VICTIM COMPENSATON FUND FREQUENTLY ASKED QUESTIONS

VICTIM COMPENSATION FUND FREQUENTLY ASKED QUESTIONS

(Updated April 13, 2004)

Section 5 – Compensation for Deceased Victims

5.1 Who gets the money?

Awards will generally be made to the qualified Personal Representative, who must distribute the

award in a manner consistent with the law of the decedent's domicile, ruling by a court of

competent jurisdiction or at the direction of the Special Master. In some cases, the Special

Master may make provision for separate distributions to comply with a court approved

distribution plan. An example would be payments to a minor that may need to be paid as an

annuity.

In order to assure that the families of Victims receive adequate compensation, the Personal

Representative must provide a proposed distribution plan in the Compensation Form.

Notwithstanding any other provision of these regulations or any other provision of State law, in

the event that the Special Master concludes that the Personal Representative's plan for

distribution does not appropriately compensate the Victim's spouse, children, or other relatives,

the Special Master may direct the Personal Representative to distribute all or part of the award to

such spouse, children, or other relatives.

5.2 How much money can I receive from the Fund?

If you are the Personal Representative of a deceased Victim, you can look at the Presumed Loss

Tables to see an approximation of your presumed award for economic and non-economic loss

(available at

www.usdoj.gov/victimcompensation

or by calling the Helpline for a copy (call

[removed])). The tables are intended to illustrate an average or typical award. Each individual's

award will vary depending on the exact income, the benefits and other compensation that

individual received from his or her employment, the Victim's effective tax rate, and the

household size. The tables include both calculations of presumed economic loss and presumed

non-economic loss. The non-economic loss is presumed to be equal to $250,000 for each

deceased Victim plus an additional $100,000 for the Victim's spouse and each of the Victim’s

dependents. This aggregate amount is added to the presumed economic loss to determine the

entire presumed award for economic and non-economic loss. Additional amounts could be added

such as medical expenses or burial/memorial costs. This total amount will then be reduced by

other sources of compensation, such as government programs or life insurance (but not monies

from privately funded charitable entities), you have obtained or are entitled to obtain.

5.3 How do I figure out from the charts how much I will get?

If you are the representative of a deceased Victim, you can get an approximation of the award by

looking at the compensation tables at (available at

www.usdoj.gov/victimcompensation

or by

calling the Helpline for a copy (call [removed])).

• First, pick the most appropriate chart (for example, if the Victim was married with 1 child,

look at the chart for married Victims with 1 dependent).

• Then, look for the age and income level in the chart that is closest to the age and income

level of the Victim. For income, you should include all elements of income including salary,

tips, bonus, and employer contributions to pension plans and to health insurance plans.

The amount in the appropriate age and income box is the approximate amount of the economic

and non-economic loss for that Victim. The actual amount will vary a bit depending on the age

of the dependent child, for example. To determine the total award, you should add to this amount

any other items of loss, such as burial expenses. Then you should deduct the amount you have

received or are entitled to receive from any collateral source. For example, if you have received

payment from a life insurance company of $25,000 for the Victim's death, you should deduct this

amount from the total. The amount after that deduction is the approximate amount of the award

you should receive.

For questions about the effect of collateral source offsets on compensation awards, see below or

contact the Helpline at [removed] or visit one of the Claimant Assistance Sites.

5.4 Will the awards be subject to Federal estate or Federal income tax?

No. The awards are not subject to Federal income tax and, because of the new legislation, in

most cases they would not be subject to Federal estate tax. The Victims of Terrorism Tax Relief

Act of 2001 (Pub. Law No. 107-134) provides income and estate tax relief to the families of

Victims of terrorism. The law waives the income tax liability of a Victim who died in one of the

attacks for both the year of the attack and the previous year, and ensures that a minimum benefit

of $10,000 is provided to the family of each Victim. In addition, the law shields the first $8.5

million of a Victim’s estate from the Federal estate tax. For example, prior to the new law,

citizens or residents of the United States who died in the September 11, 2001 terrorist attacks,

were able to utilize the maximum state death tax credit allowed for Federal estate tax purposes,

and had made no prior taxable gifts would have had Federal estate tax liabilities as follows:

• A decedent with a Federal taxable estate valued at $2,000,000 would have had a Federal

estate tax liability of approximately $460,650;

• A decedent with a Federal taxable estate valued at $4,000,000 would have had a Federal

estate tax liability of approximately $1,339,850; or

• A decedent with a Federal taxable estate valued at $8,000,000 would have had a Federal

estate tax liability of approximately $3,047,050.

As a result of the new law, no Federal estate tax would be due in each case.

