§10281. Payment of death benefits
(a) Amount; recipients
In any case in which the Bureau of Justice Assistance (hereinafter in this subchapter referred to as the "Bureau") determines, under regulations issued pursuant to this subchapter, that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, the Bureau shall pay a benefit of $250,000, adjusted in accordance with subsection (h), as follows (if the payee indicated is living on the date on which the determination is made)-
(1) if there is no child who survived the public safety officer, to the surviving spouse of the public safety officer;
(2) if there is at least 1 child who survived the public safety officer and a surviving spouse of the public safety officer, 50 percent to the surviving child (or children, in equal shares) and 50 percent to the surviving spouse;
(3) if there is no surviving spouse of the public safety officer, to the surviving child (or children, in equal shares);
(4) if there is no surviving spouse of the public safety officer and no surviving child-
(A) to the surviving individual (or individuals, in shares per the designation, or, otherwise, in equal shares) designated by the public safety officer to receive benefits under this subsection in the most recently executed designation of beneficiary of the public safety officer on file at the time of death with the public safety agency, organization, or unit; or
(B) if there is no individual qualifying under subparagraph (A), to the surviving individual (or individuals, in equal shares) designated by the public safety officer to receive benefits under the most recently executed life insurance policy of the public safety officer on file at the time of death with the public safety agency, organization, or unit;
(5) if there is no individual qualifying under paragraph (1), (2), (3), or (4), to the surviving parent (or parents, in equal shares) of the public safety officer; or
(6) if there is no individual qualifying under paragraph (1), (2), (3), (4), or (5), to the surviving individual (or individuals, in equal shares) who would qualify under the definition of the term "child" under section 10284 of this title but for age.
(b) Benefits for permanent and total disability
In accordance with regulations issued pursuant to this subchapter, in any case in which the Bureau determines that a public safety officer has become permanently and totally disabled as the direct and proximate result of a personal injury sustained in the line of duty, the Bureau shall pay the same benefit to the public safety officer (if living on the date on which the determination is made) that is payable under subsection (a) with respect to the date on which the catastrophic injury occurred, as adjusted in accordance with subsection (h): Provided, That for the purposes of making these benefit payments, there are authorized to be appropriated for each fiscal year such sums as may be necessary: Provided further, That the amount payable under this subsection shall be the amount payable as of the date of catastrophic injury of such public safety officer.
(c) Interim benefit payment
Whenever the Bureau determines upon showing of need and prior to final action that the death of a public safety officer is one with respect to which a benefit will probably be paid, the Bureau may make an interim benefit payment not exceeding $3,000 to the individual entitled to receive a benefit under subsection (a) of this section.
(d) Deduction of interim payment
The amount of an interim payment under subsection (c) shall be deducted from the amount of any final benefit paid to such individual.
(e) Repayment of interim payment; waiver
Where there is no final benefit paid, the recipient of any interim payment under subsection (c) shall be liable for repayment of such amount. The Bureau may waive all or part of such repayment, considering for this purpose the hardship which would result from such repayment.
(f) Reductions from final benefit payment
The benefit payable under this subchapter shall be in addition to any other benefit that may be due from any other source, except-
(1) payments authorized by section 12(k) of the Act of September 1, 1916;
(2) benefits authorized by section 8191 of title 5, such that beneficiaries shall receive only such benefits under such section 8191 as are in excess of the benefits received under this subchapter; or
(3) payments under the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note;
(g) Execution or attachment prohibited
No benefit paid under this subchapter shall be subject to execution or attachment.
(h) Consumer Price Index adjustment
On October 1 of each fiscal year beginning after June 1, 1988, the Bureau shall adjust the level of the benefit payable immediately before such October 1 under subsection (a), to reflect the annual percentage change in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics, occurring in the 1-year period ending on June 1 immediately preceding such October 1.
(i) Amount payable determined as of date of death
The amount payable under subsection (a) with respect to the death of a public safety officer shall be the amount payable under subsection (a) as of the date of death of such officer.
(j) Limitations on benefits
(1) No benefit is payable under this subchapter with respect to the death of a public safety officer if a benefit is paid under this subchapter with respect to the disability of such officer.
(2) No benefit is payable under this subchapter with respect to the disability of a public safety officer if a benefit is payable under this subchapter with respect to the death of such public safety officer.
