No certification described in paragraph (a)(1)(ii) of this 
section shall be deemed complete unless it--
    (1) Lists every public agency (other than BJA) that legally is 
authorized to pay death benefits with respect to the certifying agency; 
or
    (2) States that no public agency (other than BJA) legally is 
authorized to pay death benefits with respect to the certifying agency.