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This book has been put together to help Ohio's police agencies deal with a line of duty death should it occur in their department. Our intent is to give you a resource that will guide you through the process, and give you resources to help your survivors if you are ever faced with this tragedy. The first part of the book is a comprehensive list of information gathered about the benefits available to survivors in the State of Ohio. This list is to be used as a guide, helping the department navigate through the paperwork involved in a line of duty death. Also in this section is a comprehensive list of information gathered dealing with survivor benefits on the national level. Again, this is to be used as a navigational tool helping you through the process. There is also information on different support agencies. The information in these sections was compiled by the National Concerns of Police Survivors, Inc. The second part of this book takes the most important pieces from the first part, and helps you to understand what needs to be done immediately upon learning of a line of duty death. It is a good starting point to getting things into motion after the death of your officer. Also in this section is useful information that needs to be passed on to your survivors to help make this most difficult time in their lives less burdensome. There is also a sample Line-Of-Duty Death Policy written by the Dublin PD. We would like to thank that department for letting us share it with all of you. It is wonderfully written and contains very crucial procedures in dealing with the families. We also borrowed their Confidentiality Form for you to consider. If you follow the procedures for that form, you will help to alleviate some of the nightmare stories shared by other survivors. There is also information about counseling services, educational benefits, and memorials. We at Ohio COPS hope this manual will become a resource in every department in the great state of Ohio. And please know that we are here to assist you and your survivors in any way we can. God bless and stay safe out there.
To obtain certified copies of registered personal documents, contact the Division of Vital Statistics, Room G-20, 65 South Front Street, Columbus, OH 43266-0333, telephone (614) 466-2531. STATE DEATH BENEFITS There is no one-time death payment. STATE PENSION BENEFITS In 1976, the 111th General Assembly of the State of Ohio established the Firemen and Policemen's Death Benefit Fund to provide special benefits to the eligible survivors of public safety officers who are killed in the line of duty or who die of injuries or diseases incurred in the performance of official duties. The Death Benefit Fund is funded by the state and administered by the Board of Trustees of the Police and Firemen's Disability and Pension Fund (PFDPF). Benefits are financed through biennial legislative appropriations and gifts. Survivors of public safety officers who had been employed in qualifying positions covered under the following Ohio Retirement Systems (ORS) may be eligible to receive these special monthly cash benefits: PFDPF Members - Virtually all full-time municipal police officers are members of the PFDPF. Survivors may be eligible for benefits if the public safety officer's death is attributable to any of the following:
If the public safety officer had retired from a covered position and had been receiving disability benefits from one of the previously named Ohio Retirement Systems, then the survivors might quality for benefits if the cause of death is the direct and proximate result of the duty-related disabling condition(s) for which the decedent had been placed on disability retirement. The following survivors of a covered public safety officer whose death is ruled to be duty-related are eligible for benefits:
If the deceased public safety officer had not qualified for age and service retirement under PFDPF, PERS, SHPRS, or CRS, the eligible survivors, as a group, receive the decedent's "base pay" salary authorized by ordinance, statute or contract for the position held by decedent minus an amount equal to the benefits payable by PFDPF, PERS, SHPRS, or CRS. Whenever there is an increase in the "base pay," the benefits payable to survivors are increased accordingly. Should the normal survivor benefits be increased, then the Death Fund benefits are reduced by the amounts the normal survivor benefits are increased. The law provides for the division of the decedent's monthly "base pay" among the eligible survivors according to the following rules:
The initial distribution of the benefit is based on the eligibility of survivors at the time of the public safety officer's death. ALL benefits payable under the Death Fund terminate on the date the decedent would have qualified for age and service retirement. If otherwise eligible, the survivors will continue to receive the benefits payable under the decedent's pension fund or retirement system. However, a converted benefit may be paid to either the surviving spouse or divided among qualifying survivors. Prior to the date the member would have been eligible to retire, any of the following occurrences results in termination of an individual's Death Fund Benefit:
If the surviving spouse has not remarried by the date the decedent would have qualified for age and service retirement, or if the decedent had been eligible for retirement on the date of death, the spouse qualified for a "converted" Death Fund benefit. The monthly benefit equals 50 percent of the monthly "base pay" for the decedent's position on either (1) the date the decedent would have been eligible to retire, or (2) the date of death, if the decedent had been eligible to retire on the date of death. The benefit is reduced only by the amount of any pre-retirement survivor annuity paid to a PFDPF spouse. This benefit terminates only upon the surviving spouse's death. If the decedent is not survived by a spouse, or if the surviving spouse had died prior to the decedent's retirement eligibility date, then a minor child or student might qualify for benefits if otherwise eligible. The monthly benefit to each child or student is an equal share of 50 percent of the monthly "base pay" for the decedent's position in effect on the date the decedent would have been eligible to retire, or on the day the decedent died if (s)he would have been eligible to retire, divided by the number of eligible children. An individual benefit could be reduced by the amount of any PFDPF pre-retirement survivor annuity. As each child or student loses his/her eligibility, that portion of the total benefit is redistributed among the remaining survivors. Eligible survivors, with few exceptions, will receive two checks monthly: one from the Death Fund, and one from the decedent's pension fund or retirement system. Benefits are paid at the first of each month for that month. Contact the Police and Firemen's Disability and Pension Fund of Ohio, 140 E. Town Street, Columbus, OH 43215, telephone (614) 228.2975 or (800) 860.9599. BUCKEYE STATE SHERIFFS' ASSOCIATION Buckeye State Sheriffs' Association (BSSA) benefits are payable to the beneficiaries of any employee who is a current year member of the Association.
Benefits are payable to current beneficiary of record. BSSA members should refer to their insurance policy for explanation of all benefits. Claim forms can be obtained from Buckeye State Sheriffs' Association, 6230 Busch Blvd., Suite 300, Columbus, OH 43229, telephone (800) 589.2772. EDUCATION BENEFITS Under the Ohio Revised Code 3333.26, children and the spouse of an officer who dies in the line of duty, and who is admitted to any State university or college as defined in Division (A) (1) of Ohio Revised Code 3345.12, community college, state community college, university branch or technical college, shall not be required to pay any tuition or any student fee for up to four years of education, which shall be at an undergraduate level. Benefits are available to those under age 26 or age 30 with military service who have been a resident of Ohio for at least one year. A former spouse who was divorced or legally separated from the deceased person is eligible if he or she is the court-ordered custodial parent of a minor child of the marriage. The local agency should contact their elected state official (State Senator or State Representative) for procedure in applying for this or contact the Ohio Student Aid Commission, State Grants and Scholarships Department, 309 S. 4th Street, P.O. Box 182452, Columbus, OH 43218-2452, telephone (614) 752.9535. The financial aid office at the institution should be aware of this Ohio Statute. Beginning March 2, 2001, the tuition and fee waiver applies to survivors of persons who held an equivalent law enforcement position in another state and were killed in the line of duty. The child or spouse must meet the existing program's requirements regarding age and residency in Ohio. POLICE CORPS SCHOLARSHIP FUNDS The Police Corps is administered by the Office of the Police Corps and Law Enforcement Education (OPCLEE), within the Office of Justice Programs, US Department of Justice, in partnership with participating States that have submitted an approved State Plan. Information can be found at www.ojp.usdoj.gov/opclee The Police Corps awards scholarships and reimburses educational expenses to students who agree to work in a State or local police force for at least four years. Students must pursue an undergraduate or graduate degree in a course of study which, in the judgment of the State or local police force to which the participant will be assigned, includes appropriate preparation for police service. Police Corps funds cover education expenses (including tuition, fees, books, supplies, transportation, room and board, and miscellaneous expenses) up to $7,500 per academic year, with a limit on total payments to any student of $30,000. Police Corps scholarship funds are also available to dependent children of law enforcement officers killed in the line of duty in the death occurred within the state after that stte was approved to participate in the Police Corps program. In Ohio, the death must have occurred since April 1997. These scholarships may be applied to any course of study, without any service or repayment obligation. Police Corps participants are selected on a competitive basis by each State under regulations prescribed by OPCLEE. For more information, contact: University of Toledo, Mr. Richard Groskin, telephone (419) 321.5120, fax (419) 321.5111. HEALTH BENEFITS Health plans vary. Check with your local department to determine benefit packages available. Surviving spouses and dependent children are eligible to receive health care benefits from PFDPF (address and phone above). WORKERS' COMPENSATION Workers' Compensation coverage is compulsory for employers in Ohio; however, waivers are allowed. Workers' Compensation benefits are payable to beneficiaries of ALL agency personnel providing the following criteria, as outlined in "A," are met.
