Enhancing the Security of California s Fallen Firefighter Family Members

Transcription

1 Enhancing the Security of California s Fallen Firefighter Family Members A S u r v i vor Be n e f i t s G u i de

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3 January 2008 Every firefighter who falls in the line of duty leaves behind loved one - a spouse who has lost a soulmate - a child left without a father or mother. Often, these survivors turn for support to the people who have become their extended family the firefighter family. California Professional Firefighters (CPF) is privileged to honor the sacrifice of these heroes with the California Firefighters Memorial. CPF is equally proud of the work being done every day to secure the most important tribute to their memories the security of the loved ones they leave behind. California Professional Firefighters believes it is important to educate, support and advocate on behalf of surviving family members. This brochure details the many benefits survivors are afforded under current law, which, CPF has actively pursued over the years. In addition to what is covered in this brochure, there are survivor benefit proposals making their way through the Legislature. CPF maintains updates on enacted and pending survivor benefits on its web site under the Firefighters Memorial section at As new proposals for additional benefits arise, our web site will allow you to keep current and learn how you can get involved. While we know these efforts cannot relieve the pain of losing a loved one, CPF remains committed to doing everything possible to ease this adjustment and reassure the families of fallen firefighters that they are not alone.

4 Workers Compensation Benefits for Survivors Question: If a firefighter is fatally injured in the course of performing their jobrelated duties, is there a burial benefit? Answer: Yes. Under California s workers compensation system, burial expenses up to $5,000 are paid. Question: Are there any other workers compensation death benefits available to survivors of fallen firefighters? Answer: Yes. Under the workers compensation system, a fallen firefighter s dependent(s) may also be eligible to receive a death benefit that is paid as an allowance in installments, the same way temporary total disability would have been paid to the firefighter as a result of a workers compensation claim. No allowance is made at a weekly rate of less than $224. The total amount of the death benefit may vary as a result of, among other things, the number of dependents a fallen firefighter has and the extent of their dependency. The following chart details the amounts afforded dependents under Labor Code Section 4702, as amended by CPF-supported AB 749 (Calderon), which was signed into law in 2002 by Governor Gray Davis. A partial dependent is someone who is neither totally dependent upon nor totally independent from the family, such as a college student, or a child that works, but lives at home. Two dependents, regardless of the number of partial dependents: (1) $95,000 for injuries occurring before January 1, 1991 (2) $115,000 for injuries occurring on or after January 1, 1991 (3) $135,000 for injuries occurring on or after July 1, 1994 (4) $145,000 for injuries occurring on or after July 1, 1996 (5) $290,000 for injuries occurring on or after January 1, 2006 One total dependent and one or more partial dependents: (1) $70,000 for injuries occurring before January 1, 1991 (2) $95,000 for injuries occurring on or after January 1, 1991 (3) $115,000 for injuries occurring on or after July 1, 1994 (4) $125,000 for injuries occurring on or after July 1, 1996 (5) $250,000 for injuries occurring on or after January 1, 2006 and four times the amount annually devoted to the support of the partial dependents, not to exceed the following: $95,000 for injuries occurring before January 1, 1991; $115,000 for injuries occurring on or after January 1, 1991; $125,000 for injuries occurring on or after July 1, 1994; $145,000 for injuries occurring on or after July 1, 1996 and $290,000 for injuries occurring on or after January 1, 2006 One total dependent and no partial dependents: (1) $70,000 for injuries occurring before January 1, CALIFORNIA PROFESSIONAL FIREFIGHTERS

5 (2) $95,000 for injuries occurring on or after January 1, 1991 (3) $115,000 for injuries occurring on or after July 1, 1994 (4) $125,000 for injuries occurring on or after July 1, 1996 (5) $250,000 for injuries occurring on or after January 1, 2006 No total dependents and one or more partial dependents: (1) Four times the amount annually devoted to the support of the partial dependents, not to exceed $70,000 for injuries occurring before January 1, 1991 (2) $95,000 for injuries occurring on or after January 1, 1991 (3) $115,000 for injuries occurring on or after July 1, 1994 (4) $125,000 for injuries occurring on or after July 1, 1996, but before January 1, 2006 (5) Eight times the amount annually devoted to the support of the partial dependents, not to exceed $250,000 for injuries occurring on or after January 1, 2006 Three or more total dependents, regardless of the number of partial dependents: (1) $150,000 for injuries occurring on or after July 1, 1994 (2) $160,000 for injuries occurring on or after July 1, 1996 (3) $320,000 for injuries occurring on or after January 1, 2006 No total dependents and no partial dependents: (1) $250,000 to the estate of the deceased firefighter Contact: The California Department of Industrial Relations, Division of Workers Compensation: or (415) Question: Is there a time-frame in which an eligible survivor must file a workers compensation death-benefits claim? Answer: Yes. Under current law, if a firefighter dies as a result of job-related asbestosis, his or her survivors may commence workers compensation death benefit proceedings five years from the date on which the asbestosis was diagnosed or up to one year from the date of the fallen firefighter s death, whichever is later. If, however, a firefighter becomes ill and contracts another type of disease, such as tuberculosis or a heart-related disease, or is exposed to cancer-causing carcinogens or infectious blood-borne pathogens in the course of performing their job-related duties and he/she subsequently dies, their eligible dependents may apply for workers compensation death benefits, but they must do so no later than five years from the date on which the fallen firefighter s work-related illness was diagnosed. Therefore, if a firefighter dies as a result of an occupational illness, other than asbestosis, more than five years after he/ she is diagnosed with the fatal disease, his/her dependents are precluded from receiving death benefits. CALIFORNIA PROFESSIONAL FIREFIGHTERS 5

