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The Public Safety Officers’ Benefits (PSOB) Act Death benefits paid to survivors in case of a Line of Duty Death or disabling incident; financial assistance for the higher education of the spouses and children of public safety officers permanently disabled or killed in the line of duty.
The PSOB Act was designed to offer peace of mind to men and women seeking careers in public safety and to make a strong statement about the value American society places on the contributions of those who serve their communities in potentially dangerous circumstances. The resultant PSOB Program, which is administered by the Bureau of Justice Assistance (BJA), presents a unique opportunity for the U.S. Department of Justice; federal, state, and local public safety agencies; and national public safety organizations to become involved in promoting the protection of public safety officers before tragedies occur. Each year, the PSOB Program receives substantial information about line-of-duty deaths and encourages public safety agencies to adopt model policies that can help guide an agency through the tragic event of a line-of-duty death. PSOB Program Benefits The PSOB Program provides a one-time financial benefit to the eligible survivors of public safety officers whose deaths are the direct and proximate result of a traumatic injury sustained in the line of duty. The benefit was increased from $50,000 to $100,000 for deaths occurring on or after June 1, 1988. Since October 15, 1988, the benefit has been adjusted each year on October 1 to reflect the percentage of change in the Consumer Price Index. The PSOB Program provides the same benefit to public safety officers who have been permanently and totally disabled by a catastrophic personal injury sustained in the line of duty if that injury permanently prevents the officer from performing any gainful work. Medical retirement, workman’s compensation, or social security benefits for a line-of-duty disability do not, in and of themselves, establish eligibility for PSOB benefits. The PSOB Program also includes the Public Safety Officers’ Educational Assistance (PSOEA) Act. This Act expands upon the former Federal Law Enforcement Dependents Assistance Program to provide financial assistance for the higher education of the spouses and children of federal, state, and local public safety officers permanently disabled or killed in the line of duty. The educational assistance may be used to defray relevant expenses, including tuition, room and board, books, supplies, and education-related fees. Please see the separate PSOEA Program Fact Sheet for further information. Since 1977, on average, the PSOB Program has received 275 benefit claims each year for line-of-duty deaths of public safety officers. PSOB Program staff respond rapidly and with sensitivity to requests for assistance from claimants and public safety agencies. They also provide moral support and, when necessary, referrals to organizations such as Concerns of Police Survivors (COPS) and the National Fallen Firefighters Foundation (NFFF), which can provide long-term support for surviving family members and coworkers of deceased public safety officers. PSOB Program Death Benefits
Disability Benefits Federal, state, and local law enforcement officers, firefighters, and members of public rescue squads and ambulance crews are covered for catastrophic personal injuries sustained on or after November 29, 1990. FEMA personnel and state, local, and tribal emergency management and civil defense agency employees are covered for such injuries sustained on or after October 30, 2000. The public safety officer must be separated from his or her employing agency for medical reasons, and must be receiving the maximum allowable disability compensation from his or her jurisdiction, in order to initiate a claim for PSOB disability benefits. Eligible officers may include persons who are comatose, in a persistent vegetative state, or quadriplegic. Public Safety Officers Eligible for PSOB Program Benefits Under the PSOB Program, a public safety officer is a person serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, firefighter, or member of a public rescue squad or ambulance crew. Law enforcement officers include, but are not limited to, police, corrections, probation, parole, and judicial officers. Volunteer firefighters and members of volunteer rescue squads and ambulance crews are covered under the program if they are officially recognized or designated members of legally organized volunteer fire departments, rescue squads, or ambulance crews. Editor’s note: a person employed as a member of a private rescue squad currently is not covered. In October 2000, Public Law 106–390 (Sec. 305) designated FEMA employees as public safety officers under the PSOB Act if they are performing official, hazardous duties related to a declared major disaster or emergency. The legislation also indicates that state, local, and tribal emergency management or civil defense agency employees working in cooperation with FEMA are, under the same circumstances, considered public safety officers under the PSOB Act. A public agency is defined as the United States; any U.S. state; the District of Columbia; the Commonwealth of Puerto Rico; any U.S. territory or possession; any unit of local