To receive workers' compensation benefits, the surviving spouse must take the initiative and file a workers' compensation claim through a workers' compensation attorney to receive any compensation. The determination as to whether the claim will be paid will be determined by the Workers' Compensation Appeals Board. Claim forms can be obtained from the Bureau of Worker's Compensation, Claims Section, 30 West Spring Street, Columbus, Ohio, 43266-0581, telephone (800) 644.6292 or 125 East Court Street, Cincinnati, Ohio, telephone (513) 852.3341. PERSONAL LIFE POLICIES All property of an intestate, both real and personal, or if there is surviving spouse, excess, if any, over share of such spouse (as to which see infra), descends and is distributed as follows, each class of which member is living taking to exclusion of subsequent classes: (1) child or children and/or lineal descendants of diceased child or children; (2) parents equally or all to surviving parent; (3) brothers and sisters of whole or half blood and/or lineal descendants of deceased brothers and sisters; (4) one-half to maternal grandparents or survivor of them, and one-half to paternal grandparents or survivor of them; (5) if both maternal or both paternal grandparents are deceased, their one-half goes to their lineal descendants, or if there be no such descendants,to surviving grandparent or grandparents or their lineal descendants; (6) next of kin of equal degree, no representation among next of kin more remote than stepchildren or their lineal descendants, escheat to state. Next of kin are determined according to civil law rules. (2105.03). When all who inherit are of equal degree of consanguinity to intestate, they take per capita; when of unequal degree, they take per stirpes. Surviving spouse takes share of estate as follows: If one child or his lineal descendants surviving, then first $60,000 if spouse is natural or adoptive parent of child, or first $20,000 if not, plus one-half of balance of estate; if more than one child or their lineal descendants surviving, then first $60,000 if spouse is natural or adoptive parent their lineal descendants, then whole estate. Surviving spouse is entitled to receive one automobile from estate if not otherwise disposed of by will. Automobile is not considered estate asset and is not included in estate inventory. PEER SUPPORT ORGANIZATION Established in 1984, Concerns of Police Survivors, Inc. (COPS) is a national, non-profit organization that works with law enforcement agencies, police organizations, mental health professionals, and local peer-support organizations to provide assistance to surviving families of law enforcement officers killed in the line of duty. COPS has become a "lifeline" to police survivors nationwide. Contact: Mrs. Linda Pope, Ohio COPS, 7691 Brooks Road, Harrison, Ohio 45030, telephone: (513) 367.2130, email: linda@ohiocops.com ADDITIONAL BENEFITS Ohio Victims of Crime Compensation Program offers compensation to victims of criminally injurious conduct and their dependents for a wide variety of out-of-pocket expenses. Ohio's Program is fair, enabling all victims to have the opportunity to be represented by the attorney of their choice with attorney fees paid from the reparations fund. Ohio's Program does not cost the taxpayers one dollar. All awards, attorney fees and administrative costs are funded from court costs assessed against all persons convicted of or pleading guilty to misdemeanors and felonies. Law enforcement survivors have been denied compensation from this fund. OHIO COPS is working to get this changed. For more information or to find out available compensation, contact Ohio Victims of Crime Compensation Program, 65 East State Street, Suite 1100, Columbus, Ohio 43215, telephone 1.800.824.8263. Fraternal Order of Police: The FOP State Lodge provides a $1,000 death benefit in addition to what your local lodge may provide. Contact the Ohio State Fraternal Order of Police, 222 E. Town Street, Columbus, OH 43215, telephone (800) 367.6524. The Ohio State Police Memorial is located in Columbus, Ohio at the OSP Academy.
A memorial plaque honoring fallen officers from 1976 forward is located at the Ohio Peace Officers Training Academy in London, Ohio. A memorial service is held every year during National Police Week to honor fallen officers who died in 1976 or later.
Line-of-duty death is a possibility that police families must prepare for. The ability of survivors to cope with line-of-duty death is directly affected by the department's reaction to the tragedy and the knowledge the family has concerning their rights and benefits. The purpose of this booklet is to provide police families and agencies with general information about benefits to families in the event of a line-of-duty death. This booklet is not a legal document nor is it intended to serve as a legal interpretation of existing statues. In fact, information on the death benefits listed may have been changed through legislation or contract negotiations without our knowledge. This document is for information only. Concerns of Police Survivors, Inc., does not warrant that all or any benefits will be awarded to survivors who apply. Survivors may use the information contained herein to verify with local agencies and offices that they are receiving all benefits to which they are entitled or may investigate whether they are entitled to benefits listed in this reference booklet. The compilation of benefits information for the 50 states, the District of Columbia, and Puerto Rico occurred over a five-year period, utilizing hundreds of reference sources. Concerns of Police Survivors, Inc. would sincerely appreciate knowing of any errors or updates in this document. Send documentation of corrected or most current information to Concerns of Police Survivors, P.O. Box 3199, Camdenton, MO 65020. This project was supported by Grant Number 94-PS-DX-0001 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. An acknowledgment of appreciation to members of the COPS staff who took part in this tedious compilation process, with special thanks to COPS Staffer Terrie Soper Merritt, and a special thank-you to Mr. Fred Tredy, Los Angeles Police Protective League, for getting this project off on the right foot. LINE OF DUTY DEATH BENEFITS This book is the compilation of information about death benefits available to surviving families of law enforcement officers who were killed in the line of duty. Information within deals with the major death benefits available from the federal and state government levels. Therefore, you are advised to check with your local government (city and county) agencies, retirement programs, unions and private organizations and associations (both local and state) for benefits that may be available to surviving spouses and dependents of law enforcement officers. General information on benefits is reported in this booklet; some legislation is too detailed to print. Therefore, there may be exceptions or restrictions on payment of these benefits that are not included in the printout. We may also be unaware of recent changes in state statutes. So we strongly suggest you check with appropriate state agencies for exceptions or changes to the state benefits listed. Handling your legal and financial affairs is a personal matter. We might, however, suggest the following:
You may also want to:
We cannot "over-stress" the importance of having a current will. Our experience in working with surviving families has shown the difficulties encountered when one dies without a will. Further, we encourage you to review the named beneficiary in your life, health, and accident insurance policies on a regular basis. Keep your insurance papers, your will and other important papers in a secure place, such as a safety deposit box. Concerns of Police Survivors, Inc. would like to express our sincere thanks to everyone who forwarded the necessary information from their state to help make this booklet possible. A special thanks to Fred Tredy of the Los Angeles Protective League for his expert advice. We have attempted to put this information together in a readable format.