5.5 What is non-economic loss?

Each person who was killed or injured in the September 11 attacks suffered grievous harm, and

each person experienced the unspeakable events of that day in a unique way. Some Victims

experienced terror for many minutes, as they were held hostage by terrorists on an airplane or

trapped in a burning building. Some Victims had no warning of what was coming and died

within seconds of a plane hitting the building in which they worked. While these circumstances

may be knowable in a few extraordinary circumstances, for the vast majority of Victims these

circumstances are unknowable.

After extensive fact finding, public outreach, and review of public comments, the Special Master

and the Department have concluded that the most rational and just way to approach the

imponderable task of placing a dollar amount upon the pain, emotional suffering, loss of

enjoyment of life, and mental anguish suffered by the thousands of Victims of the September 11

attacks is to assess the non-economic losses for categories of claimants. The most obvious

distinction is between those who died and those who suffered physical injury but survived. The

regulations therefore set a presumed award for non-economic losses sustained. For those Victims

who died as a result of the September 11 aircraft crashes, the presumed non-economic losses will

be $250,000, plus an additional $100,000 for the spouse and each dependent of the deceased

Victim. That $250,000 figure is roughly equivalent to the amounts received under existing

federal programs by public safety officers who are killed while on duty, or members of our

military who are killed in the line of duty while serving our nation. See 38 U.S.C. §1967

(military personnel); 42 U.S.C. § 3796 (Public Safety Officers Benefit Program). The latter

figures -- $100,000 for the spouse and each dependent -- include a non-economic component of

"replacement services loss."

5.6 What amount is provided for non-economic loss?

For those Victims who died as a result of the September 11 aircraft crashes, the presumed non-

economic losses will be $250,000, plus an additional $100,000 for the spouse and each

dependent of the deceased Victim.

5.7 The Victim had an income that was greater than $231,000. How do I determine the

award?

The presumed award methodology will calculate awards based on income up to $231,000. The

regulations provide that for persons who made more than the top 2 percent of persons in the

United States, the Special Master will compute a presumed award that assumes that the Victim

would have made the amount equal to $231,000 (plus standard increases) for the rest of his or

her working life. In extending the presumed awards only up to the 98

percentile, we merely

recognized that the calculation of awards for many Victims with extraordinary incomes beyond

the 98

percentile could be a highly speculative exercise and that, moreover, providing

compensation above that level would rarely be necessary to ensure that that the financial needs

of a claimant are met. Calculation of an award beyond that point using the presumed award

methodology without a detailed record could very well produce inappropriate results.

Accordingly, we permitted applicants with extraordinary prior earnings to accept awards at the

percentile or seek calculation of an award based upon more detailed record. We also note

that the Special Master has express authority under the Act to consider the “individual

circumstances of the claimant” in fashioning awards, including the financial needs of Victims

and surviving families in rebuilding their lives. As indicated, the Special Master will strive to

deliver a fair and equitable sum to each eligible claimant.

5.8 What does it mean to have a presumed award, and what if I feel I can prove that

the Victim would have earned more than $231,000?

Any claimant may seek review of the presumed award or may request a hearing immediately. If

a claimant seeks review of a presumed award, the Special Master may consider a range of

information, including demographic information on retirement trends for high wage earners, the

individual's historical expenses, savings, and any other factors he deems relevant, including

economic trends, information available from the Bureau of Labor Statistics, the Census Bureau

and other entities on average income and retirement age for the Victim's profession or for the

Victim's former employer.

5.9 Is there a minimum award? Does this mean someone could get no payment at all?

The regulations provide that the minimum amount of presumed economic and non-economic

loss, before subtracting amounts for "other sources," will be $300,000 for single deceased

Victims and $500,000 for any deceased Victim who has one or more dependents or is married.

There is no minimum for persons suffering injury.

The Act does not permit the Special Master to create a mandatory legal rule requiring minimum

payouts for all eligible after collateral source deductions. Nevertheless, the Special Master is

permitted to consider the individual circumstances of each claimant, including the needs of the

Victim’s family. The Special Master has announced his expectation that, when the total needs of

deceased Victims’ families are considered, it will be very rare that a claimant will receive less

than $250,000, except in unusual situations where a claimant has already received very

substantial compensation from collateral sources.

5.10 If the award distribution is based on State law, will that mean that different

distributions will occur depending on where the Victim lived?

Yes. It is certainly possible that there will be different distribution schemes in different states.

5.11 How are burial/memorial costs handled?

This loss shall be calculated on a case-by-case basis, using documentation and other information

submitted by the Personal Representative and includes the burial/memorial costs that were not

reimbursed.

5.12 In estimating the presumed economic and non-economic awards, how do I use the

existing charts to compute an award amount if there are more than 2 dependents?

Use the table entitled "Presumed Economic and Non-Economic Loss For a Married Decedent

With 2 Dependent Children." Look up the amount of estimated award based on the compensation

and age of the decedent. The actual impact of dependents greater than 2 will vary with each

computation based on the compensation level of the decedent and ages of the family members.