6 Survivor Health Care Benefits Question: When a firefighter dies, is there a way to protect a firefighter s family from the immediate loss of health coverage? Answer: Yes, in the event that eligible survivors are not extended continued medical coverage under the deceased firefighter s plan, the Federal Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) protects all firefighters and their dependents from instantly losing their health coverage. Under certain circumstances, COBRA enables a firefighter and their covered dependents to continue medical and dental insurance coverage, and/or medical flexible spending account participation. In addition, with the help of CPF s co-sponsored AB 2059 (Rod Pacheco, R-Riverside), which was signed into law by Governor Davis in 2002, survivors of deceased local firefighter CalPERS members were awarded a safeguard to protect them against an interruption in health benefit coverage. In the past, a surviving family member may have had their health coverage cancelled until CalPERS was able to determine if the survivor was indeed eligible for continued health benefit coverage. The families of active state employees, including CAL FIRE firefighters, also enjoy an additional safety net, as the state continues to pay the deceased employee s share of contributions for health, dental and vision benefits for 120 days following the firefighter s death. Contact Information: Question: What if a surviving spouse or child is not enrolled in a CalPERS employer-sponsored health plan or any other health care plan under which the employer contribution covers 100% of the cost of health care premiums? Answer: Surviving family members may still be eligible to receive health benefits, as a result of the CPF sponsored AB 215 (Rebecca Cohn, D-Saratoga), a bill signed into law by Governor Gray Davis in This measure entitles eligible, uninsured surviving spouses of state & local firefighters killed in the line-of-duty to state-funded health benefits over the course of their lifetime. Surviving unmarried children, until the age of 23 or marriage, are also eligible for coverage under this bill. Disputes over whether the death was indeed job-related are resolved by the workers compensation Appeals Board. CPF successfully pursued legislation in 2007 to extend this same coverage to eligible survivors of fallen federal firefighters who worked/lived in California. In 2004, AB 753 (Tim Leslie, R-Tahoe City) was signed into law. This measure, sponsored by CalPERS and strongly supported by CPF, provides a safety net to survivors who ended up as not eligible for the health benefits established under AB 215. Problem: Before the enactment of AB 753 a surviving spouse, who was married less than one year before the death of the fallen firefighter, was not eligible for continuing health benefits. 6 CALIFORNIA PROFESSIONAL FIREFIGHTERS

7 AB 753 fixed the problem, extending health benefits to surviving spouses, who were married less than a year, but were married prior to the date that the injury or disease (which lead to the firefighters death) was sustained. Contact Information: Survivors should first contact the fallen firefighter s employer. Under the provisions of AB 215, the employer of a fallen public safety officer is required to notify CalPERS within 10 days that family members may be eligible for benefits. Once notified, CalPERS determines eligibility and forwards related materials to the eligible survivors. If you have questions regarding benefit eligibility, contact CalPERS: CalPERS Attn.: Office of Employer & Member Health Services 400 P Street, Sacramento, CA (888) Educational Benefits for Surviving Family Members Question: Do federal educational benefits for survivors exist? Answer: Yes. The Police, Fire, and Emergency Officers Educational Assistance (PSOEA) Act of 1998 was signed into law in October of 1998 by then-president Bill Clinton. This federal statute provides higher education financial assistance to eligible dependents of federal, state and local public safety officers, including firefighters, who are killed or permanently and totally disabled as a result of sustaining a traumatic injury in the line-of-duty and who were eligible for the PSOB death or disability benefit, as described in this brochure on page 10. This is the only federally funded program that provides educational benefits to the spouse and children of firefighters killed or disabled in the line-of-duty. Such expenses include tuition, room and board, books, supplies and other educationrelated fees. As of October 1, 2006, the maximum award for a full-time student is $860 per month of class attendance. All PSOEA awards must, by law, be reduced by the amount of other governmental assistance that a student is eligible to receive. Example: If a surviving student receives $2,000 in local government assistance for education, then this amount would be deducted from the amount that the dependent would be eligible to receive through the PSOEA benefit. Contact Information: The International Association of Fire Fighters (IAFF) provides surviving family members with assistance in filing for PSOEA benefits. The IAFF may be reached at (202) More information may also be obtained online by accessing their website or BJA/grant/psob/psob_education.html CALIFORNIA PROFESSIONAL FIREFIGHTERS 7

