N002142
Sunday, January 20, 2002 9:10 PM
Comment on Interim Rule
January 20, 2002
Dear Special Master Feinberg:
It was a pleasure meeting with you Wednesday at the East Brunswick Hilton, NJ. After reading the "Interim Final Regulation" for the Victim Compensation Fund, I had many serious concerns. You allayed many of our fears with verbal assurances. Now, I would like your comments written in the "Final Regulations" which are due to be published shortly. The only thing that I want, my loving husband and wonderful father of our three young children, I cannot have. All that I am asking for is fair compensation. This was specified by Congress, as a part of the airline bailout legislation, which took away our rights for "normal" recourse allowed for under the law in wrongful death situations. Our families have suffered immeasurable damage from the most horrific acts of terrorism in our history. Congress sought to protect this nation (and it's coffers) from the deleterious effects of the litigation that would have ensued. The country would have been plunged into recession. Do not place the extra burden of this bailout on the families of the victims and their insurance companies. Grant us the financial security that we are owed. This needs to be a palatable settlement or many families will be destroyed.
My understanding of Wednesday's meeting is as follows:
1) There are no caps on the economic loss award. That is, the following statement will be voided out from the final rule, "For those victims whose salary exceeded the top 2 percent of wage earners (as defined by the IRS for the year 2000), the Special Master will compute the presumed award based on an average income equal to the minimum amount earned by the top 2 percent of wage earners.
2) Income for 2001 will be included in the economic loss award. Full year can be extrapolated accordingly.
3) Workers compensation and social security will not be used as collateral offsets because of the uncertainty of the cash flows. Pensions that vested early because of employee contributions will also not be used as offsets.
4) The term "extraordinary circumstances" will be taken out of the "Final Regulations" when referring to circumstances under which you can request a hearing.
5) The paltry figure offered for non-economic damages does not reflect the directive in the legislation. This needs to be remedied; it is an insult to the lost lives and will cause many not to opt into the Fund. Comparable data suggests that non-economic award should be raised to $2-5 million.
Thanks you for your kind attention to these matters.
Respectfully,
Individual Comment
Bridgewater, NJ