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)

 

Survivors

Survivors... depending on the crowd, survivor can mean anything from someone who has made it through cancer treatment to being the last one standing after a stint of 'roughing it' in the woods. Generally, the term means someone who has experienced severe (life altering) challenges, beaten the odds, and come out on the other side.

When I hear survivor in the context of law enforcement, there are of course the families of the fallen... coined survivors because they have dealt with great loss. Those who have to figure out how to live with a huge hole in their lives. My heart breaks for them and I cannot know the pain of their loss.

Yet... my heart goes to the forgotten... those heroes who have been critically injured serving and protecting our communities. Those whose lives have forever been changed, disrupted, all but taken from them... those who get up every day to face challenges, pain and loss... those who have had everything they knew about life ripped away overnight... those who keep fighting, even when it seems like the whole world is against them... those who feel broken and discarded when they can no longer do the job they were called to do, because of that job... those who are here, but they're not... those who have families who are not allowed to grieve their huge loss, because they survived. These are my HEROES. These are the men and women who have learned first hand that simply surviving is not living. These are SURVIVORS. These, and their families, are who I am honored to serve, honored to know, humbled to call family.

These are the survivors I fight for from the depth os my heart. These are family.

#TheWoundedBlue #H2LOC #Survivors #HeroesAllAroundUs

Get in the game, but first show up at practice

Marriage is tough. Relationships between people are subject to imperfection because people are imperfect. There are more forces trying to tear marriages and families apart in our culture than ever before.

Ladd and I celebrated our 31st anniversary in March. This month it has been 15 years since the traffic stop that rocked our world. We've been down this rollercoaster and have hung on for dear life. We have not done so without battles or scars, but can honestly say that now our marriage is better and stronger than ever before. If I could give a couple of pieces of advice....

First, law enforcement life puts a strain on relationships to begin with. Of course there’s the odd schedules with hold overs and call outs, particularly on holidays, birthdays and first dates. And it is well known that there’s an ever present danger cloud hovering. Perhaps more subtle strains come from some of the very things that draw law enforcement couples together in the first place. LEO'S are take charge sort of folks...they have to be. LEO spouses are independent sorts... they have to be. It takes a lot for these 2 types to be vulnerable. When a family is rocked and one is forced to become vulnerable due to injury or illness, that person often lashes out at the only one he/she feels "safe" to be vulnerable with. When much is ripped away, the hurt and anger come out, and resentment can settle in... and it's easiest to focus that on the one you feel safe to be vulnerable with. "Easiest" is relative, those lash outs still damage, hurt, leave scars and require much grace, love and forgiveness.

Second, Injury does not just effect the injured. Everyone in the family is effected, and changed. Recovery and finding the new normal isn't a solo sport, it's a team effort. You may need to back up and start over in a lot of ways. Step back and realize/remember... you are not each other's enemies. You are on the same team, but you can't just show up at the game and expect to play... let alone win. Winning teams are committed to show up at practice, do the drills, and work through the tough stuff.
My sport is basketball, and I've never known anyone who wants to play with a ball hog... and ball hogs rarely realize they are part of the problem working against the team. 
My advice... go back to fundamentals.
Start with dating again... get to know the "new" people you are. Be intentional. Relationships are not about keeping score between team members. They are about each member giving it their best effort. Sometimes we loose. Sometimes we have a slump. Winning teams are made up of members that make their teammates shine.

Just some reflection after pondering the fact that there is a lot of hurt out there, and hoping to offer a bit of encouragement. 

Get in the game, but first, show up at practice!

"Believe it or not, the hospital part is going to be the easy part"

I've written on this topic before, but feel lead to do so again. Forgive the redundancy, I suppose the weight of this topic could be simply because when we walk through life changing trauma, illness or tragedy each moment can feel like an unbearable load that we simply want to get through or past. Yet, with many of these situations, the struggle is ongoing and the changes permanent. Like when running a marathon, we need to do more than just get through it. We need to savor the sparks of light, actively seek each positive as if it were bonus points or extra fuel in a video game. With this in mind, I hope that you find encouragement today!

On the night of my husband's career ending car stop almost 13 years ago, a very dear friend and pastor told me this... "Believe it or not, the hospital part is going to be the easy part." As Ladd underwent surgery to repair numerous internal injuries, including a transected aorta, a ruptured diaphragm and collapsed lungs, I found these words to be surreal. Thirteen years later, no more true words have been said. 
Life after the hospital... when the support dwindles and the reality sinks in... when bills come due and personality changes are evident... when life hits full force and just keeps coming... that is the really hard part. That is the part that takes pulling yourself up by the bootstraps when you would rather curl up in a ball and just give up or run as fast as you can in the opposite direction. That is the part that takes everything you have in you... and then some. Many of you know this all too well, or know someone who is currently walking this path. We each have different struggles and trials, and the reality is that some days are very hard to see as a gift. Yet, we push on. Tonight I challenge each of you to something our family deemed "thankfulness" In good times and bad, when things seemed their darkest, every evening as we sat down for dinner, we went around the table and each member of the family told something they were thankful for. Sometimes that's been hard. Sometimes it was something little like "band aids" (we started this when our son was 6 and he's always been one to get a ding here and there), or "no peas for dinner." Other times it was for big things like getting to stand for a few minutes or take a few steps out of the wheel chair, or being together again after an out of state hospital stay. The point is, by focusing on the blessings, no matter how small some may seem, we were able to pull out of those dark times and move forward into the light. This focus shift would not have been possible without much prayer and without also focusing on God's promise, for His light is able to shine abundantly in the darkest of times.
In just over a week Ladd and I will celebrate our 28th anniversary. In a couple of months, our little boy will graduate from high school. Ladd has walked our little girl down the isle, and we have held our grand babies close. We have cried and we have laughed, but we have done it together.
Our family is closer, our bond is tighter, and our love is deeper because we have shared our hopes, our dreams, our sorrows and our thankfulness. I pray the same for your families tonight and in the days to come. Tonight, I am thankful for all those that are in our lives. Our paths have crossed for a reason, and I am blessed.
God bless you all. 
Goodnight.

Tribute to My Husband

Tribute to my husband... Police Week 2012

I think that maybe today's the day of Police Week to honor my best friend, Ladd Paulson. I've been waiting for the right day, and a friend posted pictures of plaques with his name on them... Medal of Honor, which I knew he had received, and Law Enforcement Purple Heart, which I didn't know existed (neither did he). Another friend posted a tribute to injured officers that brought a tear to my eyes... so, today, the day after Law Enforcement Memorial Day, I post this to honor my favorite disabled police officer. What I see him go through every day, the pain that he continues to push through, his desire to continue to serve people... he amazes me. We met in high school, married when he was a Marine, and moved from military life to police life. We talked more on the phone our first year of marriage than in person, but military life prepared us for police life. In my mind I always knew the risks he took, but in my heart I was confident that he never left our home alone. God has taken care of him, of us, through so much, and we're trusting Him to carry us through the hard days to come. Thank you Ladd, for the man that you are. I love you.