8 Question: Does the International Association of Fire Fighters (IAFF) or the California Professional firefighters (CPF) have educational scholarship programs for survivors of fallen firefighters? Answer: Yes. The IAFF offers the W. H. Howie McClennan Scholarship, which provides higher education financial assistance for children, natural or legally adopted, of firefighters killed in the line-of-duty. IAFF scholarships of $2500 are awarded annually and may be renewed for up to four consecutive years. The selection criteria are based on financial need, aptitude promise, as well as demonstrated academic achievement. The application deadline is February 1 st of each year. For more details or to apply, visit or call (202) Through its charitable organization, the California Fire Foundation, the CPF also offers educational scholarships from the Daniel A. Terry Scholarship Fund for children of firefighters killed in the line of duty. Scholarships of $500 are awarded anually and recipients may re-apply and receive a maximum of four scholarship awards. For criteria and more information, please visit or call (800) Question: Are there any educational scholarships offered by local firefighter unions? Answer: Yes. For example, each year Sacramento Area Fire Fighters, Local 522, offers four $500 essay-based scholarships to high school students who plan on attending college the year following graduation from high school and who attend high school within the boundaries of the areas serviced by Local 522. Two scholarships are awarded to children of Local 522 members and two are awarded to students who attend one of the high schools within Local 522 s service area. For additional information, contact the local firefighter union in the area where you reside. Question: Are there any state educational scholarships available to surviving family members? Answer: Yes. Labor Code Section 4709 was amended in 1988 to enable a child, natural or adopted, of a firefighter killed or totally disabled as a result of performing his or her job-related duties, to apply for the Law Enforcement Personnel Dependents Grant (LEPD) at any one of California s two-year or four-year accredited colleges. Under this program, a surviving child must be registered for six or more units and demonstrate financial need. The scholarship may be used to pay for tuition, fees, books and supplies. The amount of the scholarship is $1500 per year, not to exceed $6000 over a six-year period for attendance at a four-year university or $500 per year, over a four-year period for attendance at a two-year, community college. Question: Do death benefit proceeds affect a survivor s eligibility for financial aid when the California Student Aid Commission assesses financial need? Answer: No. The CPF co-sponsored SB 730 (Jack O Connell, D-San Luis Obispo), a measure signed into law by Governor Gray Davis in 2001, prohibits death benefit proceeds from affecting a dependent s eligibility when determining his or her financial need in this regard. 8 CALIFORNIA PROFESSIONAL FIREFIGHTERS

9 Contact Information: For more details, including application procedures, please contact the California Student Aid Commission at (888) or visit Question: Is it true that eligible surviving spouses of state & local fallen firefighters can attend college at no charge? Answer: Yes. The CPF co-sponsored AB 1850 (Lou Correa, D-Santa Ana), a bill signed into law by Governor Gray Davis in 2000, amended Education Code Section to provide a surviving spouse of an active fire protection employee free access to schools within the University of California and California State University systems. This measure also provided eligible survivors free access to Hastings College of Law. In 2002, the CPF sponsored AB 1746 (Carol Liu, D-La Canada Flintridge), a bill signed into law by Governor Davis expanding existing law to provide eligible surviving spouses and children, natural or adopted, of fallen firefighters and other public safety employees free access to California s community colleges, in addition to the UC and CSU systems and Hastings College of Law. Question: Can surviving children of fallen firefighters, both natural and adopted, also attend college at no charge? Answer: Yes. In the early 1970s, Education Code Sections and were enacted to enable surviving children of fallen firefighters to attend schools within the University of California and California State University systems, at no charge. AB 1850 and AB 1746 expanded these sections to include free access to Hastings College of Law and California Community Colleges. Question: Are the step-children of state and local fallen firefighters eligible to attend college in California at no charge and receive other death benefits otherwise afforded natural and/or adopted children of a fallen firefighter? Answer: Yes, AB 933 (Sarah Reyes, D-Fresno), sponsored by CPF and signed into law in 2003, allows step-children of firefighters, among other public safety employees, who are killed in the line-of-duty on or after January 1, 2001, to be eligible for the educational and CalPERS-related optional death benefits that natural or adopted children are presently eligible to receive. In 2005, CPF actively promoted AB 1655 (Jerome Horton, D-Inglewood), a bill signed into law clarifying that there is no distinction between a dependent adopted stepchild and a dependent non-adopted stepchild of a fallen firefighter when determining postsecondary educational fee waiver eligibility. Contact Information: University of California California State University Hastings College of Law California Community Colleges CALIFORNIA PROFESSIONAL FIREFIGHTERS 9