government; any combination of such states or units; and any department, agency, or instrumentality of the foregoing. To be eligible for benefits, a public safety officer’s death or total and permanent disability must result from injuries sustained in the line of duty. Line of duty is defined in the PSOB regulations (28 C.F.R. 32) as any action that the public safety officer whose primary function is crime control or reduction, enforcement of the criminal law, or suppression of fires is authorized or obligated by law, rule, regulation, or condition of employment or service to perform. Other public safety officers—whose primary function is not law enforcement or fire suppression—must be engaged in their authorized law enforcement, fire suppression, rescue squad, or ambulance duties when a fatal or disabling injury is sustained. Survivors Eligible for Program Death Benefits Once BJA approves a claim for death benefits, the benefit will be paid to eligible survivors in a lump sum, as follows:
Under the PSOB Act, a child is defined as any natural child who was born before or after the death of the public safety officer, or who is an adopted child or stepchild of the deceased public safety officer. At the time of death, the child must be 18 years of age or younger; or 19 through 22 years of age and pursuing a full-time course of study or training, if the child has not already completed 4 years of education beyond high school; or 19 years or older and incapable of self-support due to a physical or mental disability. For PSOB Program benefits to be paid, a public safety officer must be survived by an eligible survivor; public safety officers cannot predesignate their beneficiaries. Limitations and Exclusions No PSOB Program benefit can be paid:
PSOB benefits do not cover death or permanent and total disability resulting from stress; strain; occupational illness; or a chronic, progressive, or congenital disease (such as heart or pulmonary disease leading to a heart attack), unless there is a traumatic injury that is a substantial contributing factor in the death or permanent and total disability. Medical proof of the traumatic injury (such as a blood test for carbon monoxide poisoning) may be necessary for coverage in these cases. Reduction of Benefits The PSOB Program benefit is reduced by certain payments made under the District of Columbia Code and may itself reduce benefits under Section 8191 of the federal Employees’ Compensation Act. However, state and local benefits must not be reduced by benefits received under the PSOB Act, and the PSOB benefit is not reduced by any benefit received at the state or local level. Interim Payment If BJA determines an urgent claimant need before the final action of paying a death benefit, an interim benefit payment not exceeding $3,000 may be made to the eligible survivor(s) if it is probable that the death is compensable. Attachment and Tax Exemption PSOB death and disability benefits are not subject to execution or attachment by creditors. The Internal Revenue Service (IRS) has ruled that the benefit is not subject to federal income tax (IRS Ruling No. 77–235, IRS 1977–28) or to federal estate tax (IRS Ruling No. 79–397). Attorneys’ Fees The PSOB Act authorizes BJA to establish the maximum fee that may be charged for services rendered to the claimant by another party in connection with any PSOB claim filed with BJA. Contracts for a stipulated fee and contingent fee arrangements are prohibited by PSOB regulations (28 C.F.R. 32.22(b)). BJA assumes no responsibility for payment of claimant attorney fees (28 C.F.R. 32.22(d)). Filing a Claim Eligible survivors or disability claimants may file claims directly with BJA or through the public safety agency, organization, or unit in which the public safety officer served. In most cases, the public safety agency provides BJA with sufficient information to determine whether the circumstances of the death or permanent and total disability support a benefit payment. The public safety agency prepares a Report of Public Safety Officer’s Death or Permanent and Total Disability Claim Form to accompany the claim for death benefits completed by the eligible survivor(s) or, in the case of disability claims, the prerequisite disability certification package completed by the injured officer. BJA will determine whether and to whom a benefit should be paid. For Further Information For more information about the Public Safety Officers' Benefits Program or to share your observations and recommendations, please contact: https://bja.ojp.gov/program/psob Bureau of Justice Assistance, Public Safety Officers’ Benefits Program 810 Seventh Street NW. Washington, DC 20531 202–307–0635 1–888–744–6513 Fax: 202–616–0314
November 18, 2022
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The Public Safety Officers’ Benefits (PSOB) Act (42 U.S.C. 3796, et seq.) was enacted in 1976 to assist in the recruitment and retention of law enforcement officers and firefighters. Specifically, Congress was concerned that the hazards inherent in law enforcement and fire suppression and the low level of state and local death benefits might discourage qualified individuals from seeking careers in these fields, thus hampering the ability of communities to provide for public safety.Annual Conference Sponsors
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