Information on state laws on wills is reproduced with permission from the MARTINDALE HUBBELL LEGAL DIRECTORY, 1993 Reed Elsevier, Inc.
PUBLIC SAFETY OFFICERS' BENEFITS ACT (P.S.O.B.) The PSOB Act provides a benefit to the eligible survivors of a public safety officer whose death is the direct and proximate result of a traumatic injury sustained in the line of duty. The Act also provides the same benefit to a public safety officer who has been permanently and totally disabled as the direct result of a catastrophic personal injury sustained in the line of duty. The injury must permanently prevent the officer from performing any gainful work. (Benefit has been approved for quadriplegics and people existing in a comatose state). The benefit is adjusted at the beginning of each fiscal year. As of October 1, 2002, the benefit is $262,100. EFFECTIVE DATES Death Benefits: State and local law enforcement officers and fire fighters are covered for injuries sustained on or after September 29, 1976. Federal law enforcement officers and fire fighters are covered for injuries sustained on or after October 12, 1984. Members of public, federal, state and local rescue squads and ambulance crews are covered for injuries sustained on or after October 15, 1986. Chaplains are covered effective September 11, 2001. Disability Benefits: Federal, state and local law enforcement officers, fire fighters and members of public rescue squads and ambulance crews are covered for injuries on or after November 29, 1990. [
return to Federal Benefits main page ] ELIGIBLE PUBLIC SAFETY OFFICERS A public safety officer is a person serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, fire fighter or member of a public rescue squad or ambulance crew. Law enforcement officers include but are not limited to police, corrections, probation, parole, chaplains, and judicial officers. Volunteer fire fighters and members of volunteer rescue squads and ambulance crews are covered if they are officially recognized or designated members of legally organized volunteer fire, rescue or ambulance departments. A public safety officer's death or total and permanent disability must result from injuries sustained in the line of duty. "Line of duty" means any action that the public safety officer is authorized or obligated to perform by law, rule, regulation or condition of employment or service. If law enforcement, fire suppression, rescue or ambulance service is not a person's primary function, then, to be covered by the Act, that person must be engaged in his or her authorized law enforcement, fire suppression, rescue or ambulance duties when the fatal or disabling injury is sustained. [
return to Federal Benefits main page ] "Public agency" means the United States, any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States, or any unit of local government, combination of such states or units, or any departments, agency, or instrumentality of any of the foregoing. [
return to Federal Benefits main page ] Once the U.S. Department of Justice approves a claim for death benefits, the benefit will be paid in a lump sum as follows:
** Beneficiaries to receive the Public Safety Officers' Benefits death payment for line-of-duty death were changed by the "Mychal Judge Police and Fire Chaplains Public Safety Officer's Benefit Act of 2002," enacted as Public Law No. 107-196 on June 24, 2002. Live-in situations and/or same sex partners will be eligible for the PSOB benefit if the most-recent life insurance policy lists them as beneficiary. Live-ins and same sex partners who are listed as beneficiary on the most-recent life insurance policy will receive the benefit before surviving parents of the officer. If the officer is divorced, has not remarried and has no eligible children, the former spouse could receive the benefit if she is still listed as a beneficiary on paperwork the officer failed to revise. If the officer is divorced, has not remarried but has had a live-in partner for 7 years, the former spouse could receive the benefit if she is still listed as a beneficiary on the most-recent life insurance policy. IT CANNOT BE STRESSED ENOUGH HOW IMPORTANT IT IS TO KEEP YOUR LIFE INSURANCE BENEFICIARY INFORMATION UP-TO-DATE. Public safety officers cannot name their own beneficiaries under the Act. Under the Act, "child" means any natural, illegitimate, adopted, or posthumous child or stepchild of a deceased public safety officer who is:
[
return to Federal Benefits main page ] No benefit can be paid:
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return to Federal Benefits main page ] State and local benefits should not be reduced by benefits received under PSOB statute. The PSOB benefit is not reduced by any benefit that may be received at the state or local level (Rose vs. Arkansas). The benefit is reduced by certain payments made under the District of Columbia Code and may reduce benefits under Section 8191 of the Federal Employees' Compensation Act. [
return to Federal Benefits main page ] When the U.S. Department of Justice determines upon showing of need and prior to taking final action that a death benefit will probably be paid, an interim benefit payment not exceeding $3,000 may be made to the eligible survivor(s). [
return to Federal Benefits main page ] The act ensures that the benefit will not be subject to execution or attachment by creditors. The Internal Revenue Service has ruled that the benefit is not subject to federal income tax (Revenue Ruling No. 77-235, IRB 1977-28) or to federal estate tax (Revenue Ruling No. 79397). [
return to Federal Benefits main page ] The Public Safety Officer's Benefit Act of 1976, Public Law 94430 (PSOB), authorizes the Department of Justice (DOJ) to prescribe the maximum fee that a representative may charge a claimant for services rendered in connection with any claim before the Bureau. Contracts for a stipulated fee and contingent fee arrangements are especially prohibited by the PSOB regulations, 28 C.F.R. 32.22 (b). DOJ assumes no responsibility for payment. [
return to Federal Benefits main page ] Eligible survivors or disability claimants may file claims directly with the U.S. Department of Justice, or may instead file through the public safety agency served. Normally, the public safety agency provides the information that enables the U.S. Department of Justice to determine whether the circumstances of the death or permanent and total disability entitle a claimant to a benefit payment. The public safety agency prepares a Report of Public Officer's Death or Permanent and Total Disability to accompany the survivors' or disabled public officer's claims. The U.S. Department of Justice will make the final determination on whether and to whom a benefit should be paid. To expedite initiation and payment of a claim, telephone the PSOB staff at 888.744.6513 or write to: Public Safety Officers' Benefits Program, Bureau of Justice Assistance, 810 7th Street NW, Washington, DC 20531, fax: 202.307.3373. [
return to Federal Benefits main page ] PUBLIC SAFETY OFFICERS' EDUCATIONAL ASSISTANCE PROGRAM The 104th Congress of the United States enacted the Federal Law Enforcement Dependents Assistance (FLEDA) Act in 1996, which sets forth the guidelines for educational assistance to the dependents of Federal law enforcement officials who are killed or disabled in the performance of their duties. Congress and the President amended the Act in 1998 to provide educational assistance to spouses and children of police, fire, and emergency public safety officers killed in the line of duty, thus creating the Public Safety Officers' Educational Assistance (PSOEA) Program. The PSOEA PRogram also makes assistance available to spouses and children of public safety officers permanently and totally disabled by catastrophic injuries sustained in the line of duty. This program is administered by the Public Safety Officers' Benefits Program, Bureau of Justice Assistance, 810 7th Street NW, Washington, DC 20531, telephone 888.744.6513, fax 202.616.0314, website www.ojp.usdoj.gov/BJA. Program Benefits The PSOEA Program provides an educational assistance allowance to eligible survivors of public safety officers whose deaths or permanent and total disabilities are the direct and proximate result of a traumatic injury sustained in the line of duty. PSOEA benefits may be used solely to defray educational expenses, including tuition, room and board, books, supplies, and education-related fees. The allowance is $485 per month for full-time students, $365 for three-quarter-time students, $242 for half-time students, and $121 for