New PSOB Regs

[GeorgeWendtCFI]

DOJ Finally Releases New PSOB Regulations

WASHINGTON, DC - On July 26, 2005, more than a year and a half after the bill was signed into law, the U.S. Department of Justice has finally issued proposed regulations implementing the Hometown Heroes Survivor Benefits Act, which expands the Public Safety Officer Benefit (PSOB) program to cover firefighters who die from a heart attack or stroke suffered in the line of duty.

The proposed regulations include a 60-day comment period, ending on September 26, 2005, before the final regulations go into place. The NVFC is currently reviewing the proposed regulations and will be providing comments to the Department of Justice on behalf of America’s volunteer fire and EMS personnel.

The PSOB program currently provides a one-time death benefit payment of $275,658 to families of public safety officers (fire, police and EMS) killed in the line of duty, as well as to officers permanently disabled while on duty. The death benefit is payable to the survivors of a public safety officer who "has died as the direct and proximate result of a personal injury sustained in the line of duty. Unfortunately, in almost every incidence of death by heart attack or stroke, it had been ruled that the heart attack or stroke was not a direct result of an injury sustained in the line of duty and the family receives no benefits even though the deaths were clearly triggered by the rigors of the job.

The Hometown Heroes Survivor Benefit Act will correct that deficiency in the law, by ensuring that a public safety officer who suffers a fatal heart attack or stroke while on duty or not later than 24 hours after participating in a physical training exercise or responding to an emergency situation, is presumed to have died in the line of duty.

To view the proposed rules, go to: http://www.regulations.gov/fredpdfs/05-14659.pdf. All fire and EMS personnel are welcome to provide written comments.