N001951

Thursday, January 17, 2002 4:23 PM
Comments to Interim Rules

January 17, 2001

Kenneth L. Zwick
Director, Office of Management Programs
Civil Division
U.S. Department of Justice
Main Building
Room 3140
950 Pennsylvania Avenue, NW
Washington, DC 20530

Re: Comments to the Interim Final Rule

Dear Mr. Zwick

The calculations of the "consumption factor" used in determining the amount of economic losses to be awarded to the families of victims of September 11 need further explanation that I hope the final rules will provide.

The "consumption factor" is an estimate of income that the victim would have personally consumed ordinarily during his or her work life. The consumption factors vary based on household size. Does this mean the victim’s household size at date of death, or the household size that is reasonably foreseeable?

For instance, if the wife of a victim was pregnant at the time of the victim’s death and a child was born eight months later, I assume that this child would be included in the victim’s household size. To do otherwise would not take into consideration the fact that the victim would be spending money on this child that he therefore could not have spent on himself. The fact of the birth of this child lowers the amount that the victim could have personally consumed during his working life. The child must be recognized as being a part of the victim’s household even if he or she was not yet born on September 11. To not recognize that the victim’s future included this child would be unconscionable.

Likewise, if a victim were engaged to be married it would be unfai to not respect the victim’s promise to wed. His future household would include a spouse and his "consumption factor" should reflect the fact that he would be spending money on his spouse and thus lowering the amount that he could have personally consumed during his working life. The fact that a person is engaged to be married can be verified by testimony as well as be evidence of contracts or correspondence with wedding service providers and guest lists and other paperwork that was prepared by the victim prior to death. To assume a victim that was engaged to be married would have a household size of "one" is dishonoring the victim’s clear intent and promise to wed. A victim’s fiancée had her life devastated to an extent that is comparable to a widow with no children and her pain and suffering should be recognized as it would be in a court of law.

Please do the right thing.

Very truly yours,

Individual Comment
Concord, MA

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