(k) Death by heart attack, stroke, or vascular rupture; presumption
As determined by the Bureau, a heart attack, stroke, or vascular rupture suffered by a public safety officer shall be presumed to constitute a personal injury within the meaning of subsection (a), sustained in the line of duty by the officer and directly and proximately resulting in death, if-
(1) the public safety officer, while on duty-
(A) engages in a situation involving nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, or other emergency response activity; or
(B) participates in a training exercise involving nonroutine stressful or strenuous physical activity;
(2) the heart attack, stroke, or vascular rupture commences-
(A) while the officer is engaged or participating as described in paragraph (1);
(B) while the officer remains on that duty after being engaged or participating as described in paragraph (1); or
(C) not later than 24 hours after the officer is engaged or participating as described in paragraph (1); and
(3) the heart attack, stroke, or vascular rupture directly and proximately results in the death of the public safety officer,
unless competent medical evidence establishes that the heart attack, stroke, or vascular rupture was unrelated to the engagement or participation or was directly and proximately caused by something other than the mere presence of cardiovascular-disease risk factors.
(l) Definition
For purposes of subsection (k), "nonroutine stressful or strenuous physical" excludes actions of a clerical, administrative, or nonmanual nature.
(m) Suspension or end of collection action
The Bureau may suspend or end collection action on an amount disbursed pursuant to a statute enacted retroactively or otherwise disbursed in error under subsection (a) or (c), where such collection would be impractical, or would cause undue hardship to a debtor who acted in good faith.
(n) Confidentiality
The public safety agency, organization, or unit responsible for maintaining on file an executed designation of beneficiary or executed life insurance policy for purposes of subsection (a)(4) shall maintain the confidentiality of the designation or policy in the same manner as the agency, organization, or unit maintains personnel or other similar records of the public safety officer.
(
Editorial Notes
References in Text
Section 12 of the Act of September 1, 1916, referred to in subsec. (f)(1), is section 12 of act Sept. 1, 1916, ch. 433,
The September 11th Victim Compensation Fund of 2001, referred to in subsec. (f)(3), is title IV of
Codification
Section was formerly classified to section 3796 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Prior Provisions
A prior section 1201 of title I of
Another prior section 1201 of
Amendments
2013-Subsec. (a).
Subsec. (b).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (f)(3).
Subsec. (k).
Subsec. (n).
2006-Subsec. (a)(4).
Subsec. (a)(6).
Subsec. (m).
2003-Subsecs. (k), (l).
2002-Subsec. (a)(4), (5).
2001-Subsec. (a).
1994-Subsec. (a).
Subsec. (b).
1992-Subsec. (b).
1990-Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
Subsecs. (f) to (i).
Subsec. (j).
1988-Subsec. (a).
Subsec. (a)(4).
Subsecs. (g), (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Amendment by
Effective Date of 2002 Amendment
Effective Date of 2001 Amendment
Effective Date of 1992 Amendment
Effective Date of 1990 Amendment
Effective Date of 1988 Amendment
Effective Date
Subchapter effective Oct. 1, 1984, and inapplicable with respect to injuries sustained before Oct. 1, 1984, see section 609AA(b)(1) of
Safeguarding America's First Responders
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Safeguarding America's First Responders Act of 2020'.
"SEC. 2. SENSE OF CONGRESS; PURPOSE.
"(a)
"(1) an infectious disease pandemic known as COVID–19 exists;
"(2) to date, there is much still unknown about COVID–19, but it is known that COVID–19 and related complications may be fatal;
"(3) services provided by public safety officers are nonetheless essential during this pandemic;
"(4) due to the COVID–19 pandemic and what is currently known about how the disease is spread, public safety officers are uncharacteristically at risk of contracting the disease; and
"(5) although the Public Safety Officers' Benefits program currently covers deaths and permanent and total disabilities resulting from infectious disease sustained by public safety officers in carrying out their duties, the determination of claims involving personal injuries believed to have resulted from COVID–19 or its complications may be uniquely challenging or delayed given the lack of-
"(A) definitive testing and medical records at this time; and
"(B) a definitive uniform body of medical information about how the disease is spread or its effects.
"(b)
"SEC. 3. PUBLIC SAFETY OFFICER BENEFITS.
"(a)
"(1) the officer engaged in a line of duty action or activity between January 1, 2020, and December 31, 2021;
"(2) the officer was diagnosed with COVID–19 (or evidence indicates that the officer had COVID–19) during the 45-day period beginning on the last day of duty of the officer; and
"(3) evidence indicates that the officer had COVID–19 (or complications therefrom) at the time of the officer's death.
"(b)
"(1) the officer engaged in a line of duty action or activity between January 1, 2020, and December 31, 2021; and
"(2) the officer was diagnosed with COVID–19 (or evidence indicates that the officer had COVID–19) during the 45-day period beginning on the last day of duty of the officer."