Loading...
13. Public Safety/Insurance Health Benefits - New Federal LawAgenda -May 5, 1997 AGENDA ITEM 13 - PUBLIC SAFETY/INSURANCE HEALTH BENEFITS -NEW FEDERAL LAW BACKGROUND/CONSIDERATION: I have enclosed a new federal law that requires cities receiving Office of Justice Programs grant funds to provide "the same or better level of health insurance benefits that are paid by the entity at the time of retirement or separation" if an officer is personally injured in the line of duty responding to an emergency situation and/or hot pursuit. If the entity does not provide this insurance, we will not receive more than 90% of the funding we would be eligible for. In other words, we would have a 10% deduction from our grants as a penalty for non-compliance with this section. We have already had one request for this option. I have denied that request and indicated that this would need to be a Council decision. This item has a potential to grow to a huge unfunded liability for the City. If you have approximately 40 police/fire employees and we currently pay approximately $5,350 annually for coverage for each of the employees, we at the extreme, are exposing ourselves to our annual costs of $214,000. This will escalate every year and will continue throughout the life of the employee. We could have 40-50 years of insurance expenses per individual. In addition to the direct economic exposure, I believe we would be inviting more service -related disability separations in order to qualify for the benefit. Questionable disabilities will be pressed Agenda -May 5, 1997 to relate to a qualified disability then exposing the entire health system and the retirement to disability payments that may be larger than it would be without this benefit. The potential economic loss to the City from federal grants is small. In the last three years the Cops Fast and Cops Now program has provided the City with a total of 12,800 grant dollars. If we were to lose 10% of this or even all of the grant funds it would certainly be far less of a loss than the exposure the insurance benefit generates. RECOMMENDATION: I strongly recommend against approving any use of this benefit. ACTION REQUIRED: Technically, I have already declined the current request. For the record, if you desire to approve the benefit, a MOTION approving this benefit would be in order. Also for the record, a MOTION to disapprove would be helpful for the staff to deny future requests. md- The the it to ts bed t of cis Ito De- ) be(, "f New Protects Public Safety Providers hanks to a little-known law passed by Congress last September, your pub- lic -sector employer now must continue providing health bene- fits for the rest of your life if you can no longer do the job because you are injured during an emer- gency response. If your depart- ment fails to maintain your health insurance at least at the same level as before you were hurt, your community stands to lose 10 percent of its federal Lo- cal Law Enforcement Block Grant money. The "Public Safety Officers Benefits" was passed as part of a huge appropriations bill, signed into law by the president (as Sec- tion 615 of PL 104-208) Sept. 30 and took effect immediately. Ac- cording to James R Cross, a Fairfax, Va., attorney who teach- es a course on the legal aspects of emergency management at George Washington University in Washington, D.C., the law de- fines a public safety official as .an individual serving a public agency in an official capacity, with or without compensation, as a law -enforcement officer, fire- fighter, [member of a] rescue squad or ambulance crew" Fred Nesbitt, director of gov- ernment affairs for the Interna- tional Association of Fire Fight- ers (IAFF), said the bill was introduced in Congress by Rep. Peter Deutsch, D-Fla., who was outraged when a Florida city canceled the health insurance of two police officers forced to go on permanent disability after be- ing caught in a drug lab explo- S B EXTE"RISES LEWISSUMW sion. "Anyone who suffers a ca- reer -ending injury on the job should be protected," said Nes- bitt. But it doesn't always work that way. "In Missouri, if you retire normally you get health benefits, but if you must leave the job be- cause of an injury, you don't," he said. Nesbitt stressed, however, that the injury must happen dur- ing an emergency response ---a fall in the firehouse between calls or a heart attack related to years of job -related stress does not qualify. While the law theoretically applies to volunteers, few likely