dojN002603.xml

dojN002603.xml

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2001-12-26

Congress of the United States
House of Representatives
Washington, DC 20515-0801


December 26, 2001

The Honorable Kenneth Feinberg
Special Master
September 11th Victim Compensation Fund
U.S. Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue, NW
Washington, D.C. 20530

Dear Special Master Feinberg:

Enclosed please find correspondence I received from a constituent of mine, of Wilmington, Delaware. 's father-in-law, , was a victim of the World Trade Center tragedy. In his letter, expresses his concerns regarding the intent of Public Law 107-42 which established the September 11th Victims Compensation Fund of 2001.

believes that the Act will clearly provide fair compensation to many of the
families who were devastated by the September 11th tragedy. However, he raises very valid
points supporting his concern that for many older workers families, the Act may provide no
compensation at all. As Mr. states in his letter," Many of the older workers who perished in the attacks were past their prime income earning years. Also theses older workers had fewer years left in terms of their income earning potential and reasonable life expectancy. Older workers would have typically accumulated large amounts of 'collateral sources.' Accordingly, the surviving spouses of older workers will have smaller gross awards, much larger 'collateral source' reductions, and the possibly of a net award of $0."


wants to make sure that his mother-in-law is in no way discriminated by the fund for the sheer fact that her husband planned their finances wisely. The survivors of older, more successful workers life , who was about to turn 56, may not get any compensation because they have life insurance, pensions or mutual funds. I strongly believe that this fund must be administered in a fair and equal manner that best assists all those surviving families who are dealing with the pain of their tremendous loss.

I am hopeful that you will look into this matter and provide your current thinking on the issue. I have also written to Attorney General Ashcroft and House Judiciary Chairman Sensenbrenner to make them aware of 's concerns. Thank you for your consideration of this issue and if you could please provide and my office with a response, it would be greatly appreciated.

Thank you for your assistance.

Sincerely,

Michael N. Castle
Member of Congress


November 30, 2001

The Honorable Joseph R. Biden
United States Senate
221 Russell Senate Office Building
Washington, D.C. 20510

The Honorable Michael N. Castle
Congress of the United States
3 Christina Center, Suite 102
201 North Walnut Street
Wilmington, DE 19801

Re: H.R. 2926
September 11th Victim Compensation Fund Of 2001


Dear and :

I am writing to request your assistance in seeking amendments to the Air
Transportation Safety And System Stabilization Act, enacted as Title IV of Public Law
107-42 (the "Act"). As you know, my father-in-law, , was a victim of the World Trade Center tragedy. and I are doing everything we can to assist her mother in picking up the pieces after this tremendous loss. We need your help in
revising the Act in order to provide and others similarly situated with fair compensation as a result of this national disaster.

The Act will certainly provide fair compensation to many of the families
victimized by the September 11th tragedy. For many older worker's families, however,
the Act may provide not compensation at all. Many older workers were past their prime
income earning years. In addition, older workers had fewer years left in terms of income
earning potential and reasonable life expectancy. Finally, older workers would have
typically accumulated large amounts of "collateral sources." Accordingly, the surviving
spouses of older workers will have smaller gross awards, much larger "collateral source"
reductions, and the possibility of a net award of $0.

My father-in-law would have been 56 years old just a few weeks ago. Therefore,
he would have had at least nine (9) additional years left in his working career. Assuming
a reasonable life expectancy of age 74, remaining life expectancy would be eighteen (18)
years. The pain and suffering, loss of companionship, loss of consortium, and related
non-economic damages recoverable by would be lower because of fewer years of remaining life expectancy. Since e was a veteran of over three (3) decades on Wall Street, he had accumulated a fair amount of pension, annuity, and 401K assets. At his age, he was past his peak income earning years, as a result of the heavily bonus-based compensation system which is common on Wall Street. In short, the "collateral source" numbers for 's claim would be high relative to the average victim, while her likely
"economic loss" and "non-economic loss" claims would be low compared to other
victims. Accordingly, there is a possibility that the end result of 's claim will be
$0.

It is very disturbing and disheartening to and her family that the Act's compensation formula may very well place absolutely no value on their loss. THAT IS WHY , , AND I ARE ASKING FOR YOU TO SPONSOR LEGISLATION
TO CORRECT THIS INEQUITY.

New legislation is needed which would provide a surviving spouse with the
option to make a claim under the Act solely for economic losses and metal anguish, with
no reduction for any collateral source funds received. This would provide fair and
equitable compensation for surviving spouses of older workers, who may otherwise be
unjustifiably discriminated against by the Act. Allowing recovery for economic damages
and mental anguish would be in line with standard damages limitations contained in most
States' wrongful death statutes (See, e.g. 10 Del.C § 3724).

Additionally, such an option would insure that the Act achieves its intended
purpose. The purpose of the Act is "to provide compensation to ...relatives of a
deceased individual...killed as a result of the terrorist-related aircraft crashes of
September 11, 2001." Act at Sec. 403. The Act fails to meet its stated purpose for
surviving spouses of older workers. Thus, surviving spouses like may be forced to bring lawsuits against the airlines, the Port Authority of New York and New Jersey, the building managers, security companies, etc. Such litigation will be time consuming and costly for all involved. Such lawsuits will also be a painful reminder of the heinous act of war which has victimized so many families.

We need your help. Legislation is needed as soon as possible. Regulations
intended to implement the Act must be promulgated by the Department of Justice by
December 21, 2001.

Please let me know if we can count on your help.

Very truly yours,


RLA:cth

P.S. Since is a resident of Ridgewood, New Jersey, I would certainly appreciate it if your offices could forward a copy of this letter to Senators Torricelli and Corzine, as well as her local Congresswoman, Representative Marge Roukema.


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1 The Act calls for the Special Master to reduce any ward by the amount of collateral sources (e.g life insurance proceeds, pension benefits, and other funds received as a result of a victim's death).

2001-12-26