Public Safety Officers’ Benefits (PSOB) and
January 5, 2022March 11, 2021
Public Safety Officers’ Educational Assistance
Scott D. Szymendera
(PSOEA) Programs
Analyst in Disability Policy
Analyst in Disability Policy
The Public Safety Officers’ Benefits (PSOB) program provides cash benefits to federal, state, and
The Public Safety Officers’ Benefits (PSOB) program provides cash benefits to federal, state, and
local law enforcement officers; firefighters; employees of emergency management agencies; and local law enforcement officers; firefighters; employees of emergency management agencies; and
members of emergency medical services agencies who are killed or permanently and totally
members of emergency medical services agencies who are killed or permanently and totally
disabled as the result of personal injuries sustained in the line of duty. The Public Safety Officers’ Educational Assistance disabled as the result of personal injuries sustained in the line of duty. The Public Safety Officers’ Educational Assistance
(PSOEA) program, a component of the PSOB program, provides higher-education assistance to the children and spouses of (PSOEA) program, a component of the PSOB program, provides higher-education assistance to the children and spouses of
public safety officers killed or permanently disabled in the line of duty. public safety officers killed or permanently disabled in the line of duty.
The PSOB and PSOEA programs are administered by the Department of Justice (DOJ), Bureau of Justice Assistance (BJA).
The PSOB and PSOEA programs are administered by the Department of Justice (DOJ), Bureau of Justice Assistance (BJA).
Claimants dissatisfied with denials of benefits may pursue administrative appeals within DOJ and may seek judicial review Claimants dissatisfied with denials of benefits may pursue administrative appeals within DOJ and may seek judicial review
before the United States Court of Appeals for the Federal Circuit. before the United States Court of Appeals for the Federal Circuit.
Each year, Congress appropriates funding for PSOB death benefits, which is considered mandatory spending, and for PSOB
Each year, Congress appropriates funding for PSOB death benefits, which is considered mandatory spending, and for PSOB
disability benefits and PSOEA benefits, which is subject to annual appropriations. For disability benefits and PSOEA benefits, which is subject to annual appropriations. For
FY2022FY2021, the one-time lump-sum , the one-time lump-sum
PSOB death and disability benefit is $PSOB death and disability benefit is $
389,825370,376 and the PSOEA monthly benefit for a student attending an educational and the PSOEA monthly benefit for a student attending an educational
institution full-time is $1,institution full-time is $1,
298. 265.
In FY2018, the DOJ approved 318 claims for PSOB death benefits, 59 claims for PSOB disability benefits, and 642 claims for PSOEA benefits.
Public safety officers who contract Coronavirus Disease 2019 (COVID-19)
Public safety officers who contract Coronavirus Disease 2019 (COVID-19)
in the line of duty may be eligible for PSOB in the line of duty may be eligible for PSOB
benefits. The Safeguarding America’s First Responders Act (S. 3607, P.L. 116-157)benefits. The Safeguarding America’s First Responders Act (S. 3607, P.L. 116-157)
provides a presumption of PSOB provides a presumption of PSOB
eligibility for public safety officers who were on duty eligibility for public safety officers who were on duty
beginningbetween January 1, 2020, and December 31, 2021, and who were diagnosed with COVID-19 within 45 days of their last day of duty. January 1, 2020.
On November 18, 2021, President Joe Biden signed into law the Protecting America’s First Responders Act of 2021 (P.L. 117-61) which made numerous amendments to the PSOB and PSOEA programs as indicated in various places in this report.
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1413 PSOB and PSOEA Programs
Contents
Public Safety Officers’ Benefits Program... ..................................................................................... 1
Eligible Public Safety Officers .................................................................................................. 1
Law Enforcement Officer, Firefighter, or Chaplain ............................................................ 1 2
Emergency Management Agency Employee ...................................................................... 2 3
Emergency Medical Services Member ............................................................................... 3
Department of Energy Employee 3
Injury and Line of Duty Requirements .......................................................................... 3
Injury Requirement........................ 3
Injury Requirement ....................................................................... 3 Line of Duty Requirement ............................................ 3
Line of Duty Requirement ......................................... 4
Benefit Amounts ............................................................... 4
Presumption of Eligibility for Heart Attack, Stroke, or Vascular Rupture .............................. 4
Presumption of Eligibility for COVID-19 .......... 4 Payments to Survivors............................................................................. 4
Actions Outside of Jurisdiction ................... 5 Definition of Disability......................................................................... 5
Benefit Amount ...................... 6 Application Process ................................................................................................... 5
Payments to Survivors 6
Public Safety Officers’ Educational Assistance Program........................................................ 7
Eligibility ....................................................... 6
Definition of Disability .......................................................... 7 Amount of Benefits................................................... 7
Application Process ................................................. 7 Duration of Benefits.................................................................. 8
Public Safety Officers’ Educational Assistance Program ................................. 8
PSOB and PSOEA Appeals Process ............................... 9
Eligibility .................................................... 8 Budget and Appropriations .............................................................................. 9
Amount of Benefits ................... 9 COVID-19 Issues................................................................................................ 9
Duration of Benefits ................ 9
Evidence of Causation ................................................................................................ 10
PSOB and PSOEA Appeals Process ..9 The Safeguarding America’s First Responders Act (P.L. 116-157) ..................................... 9
Presumption of Eligibility for Death Benefits ......................................................... 10 Presumption of Eligibility for Disability Benefits 10
Budget and Appropriations .................................................... 10
Tables Table 1. PSOB and PSOEA Claims and Approvals ............................................................. 11
.. 1
Contacts
Author Information ......................................................................................................................... 11 10
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he Public Safety Officers’ Benefits (PSOB) program provides cash benefits to federal,
he Public Safety Officers’ Benefits (PSOB) program provides cash benefits to federal,
state, and local law enforcement officers; firefighters; employees of emergency state, and local law enforcement officers; firefighters; employees of emergency
T management agencies; and members of emergency medical services agencies who are
T management agencies; and members of emergency medical services agencies who are
killed kil ed or permanently and or permanently and
totallytotal y disabled as the result of personal injuries sustained in the line of disabled as the result of personal injuries sustained in the line of
duty.1 The Public Safety Officers’ Educational Assistance (PSOEA) program, a component of the duty.1 The Public Safety Officers’ Educational Assistance (PSOEA) program, a component of the
PSOB program, provides higher-education assistance to the children and spouses of public safety PSOB program, provides higher-education assistance to the children and spouses of public safety
officers officers
killedkil ed or permanently disabled in the line of duty.2 Both programs are administered by the or permanently disabled in the line of duty.2 Both programs are administered by the
PSOB Office of the Department of Justice (DOJ), Bureau of Justice Assistance (BJA).3PSOB Office of the Department of Justice (DOJ), Bureau of Justice Assistance (BJA).3
Congress appropriates funds for these programs in the annual Departments of Commerce and
Congress appropriates funds for these programs in the annual Departments of Commerce and
Justice, Science, and Related Agencies Appropriations Act. For Justice, Science, and Related Agencies Appropriations Act. For
FY2022FY2021, the one-time lump-sum , the one-time lump-sum
PSOB benefit is $PSOB benefit is $
389,825370,376 and the monthly full-time attendance PSOEA and the monthly full-time attendance PSOEA
benefitsassistance is $1, is $1,
298265. The . The
PSOB and PSOEA benefit amounts are indexed to reflect changes in the cost of living. Table 1 shows PSOB and PSOEA claims and approvals as reported by DOJ.
