N001615
Tuesday, January 15, 2002 9:29 AM
Comments on the Interim Rules
There are several topics which require review and revision:
1. Minimum Payment - There should be a minimum payment that would go out to all victims' families, regardless of offsets, to encourage more people to participate in the fund.
2. Consistency - All victims families should be treated in a consistent manner. That includes high income victims, who are on the outer part of the chart (that does not include me,by the way). Awards for economic loss, according to your established formulas should be extended out to the victims beyond the $231,000 annual income level.
3. Rolling 3 year income average - As I understand it, the income chart is based on the 3 year average of 1998, 1999, and 2000. This is wrong. It should be for 1999, 2000, and annualized 2001. That is more current information to use. My daughter, who was in WTC tower #1, had just changed jobs in March and started at at a 1/3 higher base salary than her previous job. That must be included in consideration for economic loss. She lost her future income starting at that base, not on the smaller base that she earned the previous years. It would unfairly penalize us and ignore the true economic loss.
4. Partnership voluntary distributions - Programs such as commitment to voluntarily contribute 25% of profits to the families of the victims from their company, should not be used as offsets to the award.
5. Non-economic loss - The $250,000 figure used across-the-board, is laughably low. Remember, these awards were meant to be in line with tort awards, to encourage families to participate in the fund, rather than file lawsuits.
In general, it seems as though the original intent to give victims families sufficient compensation and incentive participate in the plan and stay away from costly law suits to insurance companies, airlines and security companies, has been lost in a political morass. Keep your eyes on the original goal and intent of the fund. Economic loss is valid and should be calculated consistently, without regard to what the ultimate figure becomes for a family. Unfortunately, the concept of compensation of victims to avoid lawsuits, has given way to politically oriented "cost control".
Thank you for your consideration.
Individual Comment
Hackensack, NJ