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.
###########################