Table 1. PSOB and PSOEA Claims and Approvals
(FY2015-FY2018)
FY2015
FY2016
FY2017
FY2018
PSOB Death Benefits
Claims Filed
284
285
356
324
Claims Approved
266
330
399
318
PSOB Disability Benefits
Claims Filed
64
61
77
139
Claims Approved
17
31
82
59
PSOEA Benefits
Claims Filed
606
679
715
609
Claims Approved
453
549
601
642
Source: Department of Justice, Office of Justice Programs, FY2020 Program Summaries, March 2019, p. 134, https://www.justice.gov/jmd/page/file/1160581/download. Notes: Data are reported when a claim is filed and approved, thus claims filed in one year may be approved in another year. FY2018 filed claims include initiated applications that have not yet been determined to meet the standard of a claim.
Public Safety Officers’ Benefits Program
Eligible Public Safety Officers To be eligible for PSOB benefits for death or disability, a person must have served in one of the
following categories of public safety officers:
1 T he Public Safety Officers’ Benefits (PSOB) program is authorized in statute at Part L of T itle I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. §§10281 -10288).
2 T he Public Safety Officers’ Educational Assistance (PSOEA) program is authorized in statute at 34 U.S.C. §§10301-10308. 3 T he PSOB program website is at https://psob.bja.ojp.gov/.
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law enforcement officer, firefighter, or chaplain in a public agency; FEMA employee or a state, local, or tribal emergency management agency
employee; or
emergency medical services member.
There is no minimum amount of time a person must have served to be eligible for benefits.
Law Enforcement Officer, Firefighter, or Chaplain
To be eligible for PSOB benefits as a law enforcement officer, firefighter, or chaplain, a person must have served in a “public agency” in an official capacity, with or without compensation.4 For
the purposes of PSOB eligibility, a public agency is defined as
the federal government and any department, agency, or instrumentality of the
federal government;
any state government, the District of Columbia government, and any U.S.
territory or possession; and
any local government, department, agency, or instrumentality of a state, the
District of Columbia, or any U.S. territory or possession.5
Law Enforcement Officer
For the purposes of PSOB eligibility, PSOB and PSOEA benefit amounts are indexed to reflect changes in the cost of living.
Public Safety Officers’ Benefits Program
Eligible Public Safety Officers
To be eligible for PSOB benefits for death or disability, a person must have served in one of the following categories of public safety officers:
law enforcement officer, firefighter, or chaplain in a public agency; FEMA employee or a state, local, or tribal emergency management agency
employee;
emergency medical services member; or Department of Energy nuclear courier or emergency response team member.
There is no minimum amount of time a person must have served to be eligible for benefits.
Law Enforcement Officer, Firefighter, or Chaplain
To be eligible for PSOB benefits as a law enforcement officer, firefighter, or chaplain, a person must have served in a “public agency” in an official capacity, with or without compensation.4 For the purposes of PSOB eligibility, a public agency is defined as
the federal government and any department, agency, or instrumentality of the
federal government;5
any state government, the District of Columbia government, and any U.S.
territory or possession; and
1 The Public Safety Officers’ Benefits (PSOB) program is authorized in statute at Part L of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. §§10281-10288).
2 The Public Safety Officers’ Educational Assistance (PSOEA) program is authorized in statute at 34 U.S.C. §§10301-10308.
3 The PSOB program website is at https://psob.bja.ojp.gov/. 4 34 U.S.C. §10284(14). 5 Per Title 34, Section 10282(a)(5), of the U.S. Code, PSOB benefits are available only to persons employed in a “civilian capacity.” Thus, while federal law enforcement officers, including civilian law enforcement officers employed by the Department of Defense, are eligible for PSOB, members of the armed forces serving in law enforcement roles (e.g., military police, masters at arms) are not eligible for PSOB.
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any local government, department, agency, or instrumentality of a state, the
District of Columbia, or any U.S. territory or possession.6
Law Enforcement Officer
For the purposes of PSOB eligibility, a law enforcement officer is defined as “an individual a law enforcement officer is defined as “an individual
involved in crime and juvenile delinquency control or reduction, or enforcement of the criminal involved in crime and juvenile delinquency control or reduction, or enforcement of the criminal
laws (including juvenile delinquency), including, but not limited to, police, corrections, laws (including juvenile delinquency), including, but not limited to, police, corrections,
probation, parole, and judicialprobation, parole, and judicial
officers.”officers.”
76
Firefighter
For the purposes of PSOB eligibility,
For the purposes of PSOB eligibility,
the definition of the definition of
firefighterfirefighter includes both professional includes both professional
firefighters and persons serving as an “firefighters and persons serving as an “
officiallyofficial y recognized or designated member of a recognized or designated member of a
legally legal y
organized volunteer fire department.”7
Chaplain
A chaplain is eligible for PSOB benefits (1) if he or she is either an “official y recognized or designated member of a legal y organized volunteer fire department or legal y organized police department” or public employee of a police or fire department8 and (2) only if he or she was performing the duties of a chaplain in an official capacity while responding to a police, fire, or
rescue emergency.9
4 34 U.S.C. §10284(9). 5 34 U.S.C. §10284(8). 6 34 U.S.C. §10284(6). 7 34 U.S.C. §10284(4). 8 34 U.S.C. §10284(2). 9 28 C.F.R. §32.3.
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organized volunteer fire department.”8 In addition to members responsible for fire suppression and rescue services, members of volunteer fire departments who are responsible for scene security and traffic management as their primary or only duties (often referred to as fire-police) are considered firefighters for the purposes of PSOB eligibility.9
Chaplain
A chaplain is eligible for PSOB benefits if he or she is either an “officially recognized or designated member of a legally organized volunteer fire department or legally organized police department” or a public employee of a police or fire department and was responding to a police, fire, or rescue emergency.10
Candidate-Officer
A person who is enrolled or admitted as a cadet or trainee in a formal training program, such as a police or fire academy, that leads to a law enforcement commission or official license or authorization to perform fire suppression, rescue, or emergency medical services activities is considered a public safety officer for the purposes of PSOB eligibility while engaged in an activity that is a formal part of the training program.11
Emergency Management Agency Employee
Employees of the Federal Emergency Management Agency (FEMA) and state, local, or tribal
Employees of the Federal Emergency Management Agency (FEMA) and state, local, or tribal
emergency management agencies may be eligible for PSOB benefits under certain conditions emergency management agencies may be eligible for PSOB benefits under certain conditions
provided in statute. A FEMAprovided in statute. A FEMA
employee or an employee of a state, local, or tribal emergency employee or an employee of a state, local, or tribal emergency
management agency working with FEMA is eligiblemanagement agency working with FEMA is eligible
for PSOB benefits if he or she is performing for PSOB benefits if he or she is performing
official duties that are related to a major disaster or an emergency declared under the Robert T. official duties that are related to a major disaster or an emergency declared under the Robert T.
