I believe CAP members ARE covered by the Public Safety Officers Benefit Act

[RiverAux]

I already explained that CAP would not fall under the part that you're talking about, but rather that of a public agency itself as CAP members are considered instrumentalities of the federal government while on AF missions. 

One might make an entirely separate argument that CAP could potentially get covered under that clause while conducting non-AFAM SAR missions for local and state governments (which we do), then yes we would need to do what you suggest and get the relevant local government to sponsor us. 

[wingnut55]

John Kachenmeister

You forget we joined the same Cadet squadron, although you had been in when they still flew jenny's.

I have decided to stop being a negative force and to move forward on a positive footing.

[JohnKachenmeister]

That is the part relevant to CAP not the specific relationship of that team to a public agency.   

Of course you want to ignore the relationship test - it is one of the two key factors to getting under the PSOB. Without the signature of a publicly elected officer any application is a non-starter. CAP and CAP members cannot get that signature.

The other key factor is that SAR, Rescue - call it what you will - must be the primary activity of the organization. Rescue or SAR is only a part of what CAP does and not the primary activity.

CAP does not satisfy eithr of the two key factors to be covered.

Actually, RRLE, the Congress (elected officials) have stated that CAP is the Auxiliary of the United States Air Force whenever called into Federal service at the request of any Federal agency.  Since the law authorizes us to perform any "Noncombat mission or program" of the Air Force, I think that would would qualify under the law cited above, WHEN the CAP is acting in one of the defined activites.

Border patrol, drug interdiction, SAR, missing person searches on Corp. missions for local govt., YES, CAP would be covered under the PSOB.  Transporting blood, moving repair parts for the USAF, NO, not covered. 

[RRLE]

I think that would would qualify under the law cited above, WHEN the CAP is acting in one of the defined activites.

Then why isn't it? I did a search of the CAP Knowledge base and found nothing that even comes close to suggesting that CAP qualifies for the PSOB. I did stumble over one thing that may (or may not) play a role here. You guys know and understand your own rules & regs better then I do. I did locate in CAPR 900-5 or 900-S (I can't read my own note) a statement that since a CAP member is covered by FECA (whether they apply for the benefits or not) then FECA is the 'exclusive remedy'. A CAP member cannot bring suit against the federal government for other benes because of that.

[RiverAux]

It wouldn't be the first time there could be a conflict between various federal laws.  All I've got to go on is the actual text of the law as passed. 

The reason that it isn't mentioned in CAP's knowledgebase is because CAP and/or the AF apparently doesn't agree with me or there actually could be a history of CAP trying to get benefits for a lost member that was rejected by the agency that administers it.  Heck, there could even be a court case somewhere that specifically says CAP can't get it.  It could also be that CAP and/or the AF does think it applies to us, but don't want to raise the issue for varioius reasons.  Maybe the AF would end up having to pay the benefits out of one of their budget accounts and they just don't want to do it.  Hard to tell. 

All I've got to go on is the text of the law itself.  It seems clear enough to me, but as I said earlier and as wingnut mentioned, the people that run this system and the courts have made some nutso decisions before.

[RRLE]

I thought you might find this interesting since the error appears in several other places including CAP documents. We both know the statement is false.

I'm not sure this is the original source of the misinformation but it is the first one that pops in a google search. Some of the CAP documents reference this as their source.

Global Security.org Civil Air Patrol

At the bottom is this:

Due to CAP's expanding role in the 21st century to include increased homeland security work, Congress in February 2003 amended the Omnibus Crime Control and Safe Streets Act of 1968 to make members of the Civil Air Patrol eligible for Public Safety Officer death benefits.

Under this bill, Civil Air Patrol members who lose their lives in the line of duty will become eligible for the same federal death benefit provided to other public safety personnel. The bill, entitled the Civil Air Patrol Homeland Security Benefits Act (H.R. 3681)applies to the members of CAP who lose their lives or become permanently disabled while engaged in active service in support of operational missions of the U.S. Air Force.

That also appears in the following CAP places:

FL Group 4 Cadet Programs
SD Wing News Release - Word Doc
South Brevard Cadet Squadron

[wingnut55]

It is a Huge Grey area, we here seem to know more than our leaders. I challenge someone to stand in front of NHQ with a Big Sign.

" HEY What's UP Here".

But I will Quote a USAF document from before 911. It stated that CAP leaders are unable to effectively explain to their members as to what kind of relationship they have with the USAF.

Should anyone want that interesting evaluation of CAP let me know. I will send it to you.

God help us if the GAO looks at us, the cost of the review is shy of 1million dollars. According to the bill that passed. But it may die in the Senate.

I just want NHQ to be forthcoming in explaining to a 35 year old accountant why they think 10,000 dollar is appropriate for getting killed. And NHQ should be more open with their knowledge that maybe 99% of all Life insurance policies explicitly exclude paying out when killed flying for CAP.

Why should your widow and kids be put on the street. I will gladly donate $5.00 to a CAP widows and Survivors fund. Lets Do it.  $5.00 x 30,000= $150,000 saved in a fund every year.  $10,000 is what they give now, God that is an embarrassment to American decency. $10,000 was what a soldiers family got paid 70 YEARS AGO.

Truth is. We loose several CAP members every year.

[JohnKachenmeister]

Personally, I think NHQ does not mention this because it would not always and consistently apply to us.  I think it would apply on SAR/DR/Drug/HLS missions, but not on some of the administrative missions we fly... counting cougars, for example.

Rather than try to explain that in a serious fact sheet, NHQ spends its time creating new and increasingly-ugly logos and "Branding initiatives."

[wingnut55]

    

So that be true, I find this blog to be a great way to get a pulse on our comrades.