less-than-half-time. The amount of assistance is subject to change consistent with the current computation of educational assistance allowance set forth in the Title IV of the Higher Education Act, Section 3532 of Title 38, United States Code. Program Effective Dates Effective dates were amended in 2000. Under the PSOEA Program, police, fire, and emergency public safety officers are covered for line-of-duty deaths or permanent and totally disabling injuries that occurred on or after January, 1978. The FLEDA Act makes program benefits available retroactively to families of federal law enforcement officers killed in the line of duty on or after January 1978. Eligibility for Benefits The PSOEA Program stipulates that PSOEA benefits are to be provided directly to dependents who attend a program of education at an eligible educational institution and are the spouses of children of federal, police, fire, and emergency public safety officers whose deaths or permanent and total disabilities are covered by the Public Safety Officers' Benefits (PSOB) Program. Public safety officers' children are no longer eligible for assistance, however, after their 27th birthday, absent a finding by the Attorney General of extraordinary circumstances. Assistance under the PSOEA Program is available for 45 months of full-time education or training or for a proportional period of time for a part-time program. [
return to Federal Benefits main page ] FEDERAL WORKERS' COMPENSATION BENEFITS FOR NON-FEDERAL LAW ENFORCEMENT OFFICERS Under certain conditions, benefits may be provided to a non-Federal law enforcement officer killed in the line of duty as determined by the U.S. Department of Labor. Essentially, these benefits are provided if a state or local law enforcement officer is killed while engaged in the apprehension or attempted apprehension of a person who has committed a crime against the United States or who is being sought by a law enforcement authority of the United States. The benefit also is extended to those killed while engaged in the lawful prevention or lawful attempt to prevent the commission of a crime against the United States. Further, the program encompasses those engaged in protecting or guarding a person held for the commission of a crime against the United States or as a material witness. The law enforcement agency MUST initiate the claim. Contact (toll free) 866.999.3322 for the district office responsible for your state, or visit www.dol.gov/esa/contacts/owcp/fecacont.htm [
return to Federal Benefits main page ] To locate your nearest Social Security office, look for the address and telephone number in the telephone directory under "Social Security Administration" or "U.S. Government". Applying for Benefits Before you can receive benefits, a claim must be filed with a Social Security office. Generally, application can be made by telephone, mail, or in person. The people at Social Security will tell you what documents you will need to provide for the type of benefit you are claiming. A portion of your Social Security benefits will be subject to income tax if (1) your adjusted gross income plus (2) tax-exempt interest plus (3) one-half of your Social Security benefits exceeds $25,000*. The portion of your benefits that is taxable will depend on whether your income exceeds $34,000*.
* These were the figures used in calculating taxable income in the tax year ended 12/31/95 and are subject to change each year. Refer to the current-year tax laws. Survivor Benefits Monthly survivor benefits are available to the following beneficiaries if you are insured by Social Security when you die (regardless of your age):
Each surviving dependent is entitled to a percentage of your PIA (Primary Insurance Allowance), subject to the Family Maximum Benefit. (Your PIA is the amount you would have received if you had lived to retire at full retirement age, or if you had already retired at that age, the amount you were receiving). Note that benefits of surviving spouses (including those that are disabled or divorced) are reduced if begun before full retirement age. Eligibility for a government pension may also affect their benefits. If your surviving spouse remarries before reaching age 60 (or 50, if disabled), (s)he will not be eligible for benefits on your record unless the subsequent marriage ends. After reaching age 60 (or age 50, if disabled), a surviving spouse or a surviving divorced spouse married to an insured worker for 10 years may remarry without losing entitlement to benefits. Children's benefits are not affected by the remarriage of their mother or father, even though their stepparent adopts them and contributes to their support. Nor will adoption of a surviving child by any other person cause the child's benefits to stop. Children's benefits stop when they marry or reach age 18, or 19 if still in high school. When the last surviving child marries or reaches the age of 16, the mother's or father's benefits also stop, but a surviving spouse or an eligible divorced spouse of a fully insured person can pick up again with a surviving spouse's benefits upon reaching age 60 (50 if disabled). As with retired workers, Social Security payments to a surviving dependent are reduced if the dependent works and earns more than the earnings limit for the year. However, work by a parent does not affect the benefits of surviving children under that parent's care. One-Time Death Benefit In addition to the monthly benefits survivors receive, the deceased worker's eligible spouse is entitled to a one-time death payment of $255. If there is no such spouse, this payment can be made only to a child entitled to survivors' benefits. Social Security benefits are based on earned credits you or your spouse received while employed. The number of credits you will need will vary with the type of benefit. For more information or to apply for benefits, call or visit Social Security. It's easiest to call Social Security's toll-free telephone number. The number is 1.800.772.1213. You can speak to a representative 7 a.m. to 7 p.m. each business day. The Social Security Administration treats all calls confidentially - whether they're made to the toll free number or to one of the local offices. [
return to Federal Benefits main page ] Many law enforcement officers are veterans of the U.S. Armed Forces and a number of survivor's benefits are available to the spouse and children of a deceased veteran. Included in these benefits are: Death Pension Payable to low-income widows and children of wartime veterans who have died of causes not related to their military service. Funeral Expenses The VA will pay up to $300 towards many veterans' funeral expenses, plus $150 for interment or burial plot. (Additional information on this $150 benefit is listed below). Most funeral directors will assist in filing with the VA for reimbursement of funeral expenses. File VA Form 21-530. National Service Life Insurance If covered under this program, you will need the following papers to file a claim:
SGLI (Servicemen's Group Life Insurance SGLI was established in September 1965 to provide group insurance coverage for members on active duty in the uniformed services. Coverage has been extended to Ready Reservists, Retired Reservists, members of the National Guard, ROTC members while engaged in authorized training and service academy personnel. Initially maximum coverage was for $10,000. Subsequent legislation increased maximum insurance coverage to $200,000, if the maximum coverage was opted for. VGLI was established in August 1974 to provide for the conversion of SGLI to 5-year non-renewable term insurance. The program provides for the replacement SGLI with VGLI in an amount equal to or less than the amount of SGLI the member had in force at separation from service. Application and payment for VGLI must be made to the OSGLI (Office of Servicemen's Group Life Insurance) within 120 days following separation. If application is not made within 120 days, you can submit it within 1 year from the date SGLI coverage terminated but you must be in acceptable health. The SGLI-VGLI program is supervised by VA and administered by OSGLI. For more information, contact any VA office or OSGLI at 213 Washington Street, Newark, New Jersey 07102. Interment or Burial Plot Allowance The VA will pay a $150 plot or interment allowance if the requirements for the basic allowance are met or the veteran was discharged from active duty because of disability incurred or aggravated in line of duty and is not buried in a cemetery that is under U.S. jurisdiction. The plot allowance is NOT