Legislative Update – November 20, 2019
We're not giving up on the 116th Congress yet. There is work that needs to be done, including several bills that will have significant impact for line of duty disabled first responders across the country. I've decided to add this status update to my blog site to make it easy for people to share. Please share. Please write, call and/or email your members of congress. Our disabled first responders need your support. We have more work to do in 2020 and would love to spend time introducing more/new legislation rather than re-introducing these same bills and starting the climb back up the hill with the same load.
Thank you!
Bill Status Update:
(To track these, and other, bills on your own, register for an account on Congress.gov, then search by
bill number, see bill language, action taken, sponsors and co-sponsors. Check
your members of congress to see where they stand. Click to receive email
updates on status.)
S1208/HR2812 –
PAFRA (Putting America’s First Responders First Act)
Original Sponsors: Senator Grassley
(IA-R) and Senator Gillibrand (NY-D)
Representative
Pascrell (NJ-D)
Summary: PSOB Reform,
particularly with regard to line of duty disability benefits. The following
summary is provided by Senator Grassley’s Office.
Protecting
America’s First Responders Act
Section by Section
Section 1. SHORT TITLE This bill can be cited as the Protecting
America’s First Responders Act of 2019.
SECTION 2. PAYMENT OF DISABILITY
BENEFITS UNDER THE PUBLIC SAFETY OFFICERS’ DEATH BENEFITS PROGRAM.
PSOB awards are issued as a statutorily specified one-time
lump sum payment that automatically adjusts every year based on the consumer
price index. The amount the claimant
receives is based on the date of death or injury. This section provides that for both death and
disability payments, the award amount the claimant receives shall be based on
the date of the agency determination and not the date of death or injury.
PSOB provides interim payments for death claims if the
claimant is likely to receive an award.
This section increases the size of interim payments from $3,000 to
$6,000 and ties it to the consumer price index so that Congress does not have
to readjust it again in the future.
SECTION 3. DEFINITIONS FOR THE
PURPOSES OF THE PUBLIC SAFETY OFFICERS’ DEATH BENEFITS PROGRAM.
Currently, if you are capable of performing any activity that is actually or commonly
compensated then you are not considered disabled. This section defines disability more in line
with the definition used by the Social Security Administration.
SECTION 4. RETROACTIVE APPLICABILITY.
Provides retroactivity to all those previously adjudicated
under Section 2 and Section 3 above, as long as they reapply within the next 3
years, and qualify for benefits under the new terms.
SECTION 5. DUE DILIGENCE IN PAYING BENEFIT
CLAIMS UNDER THE PUBLIC SAFETY OFFICERS’ DEATH BENEFITS PROGRAM.
The average PSOB claim takes over a year to resolve, with delays
often caused by third party agencies refusing to provide documentation. Currently, DOJ only has the authority to
issue subpoenas for that documentation as a last resort. This section allows DOJ to issue
subpoenas earlier in the claims process to expedite the processing of claims.
SECTION 6. EDUCATIONAL ASSISTANCE TO
DEPENDENTS OF PUBLIC SAFETY OFFICERS KILLED OR DISABLED IN THE LINE OF DUTY.
PSOB provides educational benefits to children of public
safety officers killed or disabled in the line of duty. However, due to long processing times, many
children lose this opportunity and end up paying for college themselves. The Attorney General has the option of providing back pay to individuals
who paid for their own schooling. This
section mandates that the Attorney General must provide back pay to the
children of dead or disabled officers who qualify.
Link on
congress.gov:
Status/Committee
Assigned:
·
Senate – Passed Unanimously during Police Week, May 2019
·
House – Judiciary Committee
·
Chair: Rep. Jerry Nadler (NY-D)
·
Vice Chair: Rep Mary Gay Scanlon
(PA-D)
·
Ranking Member: Doug Collins (GA-R)
·
Subcommittee: Crime, Terrorism and Homeland Security
·
Chair: Rep Karen Bass (CA-D)
·
Vice Chair: Rep Val Butler Demings (FL-D)
·
Ranking Member: John Ratcliffe (TX-R)
Current
Co-Sponsors:
·
39 cosponsors on HR 2812 (30 D, 9 R)
·
15 cosponsors on S 1208
Call to Action:
We’ve picked up 17
cosponsors since July, but the House needs to hear from constituants that we
need them to pass legislation that matters, especially legislation that recognizes
and assists line of duty disabled first responders. New York residents (esp. 10th
district residents), please contact Chairman Nadler’s office ASAP… even if you
have already done so. Call, write and/or make an appointment to go into his
local office regarding this legislation. https://nadler.house.gov/contact/
Residents from other states, please call or email your Representatives, even if
you already have. They can always use a reminder. Check the list of
co-sponsors. If your representative is already a co-sponsor, thank them. If
not, ask them to please sign on as a co-sponsor. We have bi-partisan support.
This passed the Senate unanomously. There is no political gaming here, just
doing the right thing.
