legislative Update

                                             

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:

·         HR 2812 https://www.congress.gov/bill/116th-congress/house-bill/2812?q=%7B%22search%22%3A%5B%22HR2812%22%5D%7D&s=1&r=1

·         S1208 https://www.congress.gov/bill/116th-congress/senate-bill/1208?q=%7B%22search%22%3A%5B%22S1208%22%5D%7D&s=2&r=1

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)

·         Members: https://judiciary.house.gov/subcommittees/crime-terrorism-homeland-security-and-investigations-116th-congress

·         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)

·         Members: https://judiciary.house.gov/subcommittees/crime-terrorism-homeland-security-and-investigations-116th-congress

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. 10^th 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.

Contact House Judiciary Committee: https://judiciary.house.gov/contact

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:

HR 2560  https://www.congress.gov/bill/116th-congress/house-bill/2560/actions?q=%7B%22search%22%3A%5B%22HR2560%22%5D%7D&r=1&s=5

S 1278  https://www.congress.gov/bill/116th-congress/senate-bill/1278?q=%7B%22search%22%3A%5B%22S1278%22%5D%7D&s=6&r=1

Committee Assigned:

            Senate: Finance https://www.finance.senate.gov/about/membership

            House: Ways and Means https://waysandmeans.house.gov/about/committee-members

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:

S521 https://www.congress.gov/bill/116th-congress/senate-bill/521

HR141 https://www.congress.gov/bill/116th-congress/house-bill/141?q=%7B%22search%22%3A%5B%22hr141%22%5D%7D&s=4&r=1

Committee Assigned:

            Senate: Finance https://www.finance.senate.gov/about/membership

            House: Ways and Means (Subcommittee on Social Security) https://waysandmeans.house.gov/about/committee-members

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)

Quick Summary: “The bill would restore grant funding for law enforcement family-support services. The bill also allows grant recipients to use funds to establish suicide-prevention programs and mental health services for law enforcement officers.” Sen Hawley https://www.hawley.senate.gov/senator-hawley-introduces-legislation-support-law-enforcement-community-prevent-officer-suicides 

Link on congress.gov:

          S998  https://www.congress.gov/bill/116th-congress/senate-bill/998?q=%7B%22search%22%3A%5B%22S998%22%5D%7D&s=2&r=1

HR2368  https://www.congress.gov/bill/116th-congress/house-bill/2368/all-actions?q=%7B%22search%22%3A%5B%22hr2368%22%5D%7D&r=1&overview=closed#tabs

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)

·         Members: https://judiciary.house.gov/subcommittees/crime-terrorism-homeland-security-and-investigations-116th-congress

·         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)

·         Members: https://judiciary.house.gov/subcommittees/crime-terrorism-homeland-security-and-investigations-116th-congress

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)