dojN002033.xml

dojN002033.xml

born-digital

email

yes

no

2002-01-18

Friday, January 18, 2002 3:55 PM
WTC VICTIM COMP FUND


January 18, 2002

Dear Dept of Justice:

I wish to state my disagreement with the interim rules issued by Kenneth
Feinberg, the Special Master, regarding the Victims' Compensation Fund of
2001, P.L. 107-42, to compensate the relatives of the victims of the brutal
attacks on September 11, 2001.

Mr. Feinberg took the fiduciary responsibility to act on behalf of the
relatives of the victims and, as it stands, the rules fail to satisfy the
letter and the spirit of the legislation. Specifically, we request that you
act on our behalf and demand the following changes to the interim rules:

1. Collateral Sources:
The victims' relatives are being asked to give uninformed consent to
something that has no certainty - a fund that may provide little or no
compensation to some of the victims' families. The deduction of insurance
proceeds, pension funds, 401K proceeds and other collateral sources could
eliminate awards to some families and, therefore, should be eliminated from
the terms of the fund. To penalize a victim for acting with responsibility
and compassion for their loved ones is unjust.

2. Consistency:
The arbitrary income limits and the calculation of award amounts imposed by
the Special Master are inconsistent.

3. Non-economic rewards:
Mr. Feinberg has arbitrarily restricted the award for pain and suffering.
In the words of Rep. Peter King "...every death is tragic. A murder is
particularly tragic. But to have your loved one murdered in a burning
building in full view of the world - in a scene which will be repeated in
the media for decades to come - is a horror these families will never escape
from...The Special Master cannot take it upon himself too restrict the
rights of the families." Therefore, we request that the interim rules be
amended to more appropriately compensate the victims' families for the
immeasurable pain and suffering endured by our loved ones.

As Mayor Giuliani stated in his farewell address: " we have an obligation to
the people who did die...Their families need to be protected just as if they
had been alive, financially and every other way that we can help and assist
their families...There should be no compromise about that ever...". We
request that the interim
rules be amended and redefined to the extent that collateral sources are not
deducted from the recovery; arbitrary income caps are not imposed;
compensation for pain and suffering more accurately reflect the unimaginable
horror which was suffered by the victims.


Sincerely,

Individual Comment

2002-01-18