will be affected because people seldom receive health benefits from their volunteer positions. Despite the law, some depart- ments may choose not to pro- Wellington -Puritan's Rhino Resew rope provides the durability, strength and abrasion resistance that have been the key to the dependable static kammantle design. it's high strength, 100% nylon core protected by a sheath of 100% nylon assures low stietctr and no spin. In addition Wellington -Puritan's 9,000 Plus offers Innovative lightweight 1/21 design and remarkable high break strength. We available in several diameters, the most popular for rem operations is the 'IV AN of Wellington -Puritan's tensile test figures are based on standard specN'xcations of the govemament and reflect the minknum tested strength. l/s...9,0001b& ii Red/Wttlte. OrangerWhIte or Blue/Mke - $.85/fL W -13,000 lbs. - $1.13/11. Other sizes and colors available. CMI Rescue Eight W/Ears Can be used with kemmantie rope. Will accept two carabiners. Hot forged, aircraft alumi- num with special grey colored hard coat. May be used for rappelling, belaying, badlowe" and res- cw. WL 4.2oz; length 51,V, width 3'. CMI Rescue 8 w/ears........... $30.00. East Coast Distributor. a & 8 Enterpt m P.O. Box 441-A Lewisburg, WV24901 (304) 772.500 In Pacific Northwest Paratech Res" Supply P.O. Box 173 Neotsu, OR 97364 vide such benefits if the cost could exceed the amount of fed- eral grant money that would be lost. But Nesbitt insists that com- munities that already provide those benefits have found they don't cost that much —at least compared to the money they would forfeit by not complying. The way the law is written, it will expire on Oct. 1 unless Con- gress makes it permanent. But for anyone injured on the job this year, the health benefits must continue to be paid for a lifetime. "Generally, when things are put in an appropriations bill, they get carried along from year to year," Nesbitt said. But just to be sure, he added, the IAFF will "work to make sure that happens." Marion Angell Garza 8 & B Rescue Harness For comfort the B & 8 Rescue Her- ness has 3" webbing at the waist and legs. For a quick fit and easy adjust- ment it has a 2' parachute quality Welds at the waist. The legs are adjustable to fit different size users of different types of pants. Steel D rings in the front and back provide a metal -to -metal, fast clip point Available in small, medium, large and extra large. Please specify size: Small - Waist 2r to 30', Medium - Waist 31" tq 3,V,-Large - Waist 35' to W. Extra Large - Waist - 39- to QA.................................. $78.00 each. B & B Padded Resew Harness Same as above with a piece of W padding at the waist and leg loops. Same sizes as above .......................... $110.00. t5031996-3744 1 Write or call[ r nearest dealer for corn lets ro rescue supply cats In New Jersey & NY contact in New York contact In Pennsylvania rxxttact In Pennsylvania Contact In Virginia Contact Rescue Supply The Kragel Company Bason Rescue Eulutpo m Arttar C. Page Associates Fire Brand 52 50 Avenue 42 Canter Street 307 E. Market Street 1 P.O. Box 25 1 3025 S. Military Highway IM4) Newburgh, NY 12550 Har", NY 14075 Damde, PA 17821 Dravosbag, PA 15034 Chesapeake, VA 23323 (914) 561-4264 (716) 648-1344 pq 59emn (412) 466-4774 487.460 For More Information Circle 430 On Reader Service Card FIRE -RESCUE MAGAZINE 4P APRIL 1997 PUBLIC SAFETY OFFICERS HEALTH BENEFITS Language from the Departments of Commerce, justice, and State, the' Judiciary, and Related Agencies Appropriations Act of 1997, enacted on 9/30/96 (Public Law 104- 208), as amended by S.2198, enacted on 10/19/96 (Public Law 104-328). Sec. 615. Of the funds appropriated in this Act under the heading 'OFFICE OF JUSTICE PROGRAMS --state and local law enforcement assistance', not more than ninety percent of the amount to be awarded to an entity under the Local Law Enforcement Block Grant shall be made available to such an entity when it is made known to the Federal official having authority to obligate or expend such funds that the entity that employs a public safety officer (as such term is defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968) does not provide such a public safety officer who retires or is separated from service due to injury suffered as the direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or a hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits that are paid by the entity at the time of retirement or separation. ###########################