6 34 U.S.C. §10284(13). 7 34 U.S.C. §10284(9). 8 34 U.S.C. §10284(7). Pursuant to Section 2 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61), the volunteer fire department must be a nonprofit entity that provides services without regard to any relationship, such as a subscription, that a person may have with the department.
9 This provision was added by Section 3 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61). 10 34 U.S.C. §10284(5). 11 34 U.S.C. §§10284(2) and (14)(B).
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Stafford Disaster Relief and Emergency Assistance Act (Stafford Act)12Stafford Disaster Relief and Emergency Assistance Act (Stafford Act)10 and that are considered and that are considered
hazardous by the FEMA Administrator or the head of the state, local, or tribal agency.hazardous by the FEMA Administrator or the head of the state, local, or tribal agency.
13 11
Emergency Medical Services Member
A member, including a volunteer member, of a rescue squad or “ambulance crew” who is
A member, including a volunteer member, of a rescue squad or “ambulance crew” who is
authorized or licensed by law and the applicable agency and is engaging in rescue services or authorized or licensed by law and the applicable agency and is engaging in rescue services or
providing emergency medical services may be eligible for PSOB benefits.providing emergency medical services may be eligible for PSOB benefits.
1412 The rescue squad or The rescue squad or
ambulance service may provide ground or air ambulance services and may be either a public ambulance service may provide ground or air ambulance services and may be either a public
agency or a nonprofit entity authorized to provide rescue or emergency medical services.agency or a nonprofit entity authorized to provide rescue or emergency medical services.
1513 By By
PSOB regulation, eligiblePSOB regulation, eligible
emergency medical services workers include rescue workers, emergency medical services workers include rescue workers,
ambulance drivers, paramedics, health care responders, emergency medical technicians, or others ambulance drivers, paramedics, health care responders, emergency medical technicians, or others
who are trained in rescue activity or emergency medical services and have the legal authority and who are trained in rescue activity or emergency medical services and have the legal authority and
responsibility to provide such services.responsibility to provide such services.
16
Department of Energy Employee
An employee of the Department of Energy (DOE) may be eligible for PSOB benefits if that employee is a nuclear material courier or member of an emergency response team and is performing official duties of the DOE to assess, locate, identify, secure, render safe, or dispose of weapons of mass destruction or manage the immediate consequences of a radiological release or exposure.17
Injury Requirement
14
Injury and Line of Duty Requirements The PSOB program pays benefits if a public safety officer becomes permanently and total y disabled or dies “as the direct and proximate result of a personal injury sustained in the line of
duty.”15
Injury Requirement
To qualify for coverage under the PSOB program, a public safety officer’s disability or death To qualify for coverage under the PSOB program, a public safety officer’s disability or death
must have been the result of a personal injury. The PSOB regulation defines an injury for the must have been the result of a personal injury. The PSOB regulation defines an injury for the
purposes of benefit eligibilitypurposes of benefit eligibility
as as
a traumatic physical wound (or a traumatized physical condition of the body) directly and
a traumatic physical wound (or a traumatized physical condition of the body) directly and
proximately caused by external force (such as bullets, explosives, sharp instruments, blunt proximately caused by external force (such as bullets, explosives, sharp instruments, blunt
objects, or physical blows), chemicals, electricity, climatic conditions, infectious disease, objects, or physical blows), chemicals, electricity, climatic conditions, infectious disease,
radiation, virii, or bacteriaradiation, virii, or bacteria
.18
The regulation also provides that the definition of an injury does not include an occupational disease or a condition of the body caused by stress or strain, including psychological conditions
12 The ...16
10 T he Stafford Act is in statute at 42 U.S.C. §§5121 et seq. For additional information on emergency and disaster Stafford Act is in statute at 42 U.S.C. §§5121 et seq. For additional information on emergency and disaster
declarations underdeclarations under
the Stafford Act, see CRSthe Stafford Act, see CRS
Report R43784, Report R43784,
FEMA’s Disaster Declaration Process: A Primer. ThePrim er. T he definition of definition of
hazardous duty for the purposes of determining the eligibility of emergency management employees is not for the purposes of determining the eligibility of emergency management employees is not
defineddefined
in statute or regulation. Rather, the determination of whether duty is hazardous is made by the FEMA in statute or regulation. Rather, the determination of whether duty is hazardous is made by the FEMA
Administrator or head of the relevant state, local, or tribal emergency management agency. Administrator or head of the relevant state, local, or tribal emergency management agency.
1311 34 U.S.C. 34 U.S.C.
§§10284(§§10284(
14)(c9)(b) and () and (
dc). ).
1412 34 U.S.C. 34 U.S.C.
§10284(§10284(
109). ).
1513 Employees of for-profit companies providing emergency medical services under contract to a unit of government are Employees of for-profit companies providing emergency medical services under contract to a unit of government are
not eligiblenot eligible
for PSOBfor PSOB
benefits. benefits.
1614 28 C.F.R. §32.3. 28 C.F.R. §32.3.
17 34 U.S.C. §10284(14)(f). This provision was added by Section 3 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61).
1815 34 U.S.C. §§10281(a) and (b). 16 28 C.F.R. §32.3.
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The regulation also provides that the definition of an injury does not include an occupational disease or a condition of the body caused by stress or strain, including psychological conditions such as post-traumatic stress disorder. However, the PSOB statute specifical y provides for deaths
caused by certain cardiovascular conditions.
Presumption of Injury Status 28 C.F.R. §32.3.
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such as post-traumatic stress disorder. However, the PSOB statute specifically provides for deaths caused by certain cardiovascular conditions and COVID-19.
Line of Duty Requirement
The PSOB program covers a public safety officer’s death or disability if it occurred as the result of an injury incurred in the line of duty. The PSOB regulations provide that an injury occurs in the line of duty if it (1) is the result of the public safety officer’s authorized activities while on duty, (2) occurs while responding to an emergency or request for assistance, or (3) occurs while commuting to or from duty in an authorized department or personal vehicle.19 In addition, if there is convincing evidence that the injury was the result of the individual’s status as a public safety officer, that injury is covered by the PSOB program.
