Portman and Coons Introduce Bill to Extend Aid to Families of Fallen Law Enforcement Officers

Press Release

As the nation marks National Police Week, U.S. Senators Rob Portman (R-Ohio) and Chris Coons (D-Del.) announced today that they've introduced bipartisan legislation to close an unintended loophole in the Public Safety Officers' Benefits (PSOB) program and ensure families of fallen officers receive the benefits they deserve. Families of law enforcement officers, firefighters, and other first responders killed in the line of duty are entitled to death and education benefits through PSOB, but these benefits are sometimes denied or delayed for the loved ones of officers who die due to heat stroke or over-exertion in the course of duty. The Fairness for Fallen Officers Act of 2014 would specify that fatal climate-related injuries, including hypothermia and hyperthermia resulting from official duties or training in extreme weather conditions, are deserving of full recognition under the law.

"Law enforcement officers make enormous sacrifices every day to ensure that our communities are safe and protected," Portman stated. "This bill will ensure that all families of law enforcement officers who have tragically fallen in the line of duty receive the benefits they have earned. As we recognize National Police Week, I believe this legislation is critically important and I'm proud to help ensure we're taking care of America's law enforcement families."

"Our law enforcement officers risk their lives every day to keep us safe, and we should do everything we can to honor our obligations to fallen heroes and their families," said Coons. "Though nothing can make up for the loss of a loved one, the Public Safety Officers' Benefits program has helped to ensure that the families of officers who tragically lose their lives in the line of duty receive the benefits they deserve. Unfortunately, a loophole in the law leaves some deserving families in limbo, waiting indefinitely for these benefits, while other families never receive them. This bill would close this loophole, so no family will again be forced to grieve through a lengthy legal process."

Due to an unintended loophole in the PSOB program, families of officers who die of climate-related injuries could potentially endure years of administrative and appeals processes in order to access death and education benefits. The Fairness for Fallen Officers Act of 2014, would address this shortcoming by adding fatal climate-related injuries to the list of injuries eligible for benefits under the PSOB program. This simple fix will save families the heartache and stress of spending years fighting for the benefits they deserve.

"As one of my last assignments as an employee of Concerns of Police Survivors, I can do nothing but implore those who would consider this bill to pass it," said Suzie Sawyer, Executive Director Emeritus of Concerns of Police Survivors (C.O.P.S.). "Having seen gaps in the PSOB regulations before, and having worked with others to fill them, this gap for officers who die from over-exertion remains wide open. It would be a great service to the surviving families of the officers who have died in extreme training sessions to be able to secure this federal death benefit."

On October 9, 2001, Officer Charles McDonald of the Forest Park Police in Ohio tragically died following SWAT training. A medical evaluation later determined that Officer McDonald's death was the result of rhabdomyolosis, a condition caused by extreme overexertion where the skeletal muscles manufacture a toxin that destroys the kidneys. Officer McDonald's family described the process of securing PSOB benefits as long, drawn out, and painful -- a process that involved hiring an attorney, obtaining old childhood medical records, and waiting three years for a resolution. The Fairness for Fallen Officers Act of 2014 would guarantee that doesn't happen, by ensuring climate-related injuries receive full recognition in the PSOB.

The Fairness for Fallen Officers Act has been endorsed by Concerns of Police Survivors, the Federal Law Enforcement Officers Association, and the family of Officer Charles McDonald.

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