payable if the veteran is buried in a national cemetery. An American Flag is available to drape the casket of a veteran who was discharged under conditions other than dishonorable. After the funeral service, the flag may be given to the next of kin or a close associate of the deceased. Flags are issued at any VA regional office, VA national cemetery and most local post offices. Headstones and Markers - The VA provides headstones and markers for unmarked graves of veterans and eligible dependents anywhere in the world. Flat bronze, flat granite and upright marble types are available to mark the grave of a veteran or dependent in the style consistent with existing monuments at the place of burial. Survivor's benefits are not paid automatically and claims must normally be filed with the VA within two years of the veteran's death. Members of Veterans of Foreign Wars (V.F.W.) are provided with a $2,500 accidental policy. Take a copy of the death certificate to the office at the local VFW and they will assist in filling out the paperwork for payment. Families in the eastern half of the United States should send their insurance claim to the VA Center, 5000 Wissahickon Avenue, Philadelphia, PA, 19101. Families in the western half of the nation should send their insurance claim to the VA Center, Fort Snelling, St. Paul, MN 55111. For information or help in applying for veteran's benefits, write, call, or visit a veteran's benefit counselor at the nearest VA regional office or VA Hospital listed in the telephone directory under U.S. Government. If there is no listing in your local area, call the VA nationwide toll-free number at 800.827.1000. The hearing impaired can call 800.829.4833. [
return to Federal Benefits main page ] Normally life insurance companies require only two forms to establish proof of a claim:
The claimant's certificate must be completed by the person legally entitled to receive the proceeds who must state in what capacity he or she makes the claim - named beneficiary, assignee, executor, administrator, guardian, or trustee. Claimant will have to supply the company with the following:
To expedite handling of insurance claims, contact should be made with your local insurance agent or home office. If the decedent was a participant in the former FBI Agents Social Security insurance program, contact should be made with the office of that Social Security in New York to obtain benefits due under the program. If the deceased was a member of any union, service organization, business association, fraternal organization, automobile club, etc., the group should be contacted for information regarding insurance or other benefits available to survivors. Contact the deceased's place of employment regarding group life insurance coverage, pension fund contributions, credit union insurance and other benefits. Check particularly the deceased's hospital and surgical coverage to determine if widow and the dependents are still eligible for benefits. It is noted that a beneficiary of an insurance policy has several options for receiving the payment: lump sum, life annuity or periodic payments. Insurance proceeds are not generally taxable nor are they considered income to the beneficiary. [
return to Federal Benefits main page ] Taxes Providing specific and acceptable service in this area is difficult at best. Assistance can be provided by competent tax attorneys or accountants. The Taxpayer Relief Act of 1997 and as amended in 2001 by Public Law 107-15 allows that survivor benefits paid after December 31, 2001, regardless of when the officer was killed, can be excluded from gross income when calculating Federal income taxes. Again, seek advice from a competent tax attorney or accountant. Wills and Estates Perhaps it is important to describe several of the provisions that are applicable to Wills and Estates. (1) Community Property Laws - are State laws that provide for the joint ownership of property when acquired during the marriage. It does not matter whether the property was acquired by both parties together or one party singularly, it is still Community Property, unless, of course, one spouse disclaimed an interest in the property by a proper deed. The effect of this law makes it impossible for one spouse to will away the other spouses's interest in any property. The states having Community Property Laws are as follows: Arizona, Nevada, California, New Mexico, Idaho, Texas, Louisiana, and Washington (state). (2) Curtesy Laws - Curtesy Laws were adopted by certain states to provide the husband with the legal right to use one-third or more of the deceased wife's real property for as long as he lives, even if the property was sold to a third party, provided of course that the husband did not sign the deed to the property when it was sold. Not all states have Curtesy Laws, but those that do are listed as follows: Delaware, District of Columbia, Hawaii, Kentucky, Massachusetts, Ohio, Rhode Island, Tennessee, Vermont, Virginia, West Virginia and Wisconsin. (3) Downer Laws - Downer Laws are adopted by certain states to provide the wife with the legal right to use one-third or more of the deceased husband's real property for as long as she lives. And as held under Curtesy Laws, this right applies even though the property was sold to a third party. This is provided that the wife did not sign the deed when it was sold. Those states having Downer Laws are as follows: Alabama, Delaware, Florida, Hawaii, Wisconsin, Kentucky, Massachusetts, Michigan, Montana, New Jersey, Ohio, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia. (4) Estate Taxes - An Estate is subject to two (2) kinds of taxes, Federal Estate Taxes and State Inheritance Taxes. Generally, State Inheritance Taxes are based upon a fixed percentage of the value of the gross estate after all applicable deductions are made. This percentage of course varies from state to state, but the average is around six percent (6%). The Federal Estate Taxes are based upon a graduated scale that was revised in 1981 under what is called the "1981 Economic Recovery Tax Act." The Act revised the maximum Estate Tax Rate effective in each of the years that followed its enactment. [
return to Federal Benefits main page ] Concerns of Police Survivors, Inc. Concerns of Police Survivors, Inc. (COPS) was organized in 1984 as a national networking organization to support law enforcement survivors emotionally, financially and legally; assist law enforcement agencies to prepare for the trauma affiliated with sudden loss of a law enforcement officer in the line of duty; and to make the nation aware of the yearly loss of life by the law enforcement profession and the trauma that loss inflicts on the family, the agency, and the nation. The COPS membership is comprised of spouses, parents, children, siblings, significant others, and co-workers who are affected by line-of-duty deaths. The COPS organization has programs that assist surviving families financially. Those programs are: "C.O.P.S. Kids" On May 14, 1990, Ronald McDonald Children's Charities (RMCC) opened the door for a new program to be developed by Concerns of Police Survivors, Inc. (COPS). With that one-time generous financial assistance from RMCC, and yearly support from the Southeast Police Motorcycle Rodeo Committee, the Mid-Atlantic Police Motorcycle Rodeo Committee, and many other wonderful sponsors, COPS is able to financially assist dependent-aged children who seek psychological counseling to help them cope with the trauma inflicted on them through the sudden, often violent, loss of their parent to the law enforcement profession. This program provides services to children whose parent was killed in the line of duty since 1984. Eligibility:
Prior to Filing a Claim:
Reimbursement Limitations: "C.O.P.S. Kids" will reimburse up to $6,000 per eligible child for out-of-pocket counseling expense. Checks will be drawn as expenses are submitted to the COPS National Office. Any and all information submitted to Concerns of Police survivors in conjunction with the "C.O.P.S. Kids" Program will be treated as confidential, privileged information. Family surnames and names of children will never be included in any printed report that leaves the COPS National Office. For additional information on "C.O.P.S. Kids," contact: Concerns of Police Survivors, Inc., P.O. Box 3199, Camdenton, MO 65020, telephone 573.346.4911. COPS Scholarships Concerns of Police Survivors, Inc. has authorized granting scholarships to surviving children and surviving spouses of law enforcement officers whose deaths have been determined by government agencies to be "in the line of duty." COPS scholarships assist survivors in states and areas where educational benefits are not part of the state line-of-duty death benefits package. Recipients are limited to $12,000 lifetime benefits. The amount of each award will be determined by available funding. Based on Scholastic achievement and lack of state-funded educational benefits, the COPS Scholarship Committee will determine the recipients of the scholarships. Application forms can be secured by calling COPS at 573.346.4911. These grants will be made payable to the institution of higher learning. The grant can be used for tuition, registration fees, and/or books. Any unused portions of the grant will be returned to Concerns of Police Survivors, Inc., at the end of the school term. National Police Survivors' Conference COPS works closely with other police organizations to organize the annual National Police Week activities planned in Washington, DC, around May 15th, National Peace Officers' Memorial Day. COPS sponsors two days of grief seminars for family survivors and co-workers. There is a separate program for surviving children aged 5-18. Contact: Concerns of Police Survivors, Inc., P.O. Box 3199, Camdenton, MO 65020, telephone: 573.346.4911, fax: 573.346-1414. Other programs offered to survivors by COPS include: "C.O.P.S. Kids" Annual Summer Camp for surviving children age 6-14 and their surviving parent/guardian; annual Outward Bound® Experience for surviving children age 15-21; annual Parents' Retreat for surviving parents; annual Spouses Getaway Weekend for surviving spouses; an annual Siblings Retreat, and an Adult Children Retreat. Contact the COPS office at the number listed above for more information, or visit www.nationalcops.org. [
return to Federal Benefits main page ] Parents Of Murdered Children (POMC) Parents Of Murdered Children, Inc. (POMC), headquartered in Cincinnati, Ohio, has over 100 Chapters and 200 Contact Persons across the United States. POMC is the only national self-help organization designed solely to offer emotional support and information about surviving the loss of a loved one to murder. Contact: Parents Of Murdered Children, 100 E. 8th Street, Suite B41, Cincinnati, OH 45202, telephone: 513.721.5683. The Compassionate Friends, Inc. A nationwide support group for bereaved parents and siblings. National Office: P.O. Box 3696, Oak Brook, IL 60522-3696, telephone: 312.990.0010. Mothers Against Drunk Driving (MADD) A nationwide support and advocacy group for victims of drunk drivers. National Office: P.O. Box 54168, Dallas, TX 75354-1688, telephone: 214.744.6233. National Organization for Victim Assistance A nationwide clearinghouse for all victimization issues. National Office: 1757 Park Road NW, Washington, DC 20010, telephone: 202.232.6682. National Victim Center A resource center for all victimization issues. National Office: 2111 Wilson Boulevard, Suite 300, Arlington, VA 22201, telephone: 703.276.2880. Association of Death Education and Counseling Counseling referrals. National Office: 638 Prospect Avenue, Hartford, CT 06105-4298, telephone: 203.232.4825. The International Critical Incident Stress Foundation Public safety officers' de-briefings. Contact: Dr. Jeffrey Mitchell, 5018 Dorsey Hall Drive, Suite 104, Ellicott City, MD 21042, telephone: 410.730.4311. Federal Bureau of Investigation Law enforcement officer de-briefings. Contact: Behavioral Sciences Unit, FBI Academy, Quantico, VA 22135, telephone: 703.640.1628. American Association of Retired Persons Organized widowed persons' support groups. National Office: 601 E. Street NW, Washington DC 20049, telephone: 202.434.2277. The On-Site Academy Counseling and peer support training. Contact: Dan Livingston, 216 Mill Street, P.O. Box 1031, Gardner, MA 01440, telephone: 800.238.3518. Other Organizations There are several not-for-profit agencies that have formed for the specific purpose of aiding the families of public safety officers killed in the line of duty. These organizations go by such names as Hundred Clubs; Heroes, Inc.; Bluecoats; Backstoppers. Unfortunately, their assistance is restricted to specific geographical locations. Contact the Benefits Assistance Officer in your department to see if such an organization is functioning in your area. Social and Fraternal Organizations If your spouse was a member of a social, fraternal, or veterans organization, you may be entitled to burial, death, spousal financial assistance, or dependent education assistance such as the following: The Military Order of the Purple Heart - Membership restricted to "Purple Heart" recipients. Educational benefits for surviving children available. 2.5 GPA required. National Headquarters: 5413-B Blacklick, Springfield, VA 22151, telephone: 703.642.5360. The Knights of Columbus - Catholic organization. Scholarships to children of members of the Order, who, as a result of criminal violence, lost their lives or became totally and permanently disabled while in the lawful performance of their duties as full-time law enforcement officers. Contact: Director of Scholarship Aid, Knights of Columbus, P.O. Drawer 1670, New Haven, CT 06507, telephone: 203.772.2130. Also sponsors a Student Loan Program. Fraternal Order of Eagles - Through their Memorial Foundation, the Eagles provide financial assistance for surviving children of full-time law enforcement officers killed in the line of duty who were also active members of the Fraternal Order of Eagles at the time of their death. Contact: Eagles Memorial Foundation, 4710 14th Street West, Bradenton, FL 34207. National Guard - Members of the National Guard are provided with $50,000 life insurance policy that covers them on and off military duty. Contact the member's military unit and they will assist in filing the paperwork. The United States Army Reserve may be of help if the deceased was a Reservist. National Sheriffs Association - The National Sheriffs Association provides $3,000 accidental death or dismemberment for its members. Member need not be on duty at the time of occurrence. Officer may have joined individually or as a covered member of the employing agency. To check membership or being claim you may call 1.800.424.7827 or write to: National Sheriffs Association, 1450 Duke Street, Alexandria, Virginia 22314. You will need a copy of the death certificate and an incident report from the investigating agency. Check with your member organizations for available benefits. [
return to Federal Benefits main page ] If a police officer, with or without compensation, is feloniously killed in the line of duty (line of duty according to government guidelines) and is a current member of the National Rifle Association, the surviving spouse/family is entitled to a $25,000 death benefit. Contact NRA Insurance Administration and Claims at 877.672.3006 with the name of the NRA member and the membership number. The surviving spouse/family must contact the NRA insurance carrier within 90 DAYS of the officer's death. [
return to Federal Benefits main page ] CREDIT CARD TRAVELERS INSURANCE If your spouse happened to be traveling at the time he/she died, various credit card companies provide traveler's insurance if the trip was financed through that credit card company and you opted to travel on a major mass transportation carrier such as airlines, buses, ships, or rental cars. You should check with your credit card companies to ascertain the amounts of coverage and the limits of the policies. Coverage ranges from $50,000 to $500,000 depending on the card company. Here are a few referral numbers:
American Express: 800.528.2122
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return to Federal Benefits main page ] FEDERAL VICTIM/WITNESS NOTIFICATION PROGRAM For offenders in Federal custody, the Bureau of Prisons established procedures to be followed in responding to a request from a victim or witness who wishes to be notified regarding a specific inmate's release or release-related activities. The Bureau manages the Victim and Witness Notification Program to meet the needs of qualifying individuals who request information from the US Attorney in the district in which the prosecution occurred. The US Attorney forwards the request to the Warden of the institution where the inmate is confined and will then notify the victim or witness in writing of the inmate's location and of all significant release-related activities. These include release, escape, furlough, transfer to a community corrections center, parole hearings, and death. To obtain information about an offender's status, call 1.800.359.3267.