Presumption of Eligibility for Heart Attack, Stroke, or Vascular Rupture
The death of a public safety officer due to a heart attack, stroke, or vascular rupture
The death of a public safety officer due to a heart attack, stroke, or vascular rupture
shall shal be be
presumed to be a death from a personal injurypresumed to be a death from a personal injury
sustained in the line of duty for the purposes of for the purposes of
PSOB eligibilityPSOB eligibility
if the officer engaged in nonroutine stressful or strenuous physical activity as if the officer engaged in nonroutine stressful or strenuous physical activity as
part of an emergency response or training exercisepart of an emergency response or training exercise
; and if the condition began during the physical and if the condition began during the physical
activity, while the officer activity, while the officer
remained on duty after the physical activity, or within 24 hours of the remained on duty after the physical activity, or within 24 hours of the
physical activity.physical activity.
20
Presumption of Eligibility for COVID-19
The Safeguarding America’s First Responders Act (P.L. 116-157), as amended by the Protecting America’s First Responders Act of 2021 (P.L. 117-61), provides a presumption of PSOB eligibility for public safety officers who have COVID-19 at the time of death or are disabled due to COVID-19.21
Presumption of Eligibility for Death Benefits
For PSOB death benefits, the death of an officer will be presumed to be directly and proximately caused by COVID-19 and incurred in the line of duty, and thus be compensable, if the following conditions are met:
No competent medical evidence exists that the officer’s death was directly and
proximately caused by something other than COVID-19;
The officer engaged in a line of duty action or activity between January 1, 2020,
and the earlier of December 31, 2023, or the date on which the public health emergency for COVID-19 declared by the Secretary of Health and Human Services expires;
The officer was diagnosed with COVID-19, or evidence indicates that the officer
had COVID-19, during the 45-day period beginning with the last day of the officer’s duty; and
Evidence indicates that the officer had COVID-19 or complications from
COVID-19 at the time of his or her death.
19 28 C.F.R. §32.3. 20 34 U.S.C. §10281(k). 21 34 U.S.C. §10281 note.
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Presumption of Eligibility for Disability Benefits
For PSOB disability benefits, a disability caused by COVID-19 or complications from COVID-19 will be presumed to have been incurred in the line of duty, and thus be compensable, if the following conditions are met:
The officer engaged in a line of duty action or activity between January 1, 2020,
and the earlier of December 31, 2023, or the date on which the public health emergency for COVID-19 declared by the Secretary of Health and Human Services expires; and
The officer was diagnosed with COVID-19, or evidence indicates that the officer
had COVID-19, during the 45-day period beginning with the last day of the officer’s duty.
Actions Outside of Jurisdiction
A law enforcement officer, firefighter, chaplain, or emergency medical services member may be eligible for PSOB benefits if he or she sustains an injury that occurred while taking certain actions outside of his or her legal jurisdiction during an emergency situation. Such actions must not have been part of compensated public safety or security work and must have been actions that would ordinarily be considered within the authorized line of duty of a public safety officer with legal authority to act in that jurisdiction.22 Actions taken outside of a public safety officer’s jurisdiction shall be presumed to be covered by the PSOB program if the principal legal officer and head of the public safety officers’ agency both certify that the actions
were not unreasonable, would have been within the authority of the public safety officer had they been
taken in the officer’s area of jurisdiction, and
would have resulted in the payment of applicable full line-of-duty death or
disability benefits.23
Benefit Amount
The lump-sum PSOB death and disability benefit for FY2022 is $389,825. The benefit amount is adjusted annually17
Line of Duty Requirement
The PSOB program covers a public safety officer’s death or disability if it occurred as the result of an injury incurred in the line of duty. The PSOB regulations provide that an injury occurs in the line of duty if it (1) is the result of the public safety officer’s authorized activities while on duty, (2) occurs while responding to an emergency or request for assistance, or (3) occurs while commuting to or from duty in an authorized department or personal vehicle.18 In addition, if there
is convincing evidence that the injury was the result of the individual’s status as a public safety
officer, that injury is covered by the PSOB program.
Benefit Amounts The lump-sum PSOB death and disability benefit for FY2021 is $370,376. The benefit amount is adjusted annual y to reflect changes in the cost of living using the annual percentage change in to reflect changes in the cost of living using the annual percentage change in
the Consumer Price Index for Urban Consumers (CPI-U) for the one-year period ending in the the Consumer Price Index for Urban Consumers (CPI-U) for the one-year period ending in the
previous June.previous June.
2419 If a public safety officer receives a disability benefit and later dies from the same If a public safety officer receives a disability benefit and later dies from the same
injury, the officer’s survivors may not receive a PSOB death benefit. injury, the officer’s survivors may not receive a PSOB death benefit.
The payable benefit amount is based on the date of the public safety officer’s death or the date of
The payable benefit amount is based on the date of the public safety officer’s death or the date of
the injurythe injury
that caused the disability, rather than on the date of application for benefits or disability that caused the disability, rather than on the date of application for benefits or disability
determination. Thus, if a benefit increase occurs while an application is pending, the benefit is determination. Thus, if a benefit increase occurs while an application is pending, the benefit is
payable at the previous, lower, benefit level.payable at the previous, lower, benefit level.
However, if a claim is pending for more than one
22 34 U.S.C. §10284(1). This provision was added by Section 3 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61).
23 34 U.S.C. §§10284(14)(a) and (e). 24 34 U.S.C. §10281(h).
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year when a final determination is made, the amount of benefits shall be based on the date of the determination rather than the date of the death or injury.25
A lump-sum interim payment of up to $6,000, subject to the same annual cost-of-living adjustment as applied to the total benefit amount, may be made if a PSOB death benefit will “probably be paid.”26 The interim payment amount reduces the final PSOB payment amount. If the ultimate decision is to deny death benefits, the interim payment must be returned to the federal government unless this repayment is waived because it would create a hardship for the beneficiary.
Death and disability benefits are not subject to the federal income tax.27 In general, PSOB death and disability benefits are paid in addition to any other workers’ compensation, life insurance, or other benefits paid for the death of a public safety officer.28 However, the PSOB death benefit is offset by the following benefits:29
Death and disability benefits are not subject to the federal income tax.20 In general, PSOB death and disability benefits are paid in addition to any other workers’ compensation, life insurance, or other benefits paid for the death of a public safety officer.21 However, the PSOB death benefit is
offset by the following benefits:22
17 34 U.S.C. §10281(k). 18 28 C.F.R. §32.3. 19 34 U.S.C. §10281(h). 20 Section 104(a)(6) of the Internal Revenue Code [26 U.S.C. §104(a)(6)]. 21 PSOB disability benefits may reduce the amount of an officer’s monthly Social Security Disability Insurance (SSDI). For additional information see the sect ion “ Workers’ Compensation and Public Disability Benefit Offset” in CRS Report R44948, Social Security Disability Insurance (SSDI) and Supplem ental Security Income (SSI): Eligibility, Benefits, and Financing.
