Proposal to reduce CAP death benefits

Started by RiverAux, December 20, 2011, 02:23:13 AM

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RiverAux

Buried in section 303 of S. 1789, "21st Century Postal Service Act", is a proposal to reduce the maximum death benefits allowed CAP members under FECA.

http://www.gpo.gov/fdsys/pkg/BILLS-112s1789is/pdf/BILLS-112s1789is.pdf
Quote(d) DEATH BENEFITS FOR CIVIL AIR PATROL VOLUNTEERS.—Section 8141 is amended—
(1) in subsection (b)(2)(B) by striking ''75 per cent'' and inserting ''662⁄3 percent (except as provided in subsection (c))'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
''(c) If the death occurred before the date of enactment of the Workers' Compensation Reform Act of 2011, subsection (b)(2)(B) shall be applied by substituting '75 percent' for '662⁄3 percent'.''.

Who introduced this stinker?  Sen. Joe Lieberman (CT) supported by Sens. Scott Brown (MA), Thomas Carper (DE), and Susan Collins (ME). 

In his remarks introducing the bill Sen. Lieberman just talks about how it will save the post office money.  I guess I missed us being made the Post Office Auxiliary.

Hey folks up in NE Region -- get on the ball! 

a2capt

Lieberman does begin with another three letter word, you know..

Eclipse

That's ridiculous, for starters, the death benefits paid by CAP in the last 10 years have to be very close to zero, if not
zero.  It's not like we all get anything...

And as you say, how is this related to the USPS?

How would this even come up in conversation, let alone a move to reduce benefits?

BTW - what's it "75%" of?

"That Others May Zoom"

RiverAux

This is the FECA section being referred to in the bill:
QuoteTITLE 5 > PART III > Subpart G > CHAPTER 81 > SUBCHAPTER I > § 8141

§ 8141. Civil Air Patrol volunteers

(a) Subject to the provisions of this section, this subchapter applies to a volunteer civilian member of the Civil Air Patrol, except a Civil Air Patrol Cadet under 18 years of age.
(b) In administering this subchapter for a member of the Civil Air Patrol covered by this section—
(1) the monthly pay of a member is deemed the rate of basic pay payable for step 1 of grade GS–9 in the General Schedule under section 5332 of this title for the purpose of computing compensation for disability or death;
(2) the percentages applicable to payments under section 8133 of this title are—
(A) 45 percent for section 8133 (a)(2) of this title, if the member dies fully or currently insured under subchapter II of chapter 7 of title 42, with no additional payments for a child or children while the widow or widower remains eligible for payments under section 8133 (a)(2) of this title;
(B) 20 percent for section 8133 (a)(3) of this title for one child and 10 percent additional for each additional child, but not to exceed a total of 75 percent, if the member died fully or currently insured under subchapter II of chapter 7 of title 42; and
(C) 25 percent for section 8133 (a)(4) of this title, if one parent was wholly dependent on the deceased member at the time of his death and the other was not dependent to any extent; 16 percent to each, if both were wholly dependent; and if one was or both were partly dependent, a proportionate amount in the discretion of the Secretary of Labor;
(3) a payment may not be made under section 8133 (a)(5) of this title;
(4) "performance of duty" means only active service, and travel to and from that service, rendered in performance or support of operational missions of the Civil Air Patrol under direction of the Department of the Air Force and under written authorization by competent authority covering a specific assignment and prescribing a time limit for the assignment; and
(5) the Secretary of Labor or his designee shall inform the Commissioner of Social Security when a claim is filed and eligibility for compensation is established under section 8133 (a)(2) or (3) of this title, and the Commissioner of Social Security shall certify to the Secretary of Labor as to whether or not the member concerned was fully or currently insured under subchapter II of chapter 7 of title 42 at the time of his death.
(c) The Secretary of Labor or his designee may inform the Secretary of the Air Force or his designee when a claim is filed. The Secretary of the Air Force, on request of the Secretary of Labor, shall advise him of the facts concerning the injury and whether or not the member was rendering service, or engaged in travel to or from service, in performance or support of an operational mission of the Civil Air Patrol at the time of injury. This subsection does not dispense with the report of the immediate superior of the member required by section 8120 of this title, or other reports agreed on under that section.

SARDOC

Great Catch Riveraux.  I'm not in the NER but I'll be contacting my representatives.

RiverAux

QuoteHow would this even come up in conversation, let alone a move to reduce benefits?
There is actually a big section in the bill about FECA stuff (not relating to the USPS) and I imagine someone happened to notice the CAP section.

Major Lord

Yet another excellent incentive not to die! I plan to live forever or die in the attempt....

Major Lord
"The path of the righteous man is beset on all sides by the iniquities of the selfish and the tyranny of evil men. Blessed is he, who in the name of charity and good will, shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who would attempt to poison and destroy my brothers. And you will know my name is the Lord when I lay my vengeance upon thee."

RiverAux

Quote from: Eclipse on December 20, 2011, 02:25:30 AM
for starters, the death benefits paid by CAP in the last 10 years have to be very close to zero, if not
zero. 
Well, close to zero.  We've had a dozen or so CAP deaths over the last decade.  At least a few of them were on missions where they should have gotten FECA coverage. 

Eclipse

I know we've had a few, but the printing costs for this bill are probably more than were paid out.  it certainly isn't something which will an effect on anyone budget, but like all these types of conversations, will have an adverse effect
on member opinion of the respect for their volunteer service.