Occasionally, inmates are transferred between Bureau of Prisons Institutions for adjustment purposes, population balance, or other sound correctional reasons. Victims and witnesses are not routinely notified of these internal system transfers. Any victim/witness may learn the location of any confined inmate by calling or writing the Bureau of Prisons Inmate Locator System, c/o US Department of Justice, Federal Bureau of Prisons, 320 1st Street NW, Room 536, Washington DC 20534, telephone: 202.307.3126.
The following two sample applications are for state and federal benefits. Once an officer has died while on duty, the agency needs to contact the retirement system in which the officer was a member of to start the benefit process. If an actual line of duty death occurred, the "Ohio Public Safety Officers Death Benefit Fund" application will be filled out. The Ohio Death Benefit Fund is managed by the Ohio Police and Fire Pension Fund located in Columbus. This application can be acquired by calling them at 1.800.860.9599. The second application is for the federal benefit "Public Safety Officers Benefit." There are two parts to this application (Claim for Death benefits and Report of Public Safety Officer's Death), and both must be filled out completely with all of the information required. You can contact the PSOB at 1.888.744.6513 to request these forms for your fallen officer. A LODD is also a workers compensation benefit. Upon the death of an officer, contact the Worker's Compensation Bureau, Claims Section, 30 West Spring St., Columbus, OH 43266-0581, telephone: 800.644.6292. These state and federal applications are crucial and need to be filled out as soon as possible after an officer's death. It is the department's responsibility to make sure these are completed in a timely fashion. NOTE OF IMPORTANCE: Upon the death of an officer, we suggest the use of the Critical Incident Response Service. Their phone number is 1.800.367.6524. By calling this number, you can activate a team to assist in your incident. Critical Incident Stress Management is quickly becoming a standard of care in the emergency response field. By calling this team, you will receive immediate care for all of your personnel (officers, dispatchers, and family members). The team only responds when called unless other arrangements are made before an incident occurs. Sample Forms:
Additional Paperwork to be filled out after a LODD
Many agencies don't know this, but most health insurance coverage carried by the fallen officer for their family stops either immediately or at the end of the month in which the officer was killed. Each retirement system has different criteria for dealing with these benefits. Health benefits are not a guarantee for survivors. Health benefits are not part of the Ohio Death Benefit Fund. They are the responsibility of each retirement systems survivor benefits package.
We are encouraging departments to consider a policy to make sure these benefits are continued for their survivors. The only way to guarantee health benefits for all survivors is to change the laws in the retirement systems that exclude them or to make a health benefits packet part of the line of duty death protocol adopted by your agency. As of this writing, the PERS retirement system will deny surviving spouses without children any health benefits if the fallen officer did not have at least ten years of service. These benefits will only become available to that spouse when she/he reaches 62 years of age.
Below is a copy of the statute for tax exemption for survivor benefits of a Line of Duty Death. We urge survivors to hire a qualified tax lawyer to prepare their taxes because of the complexity of a line of duty death. This form should be given to every survivor to present to their tax expert. There are many benefits, including the PSOB and funds from the Ohio Death Benefit Fund that are tax-exempt. ¶ 104. Tax exemption for annuities paid to survivors of public safety officers killed in the line of duty
Code Sec. 101 (h), as amended by 97 Act §1528(a) Under pre-'97 Act law, survivor annuity benefits paid under a governmental retirement plan to a survivor of a law enforcement officer killed in the line of duty were generally includible in income. However, amounts contributed to the plan by the officer and previously included in the officer's income weren't includible in the survivor's income (Com Rept, see ¶5350) (FTC 2d/Fin ¶J-5000; et seq. USTR ¶724; et seq. TaxDesk ¶14,650 et seq.;) New Law. The '97 Act excludes from gross income (except as provided below) any amount paid as a survivor annuity on account of the death of a public safety officer (defined below) killed in the line of duty (Code Sec. 101(h)(1) as amended by 97 Act §1528(a)); if the annuity is provided under a governmental plan which meets the requirements of Code Sec. 401(a), to the spouse (or a former spouse) of the public safety officer or to a child of that officer (Code Sec. 101(h)(1)(A)); and to the extent the annuity is attributable to the officer's service as a public safety officer. (Code Sec. 101(h)(1)(B)) The Code Sec. 101(h)(1) exclusion described above doesn't apply with respect to the death of any public safety officer if, as determined under the provisions of the Omnibus Crime Control and Safe Streets Act of '68 (Code Sec. 101(h)(2)); the death was caused by the intentional misconduct of the officer (Code Sec. 101(h)(2)(A)); the death was caused by the officer's intention to bring about the officer's death (Code Sec. 101(h)(2)(A)); the officer was voluntarily intoxicated (as defined in Sec. 1204 of the Omnibus Crime Control and Safe Streets Act of '68) at the time of death (Code Sec. 101(h)(2)(B)); or the officer was performing his or her duties in a grossly negligent manner at the time of death (Code Sec. 101(h)(2)(C)). In addition, the Code Sec. 101 (h)(1) exclusion described above doesn't apply to any payment to an individual whose actions were a substantial contributing factor to the death of the officer. (Code Sec. 101 (h)(2)(D)). The determination as to whether any of the circumstances listed by Code Sec. 101 (h)(2) (above) apply with respect to the death of a public safety officer is to be made by the appropriate supervising authority. (Com Rept, see ¶5350) For purposes of the above rules, "public safety officer" has the definition given by Sec. 1204 of the Omnibus Crime Control and Safe Streets Act of '68. (Code Sec. 101 (h)(1)). Public Safety Officers include law enforcement officers, firefighters, rescue squad workers and ambulance crew members. (Com. Rept, see ¶5350) RIA observation: Under Sec. 1204 of the Omnibus Crime Control and Safe Streets Act of '68 (42 USC 3796b), a law enforcement officer is an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the law, including, but not limited to, police, corrections, probation, parole, and judicial officers. Effective: Amounts received in tax years beginning after Dec. 31, '96, with respect to individuals dying after that date. (97 Act §1528(b))
RIA recommendation: Since the exclusion applies retroactively with respect to individuals dying after '96, any beneficiary who is receiving annuity payments that now qualify for exclusion and from which income tax is being withheld, should notify the payor to end the withholding.