22 34 U.S.C. §10281(f).
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benefits under the Federal Employees’ Compensation Act (FECA) payable to
benefits under the Federal Employees’ Compensation Act (FECA) payable to
state and local law enforcement officers injured or
state and local law enforcement officers injured or
killedkil ed while enforcing federal while enforcing federal
law;law;
3023
benefits under the D.C. Retirement and Disability Act of 1916 for certain police
benefits under the D.C. Retirement and Disability Act of 1916 for certain police
officers and firefighters in the District of Columbia;
officers and firefighters in the District of Columbia;
3124 and and
payments from the September 11th Victim Compensation Fund (VCF).
payments from the September 11th Victim Compensation Fund (VCF).
3225
Payments to Survivors
PSOB death benefits are payable to the eligiblePSOB death benefits are payable to the eligible
spouse and children of a public safety officer. A spouse and children of a public safety officer. A
spouse is the person to whom the officer is spouse is the person to whom the officer is
legallylegal y married, even if married, even if
physicallyphysical y separated, under separated, under
the marriage laws of the jurisdiction where the marriage took place. Pursuant to regulations the marriage laws of the jurisdiction where the marriage took place. Pursuant to regulations
issued after the Supreme Court struck down the federal Defense of Marriage Act in issued after the Supreme Court struck down the federal Defense of Marriage Act in
United States
v. Windsor,,
3326 the the
legally legal y married spouse of a public safety office may be of the same sex as the
officer.27
A child is defined as any “natural, il egitimate, adopted, or posthumous child or stepchild” of the
public safety officer who, at the time of the public safety officer’s fatal or catastrophic injurymarried spouse of a public safety office may be of the same sex as the officer.34
25 34 U.S.C. §10281(i). This provision was added by Section 2 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61).
26 34 U.S.C. §§10281(c), (d), and (e). The amount of the interim payment was increased from $3,000 to $6,000 and made subject to annual adjustments by Section 2 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61).
27 Section 104(a)(6) of the Internal Revenue Code [26 U.S.C. §104(a)(6)]. 28 PSOB disability benefits may reduce the amount of an officer’s monthly Social Security Disability Insurance (SSDI). For additional information see the section “Workers’ Compensation and Public Disability Benefit Offset” in CRS Report R44948, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI): Eligibility,
Benefits, and Financing.
29 34 U.S.C. §10281(f). 30 5 U.S.C. §8191. For additional information on FECA, see CRS Report R42107, The Federal Employees’
Compensation Act (FECA): Workers’ Compensation for Federal Employees. There is no offset for FECA benefits for federal employees.
31 Section 12 of Act of Sept. 1, 1916, ch. 433, 39 Stat. 718. 32 49 U.S.C. §40101 note. For additional information on the VCF, see CRS Report R45969, The September 11th Victim
Compensation Fund (VCF).
33 570 U.S. 744 (2013). 34 Department of Justice (DOJ), “Public Safety Officers’ Benefit Program,” 79 Federal Register 35492, June 23, 2014.
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A child is defined as any “natural, illegitimate, adopted, or posthumous child or stepchild” of the public safety officer who, at the time of the public safety officer’s death or fatal injury or the date of the officer’s injury or final determination of eligibility, is , is
18 years of age or under;
18 years of age or under;
between 18 and 23 years of age and a full-time student in high school or between 18 and 23 years of age and a full-time student in high school or
undergraduate higher education; or
undergraduate higher education; or
over 18 years of age and incapable of self-support because of physical or mental
over 18 years of age and incapable of self-support because of physical or mental
disability.
disability.
3528
PSOB death benefits are paid to eligible
PSOB death benefits are paid to eligible
survivors in the following order: survivors in the following order:
1. if the officer is survived by only a spouse, 100% of the death benefits are payable
1. if the officer is survived by only a spouse, 100% of the death benefits are payable
to the spouse;
to the spouse;
2. if the officer is survived by a spouse and children, 50% of the death benefits are
2. if the officer is survived by a spouse and children, 50% of the death benefits are
payable to the spouse and the remaining 50% is distributed equally among the
payable to the spouse and the remaining 50% is distributed equally among the
officer’s children; officer’s children;
3. if the officer is survived by only children, the death benefits are
3. if the officer is survived by only children, the death benefits are
equallyequal y
distributed among the officer’s children;
distributed among the officer’s children;
4. if the officer has no surviving spouse or children, the death benefits are paid to
4. if the officer has no surviving spouse or children, the death benefits are paid to
the individual
the individual
or individualsor individuals
designated by the officer in the most recently designated by the officer in the most recently
executed designation of beneficiary on file at the time of the officer’s death; or if executed designation of beneficiary on file at the time of the officer’s death; or if
the officer does not have a designation of beneficiary on file, the benefits are paid the officer does not have a designation of beneficiary on file, the benefits are paid
to the individualto the individual
or individuals designated by the officer in the most recently or individuals designated by the officer in the most recently
executed life insurance policy on file at the time of the officer’s death; executed life insurance policy on file at the time of the officer’s death;
23 5 U.S.C. §8191. For additional information on FECA, see CRS Report R42107, The Federal Employees’ Compensation Act (FECA): Workers’ Compensation for Federal Employees. T here is no offset for FECA benefits for federal employees.
24 Section 12 of Act of Sept. 1, 1916, ch. 433, 39 Stat. 718. 25 49 U.S.C. §40101 note. 26 570 U.S. 744 (2013). 27 Department of Justice (DOJ), “Public Safety Officers’ Benefit Program,” 79 Federal Register 35492, June 23, 2014. 28 34 U.S.C. §10284(3).
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5. if the officer has no surviving spouse or eligible
5. if the officer has no surviving spouse or eligible children, and the officer does not children, and the officer does not
have a life insurance policy, the death benefits are
have a life insurance policy, the death benefits are
equallyequal y distributed between distributed between
the officer’s surviving parents; or the officer’s surviving parents; or
6. if the officer has no surviving spouse, eligible children, or parents, and the officer
6. if the officer has no surviving spouse, eligible children, or parents, and the officer
did not have a designation of beneficiary or a life insurance policy on file at the
did not have a designation of beneficiary or a life insurance policy on file at the
time of his or her death, the death benefits are payable to surviving adult, time of his or her death, the death benefits are payable to surviving adult,
nondependent, children of the officer.nondependent, children of the officer.