"That Others May Zoom"

RiverAux

We're certainly on the same page overall, just pointing out that it wasn't zero. 

lordmonar

To be fair.......it is a bill to reduce the deathe benefits for just about every federal employee from 75 to 66 and 2/3 percent.

So CAP input is not going to make much difference.
PATRICK M. HARRIS, SMSgt, CAP

RiverAux

Quote from: lordmonar on December 20, 2011, 04:24:43 AM
To be fair.......it is a bill to reduce the deathe benefits for just about every federal employee from 75 to 66 and 2/3 percent.

So CAP input is not going to make much difference.

Oh, you never know about something like that when dealing with Congress.  Tweak the right ear and who knows what goes into or out of a bill....

RiverAux

Here is what Lieberman says about this portion of the bill:
QuoteIn addition, our bill would help save the Postal Service, and the federal government, money by reforming the federal workers' compensation program — of which 40 percent of all claimants are postal workers — in a humane manner. It would bring federal benefits in line with compensation levels offered under most states' laws and encourage more employees who are able to work to shift back to the workforce.
[/url]
http://www.politico.com/news/stories/1211/70261.html

RADIOMAN015

Quote from: lordmonar on December 20, 2011, 04:24:43 AM
To be fair.......it is a bill to reduce the deathe benefits for just about every federal employee from 75 to 66 and 2/3 percent.

So CAP input is not going to make much difference.

According to this source http://thehill.com/blogs/floor-action/house/186301-house-republicans-lets-end-the-congressional-death-benefit  apparently congressional folks get 1 years pay if they die in office.  So it ranges from $174K to 223.5K depending upon duties/committees etc.   The article discuss some republicans as wanting to do away with that benefit for congress.   Now I think at least it needs to go to 66 2/3% IF the proposed bill to cut CAP death benefits is passed.

I think there's a vast difference between someone who just dies of a non work related illness/injury and someone who is performing a mission for America, unpaid, and dies in the direct performance of their duties e.g. aircraft crash, mail carrier gets shot delivering the mail, border agent is killed, etc.

Hmm, I wonder how that MA wing squadron that marched with Scott Brown awhile back when he was running for office/or just elected now feels ??? >:( :(
RM 


titanII

Quote from: RADIOMAN015 on December 20, 2011, 04:46:45 AM
Hmm, I wonder how that MA wing squadron that marched with Scott Brown awhile back when he was running for office/or just elected now feels ??? >:( :(
RM
Before this year's Memorial Day Parade in Marlborough, several members of my squadron (myself included) shook hands and talked to Senator Brown (for all of 5 seconds) if that's what you're referring to...
No longer active on CAP talk

ProdigalJim

Quote from: titanII on December 20, 2011, 04:55:53 AM
Quote from: RADIOMAN015 on December 20, 2011, 04:46:45 AM
Hmm, I wonder how that MA wing squadron that marched with Scott Brown awhile back when he was running for office/or just elected now feels ??? >:( :(
RM
Before this year's Memorial Day Parade in Marlborough, several members of my squadron (myself included) shook hands and talked to Senator Brown (for all of 5 seconds) if that's what you're referring to...

It still makes you a constituent, and you and your SM leadership would be listened to in a way that out-of-staters would not. Believe me, I speak from 27 years of professional experience in and around Capitol Hill. If you guys were to arrange a visit with him to explain how this is an unnecessarily bad thing for CAP, it might make a difference in his vote, and in how he handles the issue with members of his caucus.

It's worth a phone call to the appointments secretary.
Jim Mathews, Lt. Col., CAP
VAWG/XP
My Mitchell Has Four Digits...

a2capt

The thing that frustrates me the most with the legislative process is this kind of stuff in general. Adding things to bills that have nothing to do with it, using them to find a place to stuff in your pet project.

Especially with the way they all don't read the whole thing. They look for their own interests and skip the rest.  The whole thing should be of related interest only.

Brad

Quote from: a2capt on December 20, 2011, 04:54:10 PM
The thing that frustrates me the most with the legislative process is this kind of stuff in general. Adding things to bills that have nothing to do with it, using them to find a place to stuff in your pet project.

Especially with the way they all don't read the whole thing. They look for their own interests and skip the rest.  The whole thing should be of related interest only.

This. Riders SUCK!!!

And for the record, SC pays out this if I get killed/injured line-of-duty with the fire dept:

Quote$25,000

Line Of Duty Death Benefit

$5,000

Seat Belt Benefit

$10,000

Dependant Child Benefit

$2,500

Bereavement Benefit to the Department

$25,000

Cosmetic Disfigurement from Burns Benefit

$25,000

Covered Illness Death Benefit

$50

Total Weekly Disability Benefit

$50

Partial Disability Weekly Benefit

$50

Transition Benefit

$7,500

Medical Expense Benefit-Injury

$7,500

Medical Expense Benefit-Illness

$1,875

Plastic Surgery Benefit

$20,000

Retraining Benefit

$1,000

Rehabilitation Benefit

$1,000

Family Expense Benefit

$1,000

Mental Stress Management Benefit
(Per Person, Per Incident)

$1,000

Traumatic Incident Benefit
(Per Covered Activity)

Anyone know if there's a similar such table for CAP?
Brad Lee
Maj, CAP
Assistant Deputy Chief of Staff, Communications
Mid-Atlantic Region
K4RMN

lordmonar

GS-9 step 1 gets $41,563/year.
Do the math from there.


PATRICK M. HARRIS, SMSgt, CAP

ZigZag911

I have reliable information that National CC and Executive Director have been told about this and are addressing the issue.