10 Direct Monetary Assistance for Eligible Survivors Question: Do federal monetary benefits exist for eligible survivors of fallen firefighters? Answer: Yes. The Public Safety Officers Benefit (PSOB) Act provides for a direct monetary benefit in the event that a firefighter, among other public safety employees, dies in the line-of-duty from a traumatic injury or is permanently unable to perform any gainful employment due to such injury 1. The Act does not cover deaths resulting from occupational illness or pulmonary or heart disease unless a traumatic on-the-job injury is a substantial factor to the death. But if toxicology reports demonstrate a carbon monoxide level of 10% or greater for a non-smoker or 15% or greater for a smoker at the onset of a heart attack, benefits are paid. The Act includes all firefighters, whether paid, unpaid or federal. Initially placed on the books in the late 70s, the PSOB Act provided for an inaugural provision of only $50,000; however, due to the IAFF s continued efforts, the current amount is $295,194. On June 25, 2002 the Act was amended by the enactment of the Mychal Judge Police and Fire Chaplains Safety Officers Benefit Act, which allows all beneficiaries of fallen firefighters, not just parents, spouses or children, to receive the federal compensation. The legislation, named after the FDNY Chaplain Father Judge, was proposed after it was discovered that ten public safety officers who gave their lives during the terrorist attacks on September 11, 2001 would not be eligible for death benefits because they did not have any surviving immediate family. On December 13, 2003 President George W. Bush signed the Hometown Heroes Survivors Benefit Act, S.459. Under the new law, which took effect immediately, PSOB will be paid to the families of firefighters and police officers who die as a result of a heart attack or stroke suffered within 24 hours of responding to an emergency call or participating in a training exercise involving unusual physical exertion. Contact Information: To initiate a claim for death benefits, or to receive more information, call the Public Safety Officers Benefits Program at the Bureau of Justice Assistance at (888) More information can be obtained by visiting The International Association of Fire Fighters (IAFF) Department of Occupational Health and Safety provides surviving family members with assistance in filing for benefits under the PSOB Act. The IAFF may be reached at (202) More information may be obtained online by accessing their website 1 Federal Register, Vol. 57, No. 113, June 11, Amendment to the PSOB Act to include coverage for disability benefits. Such disability is defined as permanent and total as a direct result of a catastrophic personal injury sustained in the line-of-duty which will prevent an individual from performing any gainful work 10 CALIFORNIA PROFESSIONAL FIREFIGHTERS

11 Retirement Security for Surviving Family Members Question: What are the different types of death benefits for firefighter family members? Answer: Death benefit eligibility is typically separated into two main categories: pre-retirement and post-retirement death. Over the years, the CPF has been instrumental in the enactment of legislation protecting and enhancing the retirement security of firefighters and their families. Example: The CPF sponsored SB 1695 (Deborah Ortiz, D-Sacramento), a measure signed into law in 2000 by Governor Gray Davis, which added Section to the Government Code to allow local CalPERS contracting agencies to amend their contracts with CalPERS and provide the surviving spouse or eligible children of a local CalPERS firefighter member the member s full pension in the event that he or she dies, having 20 or more years of credited service, regardless of their age at death. Here s how it works: Under Government Code Section , local CalPERS contracting agencies may amend their contracts with CalPERS to provide an alternate death benefit for their local firefighter members with 20 or more years of service. Under the alternate death benefit, an eligible surviving spouse receives a monthly benefit equal to the amount the firefighter member would have received had the firefighter retired at the minimum retirement age on his or her date of death. If there is no surviving spouse, an eligible dependent child would receive a payment equal to 50% of the unmodified allowance the firefighter would have received had the member retired for service at the minimum retirement age on his or her date of death. This allowance is calculated using all of the firefighter s CalPERS covered service. Lastly, it requires the cost of the death benefit allowance to be paid from the assets of the employer, with all of the firefighter s CalPERS contributions being transferred to the plan assets of his or her employer. For additional information regarding SB 1695, contact your firefighter local union office to see if this benefit has been negotiated. Question: Are financial benefits available for survivors of firefighters who die as a result of an industrial disability? Answer: The death benefit options made available to firefighters and their families vary, particularly with regard to industrial death benefits. Each retirement system, whether CalPERS, a retirement system operating pursuant to the County Employees Retirement Law of 1937 (aka 37 Act) or an independent municipal retirement system, such as Los Angeles City, San Jose, San Francisco or San Diego provides industrial death benefits for its members. However, these benefits differ and are too numerous to detail. For additional information, please contact the retirement system to which the fallen firefighter was a member. CALIFORNIA PROFESSIONAL FIREFIGHTERS 11

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