N001989
Friday, January 18, 2002 12:06 PM
Victim Compensation Fund - Plight of Fiances
As an attorney assisting a fiance of a victim of the tragedy, it has
been frustrating to see the degree to which our legal systems do not give
sufficient recognition to the real emotional and financial losses suffered
by fiances of the victims. I found it useful to review the comments to
these rules submitted by fiances and while I did not do a separate search
for the comments of domestic partners I am sure those comments would be
similar. It is remarkable to see how the plight of the fiances is repeated
in story after story.
It is essential that the Special Master find a way to recognize the
reality of the losses suffered -- the emotional and financial dependency of
fiances is real. Narrow interpretations of the law should not frustrate the
real needs of the living victims. Assuming there is room in the present regulations for a fiance to make
a submission to the Special Master and to seek a share of benefits that is
appropriate to her circumstances, I am concerned that the regulations do not
sufficiently make that clear. If it is not clear, many of the fiances
(especially the unrepresented ones) will simply not avail themselves of the
opportunity to make their claim and tell their story.
Under Section 104.21
(e), it appears that "any third party having an interest in a claim brought
by a Personal Representative may provide written statements or information
regarding the Personal Representative's claim." Further, The Special
Master must approve the Personal Representative's distribution plan and may
override the regulations and state law in order to ensure that the
distribution plan is appropriate (Section 104.52). But the limitation that
the Special Master may direct the Personal Representative to distribute the
award properly among "the victim's spouse, children, or other relatives" is
too restrictive.
Accordingly, the regulations should be amended to make it
clearer that fiances (and others suffering direct harm) may make a
submission and be considered a part of an appropriate distribution plan.
This will advance the objective of the Special Master, as set forth in the
first paragraph of his Statement, that the Act and the regulations "are
designed to bring some measure of financial relief to those most devastated
by the events of September 11."
Individual Comment