The regulations provide that if a public safety officer dies as a result of a heart attack or stroke, the death may be presumed to have been the result of a personal injury sustained in the line of duty. The law requires that the heart attack or stroke occurred while the officer was on duty or within 24 hours of the end of the work shift, during which time he or she engaged in an emergency response activity or participated in a training exercise. Currently, the benefit under the PSOB is $275,658 and this new provision will only cover deaths occurring on or after Dec. 15, 2003.
Since the legislation was signed into law last year, 22 member of the International Association of Fire Fighters (IAFF) have died in the line of duty from either a heart attack or stroke. None of these families has received benefits due to the delay in issuing the regulations.
"We are pleased that these regulations are finally available for review, but it is deeply unfortunate that these families have been put on hold for almost 2 years," said IAFF General President Harold Schaitberger. "The IAFF will be reviewing these rules word by word to ensure they are consistent with the letter of the law we worked so hard to enact."
In addition to implementing the Hometown Heroes Act, the regulations also address beneficiary changes to the PSOB as required by the Mychal Judge Police and Fire Chaplains Safety Officers Benefit Act. The legislation, named after FDNY Chaplain Father Judge who was killed on Sept. 11, 2001, provides for coverage of fire chaplains and allows fire fighters who do not have immediate family to bequeath the benefit to a non-relative.
The proposed regulations also include certain technical and administration changes to the way the program is administered.
The regulations have a 60-day public comment period, which runs through September 26, 2005. Once the comment period closes, the Department of Justice will review the comments and make any changes it deems appropriate before issuing the final rule.
To view the proposed rules, click here.