Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. January 9, 2002 Mr. Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department Of Justice Main Building, Room 3140 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Dear Mr. Zwick: I have asked my attorney to prepare a letter offering our comments to the proposed regulations governing the Victim Compensation Fund of 2001. Please take the time to read his letter. It is my hope that you will be able to revise the regulations to make a distribution that will fairly compensate all victims of the September 11 tragedies. Thanking you for your kind attention to this matter, I am, Very truly yours, Individual Comment Silver Spring, MD Enclosure January 9, 2002 VIA FACSIMILE - 301-519-5956 Mr. Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Re: &nbsp Dear Mr. Zwick: On behalf of our client, , this letter is being submitted to offer our comments on the proposed regulations governing the Victim Compensation Fund of 2001. was a passenger on which crashed into the Pentagon on September 11. At the time of his death, was 54 years old and was a for the . He was a physicist. was a wonderful husband to and father to their daughter, , who is a high school senior, and to his step-son, . Their family was very close, and was so looking forward to seeing go off to college next year. College was something for which had worked and saved for many years and he was determined to insure that could go to any institution that she might choose. In this endeavor, had a college savings plan set up at work so that a certain amount was deducted from his salary with each paycheck. This was but one way he prepared to pay for college. was the family's principle wage-earner, although long time employee of the public school system. As such his earnings were critical to the deep and painful grief that they all feel over the loss of father, husband, care-giver, companion and friend. Because was a federal employee, and was working at the time of his death, the family is perhaps, in a better financial position than other victims of this tragedy. By virtue of the fact that was flying on government business, they are the beneficiaries of a flight insurance policy. In addition, in lieu of death and pension benefits which were earned and waived, is now receiving one-half of last annual salary, in monthly installments, as a worker's compensation death benefit. These benefits will continue for the rest of life. According to the proposed regulations, the Special Master will consider pre-tax earnings for 1998-2000. Presuming that the Master uses the average of these figures (rather than the final year's figure which is more accurate for a government employee), annual earnings would be approximately $101,066. Again assuming that would work until age 62 (8 more years), with the presumed increase of 4.2% per year, gross future earnings would be approximately $937,905. This figure must then be reduced to present day value at the interest rate of 5.13% (a rate greater than the presumed inflation rate) and a "consumption factors" which is not specified in the regulations. Even if we assume this combined reduction at a very conservative gross figure of 15% , the future earnings of is approximately $797,219. To this figure should be added the Non-Economic Loss of 350,000, which "compensates" and , resulting in a combined loss award of approximately $1,047,219. Section 104.47 requires the Masters to reduce this figure by the amounts received from defined collateral sources. Assuming that the worker's compensation payments are included as a collateral source, then neither nor will receive any payment from the fund. In short, all benefits, including the compensation for their emotional pain and grief, will be eliminated. It is probably an impossible job to create a fair system of compensation out of these tragic events. Nevertheless, this legislation was brought about to accomplish two objectives. The first was to reach out to the families of the victims and try to fairly compensate them for their losses. The second was to protect their airline industry from potentially crippling litigation. As you know, should any victim initiate suit against the airline, none of the collateral sources contemplated by these regulations would be deducted from a recovery. Based upon our rough calculations, is currently left with three choices: 1) participate in the fund, waive her rights against the airline, and receive no payments; 2) undergo the anguish and uncertainty of a lawsuit against American Airlines which may take years to resolve; or 3) do nothing at all. None of these choices achieves the stated congressional purpose "to provide compensation to any individual who was physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001." We respectfully suggest that the regulations be amended in one or both of the following ways: 1. Define the collateral sources in such a way as to exclude benefits previously earned by the victims. In case, he chose to be a government employee because the work was important. In so doing, he gave up opportunities to do important work and to make far more money in the private sector. By choosing a government job, he, like so many of his peers, elected to make less money while better insuring family security by availing himself of the substantial pension and death benefits that are available. As these benefits are already earned, the current regulations serve as a form of penalty by deducting them from the potential recovery. Earned benefits are the equivalent of savings and should not be used as a deduction from any compensation from the fund. 2. Deduct the collateral source money from the Economic Loss calculation only. Even if a victim's family is fortunate enough to have collateral compensation to cover a wage earner's loss, the pain, grief and emotional suffering is no less. The amount dedicated for Non-Economic Loss should not be reduced by any payments, thereby providing a guaranteed amount for all victims as well as fair consideration for waiving their legal rights against the airlines. Thank you for your consideration and I hope that you will find a way to reform the regulations so that they may provide real comfort to all victims. Very truly yours, Individual Comment Rockville, MD cc: Congressman Albert R. Wynn Congresswoman Constance A. Morelia Senator Paul S. Sawbones Senator Barbara A. Mikulski Familiesofseptember11.org September 11 Email: Date The local time and date when the message was written. 2002-01-09 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002606.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-09