3629
Definition of DisabilityDisability
PSOB disability benefits are paid only in cases of permanent and total disability. There are no PSOB disability benefits are paid only in cases of permanent and total disability. There are no
PSOB benefits payable for partial or short-term disabilities. A disabilityPSOB benefits payable for partial or short-term disabilities. A disability
is considered permanent is considered permanent
for the purposes of PSOB eligibilityfor the purposes of PSOB eligibility
if, given the current state of medicine in the United States, if, given the current state of medicine in the United States,
there is a degree of medical certainty that the condition there is a degree of medical certainty that the condition
will wil remain constant or deteriorate over remain constant or deteriorate over
the person’s lifetime or that the public safety officer has reached maximum medical the person’s lifetime or that the public safety officer has reached maximum medical
improvement.improvement.
A public safety officer is considered to be A public safety officer is considered to be
totallytotal y disabled for the purposes of PSOB eligibility disabled for the purposes of PSOB eligibility
if, if given the current state of medicine in the United States, there is a degree of medical certainty that the officer is unable to perform any gainful work. PSOB regulation defines
gainful work as “full- or part-time activity that is compensated or commonly compensated.”30 given the current state of medicine in the United States on the date of the determination of eligibility, the officer is functionally incapable of performing any work at all, including sedentary
35 34 U.S.C. §10284(3). 36 34 U.S.C. §10281(a).
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work. The lack of capability to work may be due to a neurocognitive disorder directly or proximately caused by the officer’s injury.37
When determining if a public safety officer is capable of working, work that results in compensation that is de minimis, nominal, or honorary, or is provided solely as a reimbursement for incidental expenses is to be disregarded, including the following types of work:
Work that involves ordinary or simple tasks that the officer, because of his or her
disability, cannot perform without significantly more supervision, assistance, or accommodation than is normally given to a person doing similar work;
Work that places little or no demands on the officer and that is of little or no
economic value to the employer; and
Work that is primarily performed for therapeutic purposes to assist in the
recovery from the officer’s disability.38
An officer shall be presumed, absent clear and convincing medical evidence to the contrary, to be unable to work if the officer’s injury renders the officer blind, paraplegic, or quadriplegic.39
Application Process
Applications for PSOB death and disability benefits are filed with the PSOB office, which Applications for PSOB death and disability benefits are filed with the PSOB office, which
determines benefit eligibilitydetermines benefit eligibility
and commences benefit payment. Unless extended for good cause, and commences benefit payment. Unless extended for good cause,
application deadlines must be met. Complete benefit applications must be filed no later than application deadlines must be met. Complete benefit applications must be filed no later than
for death benefits:
for death benefits:
three years after the death;
three years after the death;
one year after the determination of the officer’s employing agency to award one year after the determination of the officer’s employing agency to award
or deny death benefits payable by that agency; or
or deny death benefits payable by that agency; or
one year after certification by the officer’s employing agency that the agency
one year after certification by the officer’s employing agency that the agency
is not authorized to pay any death benefits;
is not authorized to pay any death benefits;
4031 and and
for disabilityfor disability
benefits: benefits:
three years after the date of the injury;
three years after the date of the injury;
one year after the determination of the officer’s employing agency to award one year after the determination of the officer’s employing agency to award
or deny workers’ compensation or disability benefits payable by that agency;
or deny workers’ compensation or disability benefits payable by that agency;
or or
one year after certification by the officer’s employing agency that the agency
one year after certification by the officer’s employing agency that the agency
is not authorized to pay any workers’ compensation or disability benefits.
is not authorized to pay any workers’ compensation or disability benefits.
41
DOJ may use investigative tools, including subpoenas, to expedite the processing of a claim and obtain information from third parties, including public agencies. DOJ may not abandon a claim
37 34 U.S.C. §10284(4). The definition of disability for the purposes of PSOB eligibility was significantly amended by Section 3 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61). 38 34 U.S.C. §10284(4)(A). 39 34 U.S.C. §10284(4)(B). 40 28 C.F.R. §32.12. 41 28 C.F.R. §32.22.
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unless it has used investigative tools, including subpoenas, to obtain the information necessary to adjudicate the claim.42
Expedited Benefits in Terrorism Cases
Section 611 of the Uniting and Strengthening America by Providing Appropriate Tools Required 32
A lump-sum interim payment of up to $3,000 may be made if a PSOB death benefit wil
“probably be paid.”33 The interim payment amount reduces the final PSOB payment amount. If
29 34 U.S.C. §10281(a). 30 28 C.F.R. §32.23. 31 28 C.F.R. §32.12. 32 28 C.F.R. §32.22. 33 34 U.S.C. §10281(c). T he amount of the interim payment is not subject to a cost -of-living adjustment.
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the ultimate decision is to deny death benefits, the interim payment must be returned to the federal government, unless this repayment is waived because it would create a hardship for the
beneficiary.
Expedited Benefits in Terrorism Cases
Section 611 of the Uniting and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act; P.L. 107-56) provides for to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act; P.L. 107-56) provides for
expedited payment of PSOB death and disabilityexpedited payment of PSOB death and disability
benefits if the officer’s injury occurred “in benefits if the officer’s injury occurred “in
connection with prevention, investigation, rescue, or recovery efforts related to a terrorist connection with prevention, investigation, rescue, or recovery efforts related to a terrorist
attack.”attack.”
4334 In such cases, PSOB benefits must be paid within 30 days of certification from the In such cases, PSOB benefits must be paid within 30 days of certification from the
officer’s employing agency that the officer’s death or disability was related to terrorism. officer’s employing agency that the officer’s death or disability was related to terrorism.
Public Safety Officers’ Educational Assistance
Program
The Public Safety Officers’ Education Assistance (PSOEA) program provides financial assistance The Public Safety Officers’ Education Assistance (PSOEA) program provides financial assistance
with costs associated with higher education to the spouse or children of a public safety officer with costs associated with higher education to the spouse or children of a public safety officer
who is eligiblewho is eligible
for PSOB death or disability benefits. for PSOB death or disability benefits.
Eligibility
The spouse or child of a public safety officer who is eligible for PSOB death or disability benefits The spouse or child of a public safety officer who is eligible for PSOB death or disability benefits
may be eligiblemay be eligible
for PSOEA benefits. To be eligiblefor PSOEA benefits. To be eligible
for PSOEA benefits, a spouse must have been for PSOEA benefits, a spouse must have been
married to an eligiblemarried to an eligible
public safety officer at the time of the officer’s death or injury. A child is public safety officer at the time of the officer’s death or injury. A child is
eligibleeligible
for PSOEA benefits untilfor PSOEA benefits until
the age of 27. This age limit can be extended by the Attorney the age of 27. This age limit can be extended by the Attorney
General in extraordinary circumstancesGeneral in extraordinary circumstances
, or, pursuant to Section 3 of the Public Safety Officers’
Benefits Improvement Act of 2017 (P.L. 115-36), if there is a delay of more than one year in
approving PSOB or PSOEA benefits.35
In addition, to be eligible or if there is a delay of more than one year in approving PSOB or PSOEA benefits.44 There is no deadline for filing a PSOEA claim, and benefits must be paid retroactively to the date of the public safety officer’s injury.45
In addition, to be eligible for PSOEA benefits, the spouse or child must be enrolled at an eligible for PSOEA benefits, the spouse or child must be enrolled at an eligible
educational institution. For the purposes of PSOEA eligibility,educational institution. For the purposes of PSOEA eligibility,
an eligiblean eligible
education institution is education institution is
one that meets the definition of an “institution of higher education” as provided by Section 102 of one that meets the definition of an “institution of higher education” as provided by Section 102 of
the Higher Education Act of the Higher Education Act of
196546196536 and that is eligible and that is eligible
for federal student aid.for federal student aid.
