N001888
January 8, 2002
Kenneth L. Zwick, Director
Office of Management Programs
Civil Division
US Dept. of Justice
Main Building- R. 3140
950 Pennsylvania Avenue
Washington, DC 20530
Re: Comments: Victim Compensation Fund
Dear Mr. Zwick,
As parents who tragically lost two sons on September 11th, we would appreciate
the Dept. of Justice to consider our comments in order that we as a family be treated with
honesty and fairness relative to the intent of Congress to compensate the families for the their
loss.
My recommendations are threefold:
1.) Utilize the methodology established but eliminate the cap, i.e. using the 98th
percentile. On December 17th before some 1200 victims' families, the Special
Master indicated with clarity and emphasis that there would be "no cap." A few
days later the Interim Final Rule was issued that
a) clearly indicated a "defacto" cap by adopting a 98 percentile ceiling. This
is totally inappropriate because out of approximately 3000 victims there
will be some 300-400 victims who earned six figures and dozens who
earned a seven figure salary. Note well that while money is being
expended from public funds, these same individuals have been paying
significant income taxes over the years and have been creating jobs
because of their production as well as buying goods and services
providing for additional jobs. A jury in a court of Law would reward the
families substantial awards because of such earning capacity. What is
most disturbing is the Special Master's comments that an award of over
$3,000,000 would be extraordinary. This gives the families an impression
that is a contradiction. Congress had imposed no caps or stated that any
or
all awards would be extraordinary or rare.
2.) Allow the claimants a choice of using 1999-2001 earning period vs. 1998-2000.
This would give those families' loved ones who just started their careers in the
work force a more fair compensation methodology. It is also contemporary and
meaningful to utilize 2001 for both new and experienced employees.
3.) Non-Economic losses should included an award of a minimum of $1,000,000 per
family with additional payments of $100,000 for each dependent or for families
who had multiple losses.
Finally, we endorse all those comments and recommendations that will be proposed by
.
Sincerely,
Individual Comment
Montauk, N.Y.