1    The Regulations and Guidance Should Clearly State that Parents Whose Children Were
          Killed
          on September 11th Are Presumed to be Eligible for Distribution of all Compensation Awards. 
          Our grief for our son is as great as that of anyone's and what we ask is that this fact be
          recognized under the law.  Our lives have turned into a living hell and we must receive equal
          compensation for this insurmountable loss and unending pain and suffering that we are
          struggling to endure.

	  New York State law recognizes that parents are to share in the distribution of any damages
          awarded in a wrongful death action.  Under EPTL Section 5-4.4, parents of children without
	  children of their own are specifically named distributes, even if they are not recognized 
	  by the state as beneficiaries of the estate.  The final regulations and guidance to be issued
	  under the September 11th Victim Compensation Fund of 2001 should clearly state the same.
	  To do otherwise will create undo confusion and pain on the part of families who have 
	  already lost far too much.  

	  If the goal of the September 11th Fund is to prevent families from feeling that their only
	  option is to sue, The Fund should clearly provide that other options exist and that compensation
	  to all Family members, not just spouses will result.  Ambiguity and vagueness is not helpful
	  in this case,  but is instead counterproductive for both the families and the government.
	  To neglect to provided the clarity requested here will result in excessive pain and suffering 
	  clearly not envisioned when Congress passed Title IV (Victim Compensation) of the Air
	  Transportation Safety and System Stabilization Act (the"Act").  

	  Finally, the regulations wisely anticipate that disputes among family members may ensue.  As
	  Special Master to the Fund, you have a unique opportunity to minimize the number of such disputes
	  by providing as much clarity as possible up front so there are as few disputes as possible within
	  the families over the law's intent.  This is an incredibly difficult time for the thousand of
	  families effected by the horrific events of September 11th.  We urge you not to add to this 
	  difficulty by creating conflicting opinions over the intent of your own words and actions.

     	  2    To Deduct Life Insurance and Pension Payments From the Compensation Awards is
	       Counter To Public Policy and is Grossly Unfair to Families Whose Loved Ones Took Responsible
	       Steps to Plan For Their Families' Futures

          It is not equitable that insurance and pensions be deducted from the total compensation.  Simply
          because some of the victims had the foresight to provide for their families should not be held
	  against them.  This is why in most civil litigation life insurance is not deducted from damage awards. 
	  Nor should the fact that some had pensions be held against them.  If you want to deduct the pensions
	  that they earned, then the total of the pensions should be included in the gross compensation as part
  	  of their earning power over their expected term of employment.  The liability for wrongful death should
	  be measure by total potential earnings and pain and suffering to both the victims and their families.
	  
	  Should the regulations not be able to be modified due to the language of the Act itself requiring that
	  compensation must be reduced by collateral sources (Section 405 (b)(6), perhaps an alternative would be
	  to reduce the compensation by a percentage of the total amount of the collateral sources. Nothing 
	  in the Act Specifies that the reduction must be dollar for dollar.


          3    The Claim Form Should Include a Provision Requiring Disclosure of, and to, all Living Immediate 
	       Family Members In Order to Ensure a Knowing and Effective Waiver of Suit is made.


	  We are all at a significant disadvantage in that no claim form was provided in the Interim Final Rule to
	  review.  Thus, in the absence of such a draft form, one can only speculate what will be asked of the 
	  personal representative when making a claim.  At minimum, the form should require the personal 
	  representative to disclose the names, addresses, and phone numbers of all living immediate family members.  
	  For the purpose of this regulation, immediate family members should be defined to include spouses,
	  children, parents and siblings.  In addition, the regulations should also require that effective notice
	  of the filing of a claim (within a reasonable period of time) be given to all such relatives giving them 
	  the opportunity to opt in or out.  To do otherwise would unfairly affect other relative's rights to sue by 
	  risking an unknowing waiver of the right to sue.  No one should be bound by the actions of others of which
	  they were not made aware.

    	  4    A clear definition of "dependent" as used in the section "presumed non-economic loss" should be given.

	  At a recent meeting attended y Special Master Feinberg the definition of dependent was given to be not 
	  limited to that used by the Internal Revenue Service, but intended to include the relatives to who support
	  was or was intended to be given by the victims.  In our case this should include the support given to my 
	  wife when she was ill with cancer and the support given to me when I had by-pass surgery. In both cases
	  our son was there with us constantly, being of both physical and emotional help to us. Our daughter recently
	  told us of a conversation that she had with our son, that if we would be in need of long-term care they
	  would both contribute to it.  These are but a few cases of what should be included in the definition of 
	  dependent.  

	  The people of this great country have put in your hands the means that will help us begin to shape our future.
	  We urge you to write the regulations so that this may come about.

	  We appreciate your work on this project and hope you will take our thoughts into consideration. If we can be of 
	  any further assistance, or provide any additional information, please feel free to call us at the following
	  phone number         .