N002312
Tuesday, January 22, 2002 5:22 PM
claims
My name is and write regarding the proposed interim rules concerning the September 11 Victim Compensation Fund of 2001. I, along with the wife and sister of a victim of September 11 attended a meeting with Kenneth R. Feinberg, Special Master to discuss the proposed rules. Based on that meeting and review of the proposed rules along with concerns voiced by other families of the victims, I have the following comments:
1. There should be no cap on the amount awarded to victims? families. During the meeting with Mr. Feinberg, it was clear that "extraordinary circumstances," as defined under the rules should be interpreted to mean extraordinary economic circumstances and that a person earning in excess of the top compensation listed on the proposed charts of potential awards i.e., more than $231,000 a year would not be capped at an artificial amount of $231,000 per year. The actual amount of the award would take into account the actual amount that the victim was earning on an annual basis and extrapolate that out based on all relevant factors such as life expectancy, number of dependants and other standards typically used in determining a compensatory amount under New York law.
2. There should be no offset for individuals who sacrificed for their families and purchased life insurance. An offset for individuals who purchased life insurance would penalize victims? families who sacrificed for their families? future. This would also result in rewarding victims? families who did not sacrifice and pay premiums in order to safeguard their families? futures.
3. The $350,000 pain and suffering cap should be revised upwards or eliminated.
4. During the meeting with Mr. Feinberg, he expressed that any award would be reduced by what he termed "consumption factors". It was unclear as to what is meant by "consumption factors" and how this would constitute an offset for an award. Obviously, if someone was making more money then it usually follows that they spend more money. However, the spending of money earned should not be an offset against what a person may be entitled to. I would appreciate receiving some response as to what is meant by consumption factors and how these factors may be determined to offset any compensation paid to victims? families.
5. In the proposed rules, it is clear that state law would apply. Under New York law, neither life insurance nor consumption factors reduce compensatory awards. Accordingly, I propose that no such reduction be made in the present case.
6. Mr. Feinberg made it clear at the meeting that awards to victims? families would be made available publicly. However, it is unclear in what form these awards would be made publicly. I suggest that a website be established where awards be published on a timely basis i.e., the day or day after they are awarded. Also suggest that the awards include the facts supporting the award in order that victims? families can review the awards to ensure that all participants are being treated fairly and even handedly.
7. During the meeting, Mr. Feinberg indicated that individuals who provide an employment contract or an affidavit from an employer reflecting evidence of how long a victim would have anticipated on working would be an important element in determining the amount of any compensatory award. I suggest that the rules specifically state that the victims? history including raises and what the victim could reasonably have anticipated on making on an annual basis until retirement age i.e., 65 years old (along with expert testimony or an affidavit) should be sufficient. Many of the victims did not have employment contracts since they worked for brokerage firms which typically do not maintain such contracts. To insist on an employment contract or employer affidavit in order to determine the expected years in which a victim would have worked for his employer would in my view result in an unjust award.
I 8. f an individual participates in the fund claim process, would that individual waive any rights to sue Bin Laden and Al Quada?
9. Finally, we suggest that pensions not be deducted from the compensation award.
Those are my suggested comments concerning the interim rules. Kindly contact the undersigned at or relating to the concerns expressed above.
Thank you for your cooperation and courtesies.
Individual Comment