Authors of this publication from the Dublin Police Agency have granted Ohio Concerns of Police Survivors permission to reprint and distribute this document for the purpose of sharing their Line of Duty Death Manual and Line of Duty Death Confidentiality Form. Every police agency needs to be prepared for law enforcement's greatest tragedy. For more information, please contact:
Ohio COPS Dublin Division of Police Purpose: The Dublin Division of Police recognizes the fact that when a line of duty death, or serious injury occurs the agency must be prepared. The way in which the agency responds to the family and co-workers at the time of the death and in subsequent weeks is vitally important. The agency can either assist in the recovery or add to the emotional and psychological trauma that they are experiencing by their actions, or lack of action. This policy will attempt to specifically address vitally important issues that must be planned for in advance of a line of duty death. Policy: It shall be the responsibility of the Dublin Division of Police to provide assistance to the immediate family of an employee who dies in the line-of-duty. This assistance is applicable whether the employee was killed feloniously or accidentally, while an active member of the department. We view our responsibilities to include the clarification and comprehensive study of survivor benefits, to provide tangible and intangible emotional support during this traumatic period, and continuation of contact and care after the funeral, until so indicated by the survivors. Complete implementation of this policy is predicated on the wishes of the affected member of the agency, if known by the agency. (See LOD Information Form). In order to provide support for shift personnel and/or personnel involved in the same function or with the same duties, the agency will require those members to participate in a debriefing at the end of the tour of duty and will make continuing support available. The agency will coordinate CISD activities for any family members who may wish to access this service. The first line supervisor and/or the Communications Center shall, as soon as practical, begin notifications as follow. Position Descriptions: The following positions must be activated immediately upon a death or serious injury of an agency member. Each of these positions must be trained on their specific areas of responsibility. While each of these is outlined individually, it is also recognized that several positions may be combined and assigned to one person. Each individual assuming a functional responsibility will be responsible for maintaining resources and information for his/her function and have those resources readily available. Family Liaison Representative: - This individual will be responsible for attending to the needs of the family of the agency member killed or seriously injured. This position will be the coordinating point for planning of any visitation at the funeral home, the actual funeral and follow-up care for the family. Personnel assigned to this task will be accessible to the family at all times from the time they are notified through the end of the funeral, and following, as necessary. This assignment is responsible for assuring that the wishes of the family are followed closely throughout the funeral planning process and funeral. The family liaison representative will work closely with the department liaison representative during the process to obtain necessary approval for any expenditures. Department Liaison Representative: - This individual must be a command level officer with the authority to allow the family liaison representative to make financial obligations and purchases. The department liaison representative will keep all agency personnel up to date on the plans and arrangements as he receives that information from the family liaison representative. The department liaison representative is the contact for any media representatives who may contact the department for information regarding the injury or death. Media releases, reports, etc., which are to be released regarding the death of any personnel shall be provided to the family of the employee prior to when they are released to the public. Additionally, absolutely no information regarding the death of an employee shall be released prior to the deceased personnel's family being notified. Logistical Officer: - This individual will have the responsibility for contacting and arranging honor guard, color guard, bagpipe players, buglers, etc. The logistical officer will work in very close contact with the family liaison representative to make sure the family wishes are carried out exactly. Benefits Officer: - This assignment is responsible for compiling all death benefits due to the survivors. These benefits will be maintained in handbook that will be reviewed and updated on an annual basis. The benefit explanation booklet available through Ohio Concerns of Police Survivors shall be a part of this handbook. The benefits officer will work in conjunction with the Director of Personnel and Purchasing to assemble this information as soon as possible upon the death of a member and coordinate with the family liaison representative to provide this information to the survivors. The benefits officer will also prepare and file the necessary paperwork for these benefits on behalf of the family, as well as check the status of the claims until the benefits are paid to the survivor. Survivor: - For the purposes of this policy the term survivor will apply first to the immediate family members of the deceased agency member. The surviving spouse will be the decision-maker regarding arrangements, and the person from whom the family liaison representative will take direction. Should an agency member be single, the family liaison representative will work directly with the surviving parents and adult children, if any. Notification of Death:
Assisting the Family at the Hospital
Funeral:
The emphasis of having a living will, life insurance, and regularly updating beneficiaries cannot be overstated. We have seen many life insurance benefits go to ex-spouses, leaving the current spouse without benefits. Whoever is on the document as the beneficiary gets the money. The PSOB has new guidelines and if there is no current spouse or children, the benefit goes to whoever is listed as beneficiary on the most recent life insurance policy. These documents need to be kept current.
Our suggestion to alleviate this problem is the Confidential Line of Duty Death Notification Form. A copy of one is attached with our sample Line of Duty Death Policy. We urge each and every department to have your officers fill these out on at least an annual basis. Make this a part of your yearly in-service program. These documents need to be kept away from the department, possibly in your local FOP or chaplain's office so they cannot be obtained legally by the public.
The National Concerns of Police Survivors, Inc. will pay up to $6000 per child for counseling when children are coping with the effects of Law Enforcement Line of Duty Death as determined by federal criteria. The following information describes the service provided and how to go about applying for assistance.
Under the Ohio Revised Code 3333.26, children and the spouse of an officer who dies in the line of duty, and who is admitted to any State university or college as defined in Division (A) (1) of Ohio Revised Code 3345.12, community college, state community college, university branch or technical college, shall not be required to pay any tuition or any student fee for up to four years of education, which shall be at an undergraduate level. Benefits are available to those under age 26 or age 30 with military service who have been a resident of Ohio for at least one year. A former spouse who was divorced or legally separated from the deceased person is eligible if he or she is the court-ordered custodial parent of a minor child of the marriage.
How to apply for Benefits:
Ohio Board of Regents, Ohio Student Aid Commission, State Grants and Scholarships Department, 309 S. 4th Street, P.O. Box 182452, Columbus, OH 43218-2452, telephone: 614.752.9535. Beginning March 2, 2001, the tuition and fee waiver applies to survivors of persons who held an equivalent law enforcement position in another state and were killed in the line of duty. The child or spouse must meet the existing program's requirements regarding age and residency in Ohio. In addition to the State of Ohio's educational program, the National Concerns of Police Survivors, Inc., also has a scholarship program for survivors of line of duty death. These deaths must meet government federal criteria for line of duty death. This scholarship is usually only available to states that do not have tuition-free education; however, there may be extenuating circumstances that will allow your survivor to be approved for this scholarship. You will need to explain these circumstances when applying. An example would be if a child was enrolled in an out-of-state college before the death occurred. Attached is a sample copy of this application. Public Safety Officers' Educational Assistance Program provides an educational assistance allowance to eligible survivors of public safety officers whose deaths or permanent and total disabilities are the direct and proximate result of a traumatic injury sustained in the line of duty. Spouses and children (until they reach 27 years of age) are eligible for this benefit. As of this writing in January 2003, the allowance is $485 per month for full-time students, $365 for 3/4 time students, $242 for 1/2 time students, and $121 for less than half-time students. This figure is adjusted with college tuition rates. For more information on this program, contact: PSOEAP, Bureau of Justice Assistance, 810 Seventh St. NW, Washington, DC 20531, telephone: 1.888.744.6513, or www.ojp.usdoj.gov/BJA
The state of Ohio has a memorial for all of Ohio's fallen officers located in London, Ohio at the Ohio Peace Officers Training Academy. They hold a memorial service each May to honor those lost in the line of duty. Upon the death of an officer, contact the Academy at 614.466.7771 to make sure that your officer will be added to the state's memorial. The National Law Enforcement Officers Memorial is located in Washington, DC. This is our National memorial that lists every officer ever killed in the line of duty in our nation's history. It is the place where the candlelight vigil is held each May 13th and the new names from the previous year are read and etched into the marble walls. Upon the death of an officer, contact the NLEOMF Administrative Offices at:
NLEOMF Administrative Office
www.ohiocops.com
www.ohiofallenofficers.com
www.nationalcops.org
www.odmp.org
www.nleomf.com
www.policememorialsociety.org
www.getbehindthebadge.org
www.policeunitytour.com |
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