N001883

Wednesday, January 16, 2002 11:06 AM
Comments for Interim Final Rule

Dear Mr. Feinberg:

As the son of World Trade Center Victim                 , I would like to make my objections to the program very clear. Because of the misrepresentations and media spin, both the purpose of the fund and its potential payout has been incorrectly stated in just about every source.

First, the Airline Bailout Bill was not passed by Congress to provide for the families of the victims. It was created primarily to protect the airlines from litigation. The provision of the bill that includes the fund was included as an incentive for families to accept a settlement and not sue the airlines. Any award that is given to a family is money that the Airline would have had to pay. This is another gift to the Airlines. Nobody would benefit from bankrupt airlines, but to give all this support to the airlines at the expense of the victims' families would be inappropriate and unjust. In short, this money is from the government on behalf of the Airlines. Many have represented the fund as an act of charity to the families. That is not the case. The program should provide the incentive for which it was created. Congress had the right intention; the current formula ignores this intention.

Further, these "awards" will not actually be the amount that is paid to the families. If the deceased victim made any sort of plans for his or her family, he will not receive much at all from this fund. If someone paid life insurance premiums for his entire life, the family will be penalized for his planning. If, instead, someone decided to invest this money rather than buy life insurance, the investment will not be subtracted from any settlement award. The fund discriminates on the basis of their investment choices.

If life insurance and pension benefits were not counted against the settlement, then the fund would actually provide an incentive to avoid the courtroom. The rules should be changed and changed quickly. Right now, those less fortunate may be forced into signing because of financial need. Protecting the transportation system is necessary, but not at the expense of the families of the victims. If this tragedy had involved three people instead of 300, then each family would be looking at settlements from the airlines' insurance companies. Just because this event was of such a large scope, the loss of a loved one is not any easier.

If the rules are not changed, then many people will be encouraged to take this matter to court. If we are trying to avoid lengthy court battles, then make the settlement more equitable.

Sincerely,

Individual Comment
son of victim                 
Charlotte, North Carolina

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