47 37
Amount of Benefits
PSOEA benefits are payable to the claimant and may be used only to defray costs associated with PSOEA benefits are payable to the claimant and may be used only to defray costs associated with
higher education attendance, including tuition, room, board, book and supplies, and education-higher education attendance, including tuition, room, board, book and supplies, and education-
related fees. The monthly PSOEA benefit amount is equal to the monthly benefit amount payable related fees. The monthly PSOEA benefit amount is equal to the monthly benefit amount payable
42 34 U.S.C. §10288(b). This provision was amended to add the requirement that DOJ issue subpoenas before abandoning a claim by Section 4 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61).
43 34 U.S.C. §10486. 44 34 U.S.C. §10302(c). 45 34 U.S.C. §10306(b). Prior to the enactment of Section 5 of the Protecting America’s First Responders Act (P.L. 117-61), retroactive benefits “may” have been paid but were not required to be paid retroactively.
46 20 U.S.C. §1002. 47 34 U.S.C. under the GI Bil Survivors’ and Dependents’ Educational Assistance (DEA) program, which is administered by the Department of Veterans Affairs (VA) for spouses and dependents of veterans
34 34 U.S.C. §10486. 35 34 U.S.C. §10302(c). 36 20 U.S.C. §1002. 37 34 U.S.C. §10307(3). For additional information on institutional eligibility for federal student aid,§10307(3). For additional information on institutional eligibility for federal student aid,
see CRS see CRS Report Report
R43159, R43159,
Institutional Eligibility for Participation in Title IV Student Financial Aid ProgramsProgram s. .
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under the GI Bill Survivors’ and Dependents’ Educational Assistance (DEA) program, which is administered by the Department of Veterans Affairs (VA) for spouses and dependents of veterans with disabilities with disabilities or who died as a result of service-connected conditions.or who died as a result of service-connected conditions.
4838 The PSOEA benefit The PSOEA benefit
amounts are adjusted amounts are adjusted
annuallyannual y to reflect changes in the cost of living in accordance with changes to reflect changes in the cost of living in accordance with changes
to the GI to the GI
Bill Bil DEA benefit amounts. For DEA benefit amounts. For
FY2022FY2021, the PSOEA monthly benefit for a student , the PSOEA monthly benefit for a student
attending an educational institution full-time is $1,attending an educational institution full-time is $1,
298.49265.39 The PSOEA benefit rates are prorated The PSOEA benefit rates are prorated
for less than full-time attendance. for less than full-time attendance.
Duration of Benefits
The maximum duration of PSOEA benefits for any person is 45 months of full-time education or The maximum duration of PSOEA benefits for any person is 45 months of full-time education or
a proportionate duration of part-time education. A person is ineligiblea proportionate duration of part-time education. A person is ineligible
for PSOEA if he or she is in for PSOEA if he or she is in
default on a federal student loan or is ineligibledefault on a federal student loan or is ineligible
for federal benefits due to a drug trafficking or for federal benefits due to a drug trafficking or
drug possession conviction. In addition, the Attorney General may discontinue PSOEA benefits drug possession conviction. In addition, the Attorney General may discontinue PSOEA benefits
for a student that fails to make satisfactory progress in his or her course of study as defined by for a student that fails to make satisfactory progress in his or her course of study as defined by
Section 484(c) of the Higher Education Act of 1965.Section 484(c) of the Higher Education Act of 1965.
5040
PSOB and PSOEA Appeals Process
A claimant who is dissatisfied with a PSOB disability benefit denial may request a A claimant who is dissatisfied with a PSOB disability benefit denial may request a
reconsideration.reconsideration.
5141 There is no reconsideration offered for denials of PSOB death or PSOEA There is no reconsideration offered for denials of PSOB death or PSOEA
benefits. benefits.
A claimant who is dissatisfied with a PSOB death or disability benefit denial, including a
A claimant who is dissatisfied with a PSOB death or disability benefit denial, including a
disabilitydisability
benefit denial affirmed after reconsideration, or a PSOEA benefit denial may request a benefit denial affirmed after reconsideration, or a PSOEA benefit denial may request a
de novo hearing before a hearing officer assigned by the director of the DOJ PSOB Office.de novo hearing before a hearing officer assigned by the director of the DOJ PSOB Office.
5242 The The
determination of a hearing officer may be appealed to the director of the PSOB Office.determination of a hearing officer may be appealed to the director of the PSOB Office.
5343 The The
director’s determination is considered the final agency determination and is not subject to any director’s determination is considered the final agency determination and is not subject to any
further agency administrative review or appeal. However, provided further agency administrative review or appeal. However, provided
all al administrative appeals administrative appeals
remedies have been exhausted, the PSOB Office director’s determination may be appealed to the remedies have been exhausted, the PSOB Office director’s determination may be appealed to the
United States Court of Appeals for the Federal Circuit.United States Court of Appeals for the Federal Circuit.
54 44
The PSOB statute authorizes the BJA to prescribe the maximum fee that an attorney or other
The PSOB statute authorizes the BJA to prescribe the maximum fee that an attorney or other
representative may charge a claimant for services rendered in connection with a claim, with representative may charge a claimant for services rendered in connection with a claim, with
attorney fees attorney fees
generallygeneral y limited to between 3% and 6% of the total benefit paid, depending on the limited to between 3% and 6% of the total benefit paid, depending on the
48level in the administrative appeals process the claim is approved.45 Program regulation prohibits
stipulated-fee and contingency-fee arrangements for PSOB representation.46
38 For additional information on the GI Bill Survivors’ and Dependents’ Educational Assistance (DEA) program, see For additional information on the GI Bill Survivors’ and Dependents’ Educational Assistance (DEA) program, see
CRSCRS
Report R42785, Report R42785,
Veterans’ Educational Assistance ProgramsProgram s and Benefits: A Primer.
49Prim er.
39 Current and historical GI Bill Current and historical GI Bill
DEA benefit rates are available on the Department of Veterans Affairs (VA) website, DEA benefit rates are available on the Department of Veterans Affairs (VA) website,
at https://www.benefits.va.gov/GIBILL/resources/benefits_resources/rate_tables.asp. at https://www.benefits.va.gov/GIBILL/resources/benefits_resources/rate_tables.asp.
