dojP000615.xml

dojP000615.xml

born-digital

email

yes

no

2002-02-20

February 20, 2002

CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. Kenneth L. Zwick
Director, Office of Management Programs
Civil Division
U.S. Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue NW
Washington, DC 20530

Re: Estate of
Date of death: September 11, 2001


Dear Mr. Zwick:

We represent , decedent's surviving spouse and Executrix of his estate.

I have reviewed the "Air Transportation Safety and System Stabilization Act," which authorizes compensation to any personal representative of a deceased individual who was killed as a result of the terrorist attack on the World Trade Center on September 11, 2001. Pursuant to Section 104.47 of this Act, "the amount of compensation shall be reduced by all collateral source compensation, including life insurance, pension funds, death benefit programs, and payments by federal, state, or local governments related to the terrorist-related aircraft crashes of September 11, 2001."

In the case at issue, decedent created an irrevocable trust which owned certain life insurance policies. The proceeds of the life insurance policies ere subsequently paid to the trust, which incorporates a marital trust and a minor's trust.

In both trusts, decedent's surviving spouse is the income beneficiary and the decedent's children are the remaindered. The language of the statute is unclear as to whether or not the surviving spouse's income stream from the trust will be taken into consideration, thereby reducing the compensation she is otherwise eligible to receive under the Act.

Nor is it clear, whether the remainder interests of the decedent's dependent infant children in the two trusts described would reduce their benefits, if they were the "claimants."

Furthermore, pursuant to the Interim Final Rule, §104.21 (d), submission of a claim itself
constitutes a waiver of right to sue. Is a preliminary inquiry to determine compensation, if any, possible without waiver of a right to sue?

Finally, has there been any amplification as to what constitutes "pension funds" or "death benefit programs"?

I made a prior inquiry under the interim rules and received no answer. May I prevail upon you to provide me with an answer this time. It would seem, that the very purpose of the Fund is to prevent litigation and limit liability. Weighing one's options should be something the families of the victims of this tragedy should be entitled to.

Sincerely,

Individual Comment
Staten Island, NY

2002-02-20