N001296

Thursday, January 03, 2002 12:54 PM
Sept 11th Victim Compensation Fund of 2001

Ishpeming, Mi

January 3, 2002

Kenneth L Zwick, Director
Office of Management Programs
Civil Division
U S Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue NW
Washington, D.C. 20530
RE: Comments on the September 11th Victim Compensation Fund of 2001

Dear Mr. Zwick:

I am a retired age 58 citizen/taxpayer and have thefollowing comments (due January 21, 2002) concerning the December 21, 2001 final interim rule and proposed policy stated below relating to the distribution of monies to victims of the September 11th tragedy.

It is our view that, absent extraordinary circumstances, awards in excess of $3 million,tax-free, will rarely be appropriate in light of individual needs and resources.At the same time, we want to ensure that victims' families are receiving atleast a minimum level of resources to help meet their needs and rebuild their lives. Thus, we have concluded that the families of deceased victims should receive a combined total of at least $500,000 from this program, other state and federal programs, life insurance policies and other sources ofcompensation. Similarly, the baseline for single decedents should be $300,000.This ensures that every needy claimant's total compensation from this program and other sources will be at least equal to these threshold amounts.

Forthose victims who died as a result of the September 11 aircraft crashes, the presumed noneconomic losses will be $250,000, plus an additional $50,000 for the spouse and each dependent of the deceased victim. That $250,000 figure is roughly equivalent to the amounts received under existing federal programs by public safety officers who are killed while on duty, or members of our militarywho are killed in the line of duty while serving our nation. See 38U.S.C. § 1967 (military personnel); 42 U.S.C. § 3796 (Public Safety OfficersBenefit Program). The latter figures -- $50,000 for the spouse and each dependent -- include a noneconomic component of & quot; replacement services loss."

Since the government is planning to step in and assume legal liability for victim damages due to the September 11th, terrorist attack why not limit award settlement amounts to more reasonable $ 500,000 (families) and$ 300,000 (individuals) amounts to better utilize taxpayer monies. A settlement of this nature appears to be more than comparable to a customary Term life Insurance benefit available to the average U S Citizen. Also, to that of a member of our armed forces who would receive a maximum term benefit of $ 250,000.

A maximum award for families of $ 500,000 and individuals of$ 300,000 would appear to be more fair and equal and would not consider a victims past employments and future earning potential. Why should any family receive an excessive benefit of $ 3 million at taxpayers expense? An award based upon an individuals future income potential appears excessive and arbitrary and discriminatory in favor of current and temporary high wage individuals.

The governments liability should also be funded as much aspossible by terrorist frozen bank account funds.

Maximum awards to Sept 11th victims not only should be reasonable and fair to all victims but also be comparable to customary private and public awards and benefits available to the average United States Citizen or military enlisted men.

The Average U S Citizen would be more than happy to be covered with a Term Life Insurance benefit of $ 500,000 or $ 300,000. Also, the customary Social Security Death Benefit of $ 255 appears much too low in comparison.

Again, my main comment is that victim awards should be limited to a maximum of $ 300, 000 for individuals and $ 500.000 for families in the name of fiscal responsibility and fairness to all U S Citizens.

Government funds are considered limited and available funds can be more prudently spent on social and health care programs benefiting needy and uninsured U.S. Citizens. Also, the customary Social Security death benefit of $ 255 for all citizens should be increased to at least $ 1000 to cover burial costs for all Americans.

Thank you for your consideration of my comments.

Sincerely,

Individual Comment

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