S1278/HR2560 – Putting First Responders First
Original Sponsors: Senator Steve Daines (MT-R)
Representative
Ralph Norman (SC-R)
Quick Summary: Extends the federal withholding tax exempt status for
line of duty disability pensions for the life of the permanently disabled first
responder (currently, tax status of disability pensions reverts from exempt to
taxable when the injured first responder reaches ‘retirement age.’ Current
language is tenuous as to what that age actually is.)
Link on congress.gov:
Committee Assigned:
Current
Co-Sponsors:
·
13 cosponsors on HR 2560 (6 D, 7 R)
·
3 cosponsors on S 1278
Call to Action:
Please call, write
and meet with your Senators and Representatives. While our hope was for this bill
to be passed as stand-alone legislation as a correction regarding a loophole
that surpasses the original intent of current legislation, I have asked Rep
Norman and Sen Daines offices to see what can be done to add this to the
President’s tax reform for middle class legislation that I’ve heard rumors
about. The urgency for this legislation has ramped up with new information
learned about the current tax status of line of duty disability pensions. Apparently there is interpretation of the
current IRS revenue rulings on tax status of line of duty disability pensions
as it relates to "retirement age"
We have been going under the premise that retirement age followed the
FICA retirement age, currently 65, which at least made a definitive line
for disabled first responders to know where they stand. Apparently, there is
argument that "retirement age" means the age at which the injured
could have retired under their department policy... the policy they were hired
under. This interpretation means that the magic age at which disability
pensions become taxable varies from state to state, department to department,
and even within the same department as hiring terms fluctuate over time. This
interpretation boils down to a situation where nobody really knows when their
line of duty disability is exempt and when it is taxable, particularly the IRS,
and brings new urgency to passing this legislation to make line of duty
disability pensions exempt from federal withholding for the life of the
disabled party.
Without passage, disabled first responders who have already taken a significant
hit to their income face losing another (roughly) 15-20% of their
disability pensions to the federal government. Our representatives NEED to hear
from all of us. In addition to individuals, they need to hear from your
associations, departments, and unions… LE, fire and EMS.
H.R. 141/S. 521,
the "Social Security Fairness Act"
Original Sponsors: Senator Sherrod
Brown (OH-D), Senator Susan Collins (ME-R), Senator Tammy Baldwin (WI-D) and
Senator Lisa Murkowski (AK-R)
Representative Rodney Davis (IL-R)
Quick Summary: This bill would “repeal the
Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO)
from the Social Security Act. Both of the statutes significantly reduce
benefits for nearly three million Americans… (including) …teachers, police
officers and state, county and local government workers.” https://www.brown.senate.gov/newsroom/press/release/brown-collins-baldwin-and-murkowski-introduce-bipartisan-bill-to-support-police-officers-teachers-
In the case of police officers permanently disabled in the line
of duty, if they do qualify for SSDI, their SSDI benefit may be reduced by
40-60% of full SSDI benefits because of the Windfall Elimination Provision.
This applies when their agency has opted out of Social Security, even if the
officer has worked in other capacities subject to Social Security, and even if
they have worked more time in these other capacities (up to 30 years) than for
the law enforcement agency that opted out.
Link on congress.gov:
Committee Assigned:
Current
Co-Sponsors:
·
35 cosponsors on S 521 (29 D, 4 R, 2 I)
·
224 cosponsors on HR 141 (170 D, 54 R)
Call to Action:
As you can see from
the cosponsor count, there is a lot of support for this legislation. We’ve
picked up 5 in the Senate and 34 in the House since July. Please call, write
and make appointments with your Senators and Representatives regarding this
bill.
HR2368/S998 – Supporting Treating Officers in Crisis
Original Sponsors: Senator Josh Hawley (MO – R)
Representative Guy Reschenthaler (PA-R)
Link on congress.gov:
Status/Committee Assigned:
· Senate – PASSED Unanimously during Police Week
· House – Judiciary Committee PASSED
· President – SIGNED Public Law No: 116-32 (07/26/2019)
·
Referred to Mark-Up and Ordered Voice Vote
· Chair: Rep. Jerry Nadler (NY-D)
· Vice Chair: Rep Mary Gay Scanlon (PA-D)
· Ranking Member: Doug Collins (GA-R)
· Subcommittee: Crime, Terrorism and Homeland Security
· Chair: Rep Karen Bass (CA-D)
· Vice Chair: Rep Val Butler Demings (FL-D)
· Ranking Member: John Ratcliffe (TX-R)
Current Co-Sponsors:
· 11 cosponsors on HR 2368
· 21 cosponsors on S 998
Call to Action:
Please call, write and thank your Senators and Representatives.
Issues Working Towards Bill
Language
Health Insurance for Catastrophically Injured First Responders
Disability Insurance Accessibility for First Responders
State Legislation
We are working on a database of state level legislation
benefiting critically injured law enforcement officers. Whether regarding
property tax relief, higher education benefits, work comp or pension benefits,
or other issues, we want to hear from you. If you have bill language for any
state legislation that has been passed into law, we want to add this language
to our library. This library, once compiled will be a huge asset to those championing
similar issues in their states. Send bill language and contact information to
heidipaulson@thewoundedblue.org.
Subject: State LE Legislation – (your state)