5040 34 U.S.C. 34 U.S.C.
§10305. Section 484(c) of the Higher Education Act of 1965 is codified§10305. Section 484(c) of the Higher Education Act of 1965 is codified
at 20 U.S.C.at 20 U.S.C.
§1091(c). §1091(c).
5141 28 C.F.R. §32.28. 28 C.F.R. §32.28.
5242 28 C.F.R. §§32.41-32.45. 43 28 C.F.R. §§32.51-32.54. 44 34 U.S.C. §10287, and 28 C.F.R. §§32.8 and 32.55. 45 34 U.S.C. §10285(a) and 28 C.F.R. §32.7. 46 28 C.F.R. §32.7(d)(1).
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28 C.F.R. §§32.41-32.45. Pursuant to Section 7 of the Protecting America’s First Responders Act of 2021 (P.L. 117-61), hearing officers shall, if designated by the Attorney General, be understood to be comprised within the meaning of special government employee under Title 18, Section 202, of the U.S. Code.
53 28 C.F.R. §§32.51-32.54. 54 34 U.S.C. §10287, and 28 C.F.R. §§32.8 and 32.55.
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level in the administrative appeals process the claim is approved.55 Program regulation prohibits stipulated-fee and contingency-fee arrangements for PSOB representation.56
Budget and Appropriations
Congress provides funding for PSOB and PSOE benefits and associated administrative expenses Congress provides funding for PSOB and PSOE benefits and associated administrative expenses
in the annual Departments of Commerce and Justice, Science, and Related Agencies in the annual Departments of Commerce and Justice, Science, and Related Agencies
Appropriations Act.Appropriations Act.
5747 Funding for PSOB death benefits and associated administrative expenses is Funding for PSOB death benefits and associated administrative expenses is
considered mandatory spending and Congress appropriates “such sums as may be necessary” for considered mandatory spending and Congress appropriates “such sums as may be necessary” for
the payment of these benefits. Funding for PSOB disability and PSOEA benefits is considered the payment of these benefits. Funding for PSOB disability and PSOEA benefits is considered
discretionary and is subject to specific congressional appropriations. Annual appropriations discretionary and is subject to specific congressional appropriations. Annual appropriations
language grants the Attorney General the authority to transfer from any available appropriations language grants the Attorney General the authority to transfer from any available appropriations
to the DOJ the funds necessary to respond to emergent circumstances that require additional to the DOJ the funds necessary to respond to emergent circumstances that require additional
funding for PSOB disability benefits and PSOEA benefits.funding for PSOB disability benefits and PSOEA benefits.
5848 For FY2021, the DOJ requested For FY2021, the DOJ requested
$141.8 $141.8
millionmil ion and was appropriated $143.8 and was appropriated $143.8
millionmil ion for PSOB and PSOEA for PSOB and PSOEA
benefits and benefits and
associated expenses.49
COVID-19 Issues Public safety officers may be exposed to SARS-CoV-2, the virus that causes Coronavirus Disease 2019 (COVID-19) in the line of duty. If an officer contracts COVID-19 in the line of duty and results in his or her death or permanent and total disability, then that officer would be eligible for PSOB and PSOEA benefits. The PSOB regulations define an injury for the purposes of benefit
eligibility and specifical y include injuries caused by “infectious disease” and “virus.”50
Evidence of Causation Given the nature of COVID-19 transmission, as wel as the lack of definitive information on al possible transmission pathways and the ability of asymptomatic individuals to transfer the virus, it may be difficult for some public safety officers to demonstrate that they contracted COVID-19 through their work rather than through other transmission sources in the home or community. This “line of duty” requirement could make it difficult for these officers to establish PSOB
eligibility. Legislation enacted in the 116th Congress (P.L. 116-157) provides a presumption of
eligibility for PSOB death and disability benefits for officers with COVID-19.
The Safeguarding America’s First Responders Act (P.L. 116-157) The Safeguarding America’s First Responders Act (P.L. 116-157), enacted on August 14, 2020, provides a presumption of PSOB eligibility for public safety officers who have COVID-19 at the
time of death or are disabled due to COVID-19.
47 For additional information on this appropriations legislation, see CRS Report R45702, Overview of FY2020 Appropriations for Com m erce, Justice, Science, and Related Agencies (CJS) .
48 See, for example, T itle II of Division A of the Consolidated Appropriations Act, 2021 P.L. 116-260. 49associated expenses.59
Author Information
Scott D. Szymendera
Analyst in Disability Policy
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.
55 34 U.S.C. §10285(a) and 28 C.F.R. §32.7. 56 28 C.F.R. §32.7(d)(1). 57 For additional information on this appropriations legislation, see CRS Report R45702, Overview of FY2020
Appropriations for Commerce, Justice, Science, and Related Agencies (CJS).
58 See, for example, Title II of Division A of the Consolidated Appropriations Act, 2021 (P.L. 116-260). 59 DOJ, DOJ,
FY2021 Performance Budget: Office of Justice Programs, March 2020, p. 60, https://www.justice.gov/doj/, March 2020, p. 60, https://www.justice.gov/doj/
page/file/1246736/download; and page/file/1246736/download; and
TitleT itle II of Division A of the Consolidated Appropriations Act, 2021 II of Division A of the Consolidated Appropriations Act, 2021
(P.L. 116-260P.L. 116-260
).
Congressional Research Service
R45327 · VERSION 10. 50 28 C.F.R. §32.3.
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Presumption of Eligibility for Death Benefits
For PSOB death benefits, the death of an officer wil be presumed to be directly and proximately caused by COVID-19 and incurred in the line of duty, and thus be compensable, if the following
conditions are met:
no competent medical evidence exists that the officer’s death was directly and
proximately caused by something other than COVID-19;
the officer engaged in a line of duty action or activity between January 1, 2020,
and December 31, 2021;
the officer was diagnosed with COVID-19, or evidence indicates that the officer
had COVID-19, during the 45-day period beginning with the last day of the officer’s duty; and
evidence indicates that the officer had COVID-19 or complications from
COVID-19 at the time of his or her death.
Presumption of Eligibility for Disability Benefits
For PSOB disability benefits, a disability caused by COVID-19 or complications from COVID-19 wil be presumed to have been incurred in the line of duty, and thus be compensable, if the
following conditions are met:
the officer engaged in a line of duty action or activity between January 1, 2020,
and December 31, 2021; and
the officer was diagnosed with COVID-19, or evidence indicates that the officer
had COVID-19, during the 45-day period beginning with the last day of the officer’s duty.
Author Information
Scott D. Szymendera
Analyst in Disability Policy
Acknowledgments
Paul Romero provided assistance with this report.
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PSOB and PSOEA Programs
Disclaimer
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Congressional Research Service
R45327 · VERSION 9 · UPDATED
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