42 U.S.C. § 3796 : US Code - Section 3796: Payment of death benefits

Search 42 U.S.C. § 3796 : US Code - Section 3796: 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) of this section, as follows:
(1) if there is no surviving child of such officer, to the
surviving spouse of such officer;
(2) if there is a surviving child or children and a surviving
spouse, one-half to the surviving child or children of such
officer in equal shares and one-half to the surviving spouse;
(3) if there is no surviving spouse, to the child or children
of such officer in equal shares;
(4) if there is no surviving spouse or surviving child -
(A) in the case of a claim made on or after the date that is
90 days after January 5, 2006, to the individual designated by
such officer as beneficiary under this section in such
officer's most recently executed designation of beneficiary on
file at the time of death with such officer's public safety
agency, organization, or unit, provided that such individual
survived such officer; or
(B) if there is no individual qualifying under subparagraph
(A), to the individual designated by such officer as
beneficiary under such officer's most recently executed life
insurance policy on file at the time of death with such
officer's public safety agency, organization, or unit, provided
that such individual survived such officer; or
(5) if none of the above, to the parent or parents of such
officer in equal shares.
(6) The public safety agency, organization, or unit responsible
for maintaining on file an executed designation of beneficiary or
recently executed life insurance policy pursuant to paragraph (4)
shall maintain the confidentiality of such designation or policy
in the same manner as it maintains personnel or other similar
records of the officer.
(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 result of a catastrophic injury sustained in the line
of duty, the Bureau shall pay, to the extent that appropriations
are provided, the same benefit in any year that is payable under
subsection (a) of this section in such year, adjusted in accordance
with subsection (h) of this section, to such officer: Provided,
That the total annual benefits paid under this subsection may not
exceed $5,000,000. 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 these
benefit payments are subject to the availability of appropriations
and that each beneficiary's payment shall be reduced by a
proportionate share to the extent that sufficient funds are not
appropriated.
(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) of this
section 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) of this section 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, as amended (D.C. Code, sec. 4-622); or
(2) benefits authorized by section 8191 of title 5. Such
beneficiaries shall only receive benefits under such section 8191
that are in excess of the benefits received under this
subchapter.
(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) of this
section, 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) of this section with
respect to the death of a public safety officer shall be the amount
payable under subsection (a) of this section 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 or stroke; presumption
For purposes of this section, if a public safety officer dies as
the direct and proximate result of a heart attack or stroke, that
officer shall be presumed to have died as the direct and proximate
result of a personal injury sustained in the line of duty, if -
(1) that officer, while on duty -
(A) engaged in a situation, and such engagement involved
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) participated in a training exercise, and such
participation involved nonroutine stressful or strenuous
physical activity;
(2) that officer died as a result of a heart attack or stroke
suffered -
(A) while engaging or participating as described under
paragraph (1);
(B) while still on that duty after so engaging or
participating; or
(C) not later than 24 hours after so engaging or
participating; and
(3) such presumption is not overcome by competent medical
evidence to the contrary.
(l) Definition
For purposes of subsection (k) of this section, "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) of this section,
where such collection would be impractical, or would cause undue
hardship to a debtor who acted in good faith.