However, for estimation purposes, increasing the award amount on the table entitled "Married

Decedent With 2 Dependent Children" table by 1% for each additional dependent child beyond

the first 2 children will provide a reasonable estimate of the economic impact of additional

dependents.

To calculate the non-economic award for additional dependents, add an additional $100,000 for

each dependent beyond the third dependent. Add this amount to the total computed above.

You should then deduct the amount you have received or are entitled to receive from any

collateral sources as described above.

5.13 Would you provide more information about the procedures for calculating the

presumed economic loss?

Please look at the detailed information provided in the Presumed Economic and Non-Economic

Loss Tables. You can find these on the web site, or you can call the Helpline at [removed] to get

a copy.

The calculation of presumed economic loss will use the following procedures and assumptions

for death claims:

1. Establish the Victim’s age and compensable income.

Income will be determined based on

the claimant’s submissions. Generally, the Special Master will consider the past three years

of income data. For some cases the most recent year will be the primary basis of the award --

other claims may require analysis of trends adjusted to current dollars. The Special Master

adopted this approach as the one likely to be more favorable to claimants because it relies on

recent salaries which were relatively high during the past few years.

2. Determine after-tax compensable income by applying the average effective combined

Federal, State and local income tax rate for the Victim’s income bracket currently applicable

in the State of the Victim’s domicile for tax purposes, state and locality. The Special Master

will consider the Victim’s tax returns as well as effective income tax rates derived from

published Internal Revenue Service (IRS) data on selected income and tax items for

Individual Income Tax Returns by State.

Effective income tax rates derived from IRS data

for New York are attached as Table 1.

3. Add the value of employer provided benefits. These benefits will be set at actual levels if

data are provided. If the claimant does not provide data, the pension is assumed at 4% of

pension-eligible compensable income and medical benefits are assumed to be $2,400 per year

in current year dollars and will be adjusted for applicable inflation. (To prepare the presumed

award tables, the Special Master assumed that individuals would have benefits equal to 4% of

compensable income and medical benefits of $2,400 per year.)

4. Determine a measure of the Victim’s expected remaining years of workforce participation

using the tabulated work-life expectancies for the Victim’s age contained in the publication

Income up to the IRS 98

percentile of wage earners is considered. This income level was $231,000 for the year

2000.

Average combined effective income tax rates by earnings bracket were calculated based on an analysis of IRS

data for the most recent tax years available: 1997, 1998 and 1999. In consideration of future income tax rate

reductions and other tax reforms included in the Economic Growth and Tax Relief Reconciliation Act of 2001

(HR 1836) signed by President Bush on June 7, 2001, the calculated average combined effective income tax rates

were reduced by an estimated 5%. It is recognized that HR 1836 actually provides for smaller graduated rate

reductions beginning July 2001 through 2006 and remaining in effect only through 2010. The one-time

immediate reduction of 5%, assumed to remain in effect for all future years, including years beyond 2010, was

applied to facilitate projections and eliminate speculation as to future tax law modifications.

"A Markov Process Model of Work-Life Expectancies Based on Labor Market Activity in

1997-1998," by James Ciecka, Thomas Donley, and Jerry Goldman in the Journal of Legal

Economics, Winter 1999-2000. These are the most recent and generally accepted tables of

work-life expectancy regarding the general population available.

Work-life expectancies are based on actual experiences and behavior of the general

population and measure the estimated remaining time in years an individual a given age will

be in the labor force (either employed or actively seeking work), allowing for age-specific

mortality risks and rates of workforce transitions. The Special Master will use the expected

work-life for “All Active Males” to compute expected remaining years of workforce

participation for both male and female Victims. These work-life expectancies are attached as

Table 2. Because published estimated work-life expectancies by gender are lower for women

than men, this specification increases the duration of estimated foregone earnings, and thus

presumed economic losses, for female Victims and was implemented by the Special Master

to accommodate for potential increases in labor force participation rates of women.

5. Project compensable income and benefits through the Victim’s expected work-life using

growth rates which incorporate an annual inflationary or cost-of-living component, an annual

real overall productivity or scale adjustment in excess of inflation, and an annual real life-

cycle or age-specific increase derived using data on average full-time year round earnings by

age bracket from the March 2001 Current Population Survey (CPS), a monthly survey of

households conducted by the Bureau of the Census for the Bureau of Labor Statistics. This

survey is widely recognized as the primary source of data on employment status and

workforce characteristics of the civilian non-institutional population ages 16 years and older.

Because age-specific observed life-cycle increases for all males were higher than observed

life-cycle increases for both men and women combined, the Special Master elected to

incorporate the life-cycle increases for males into earnings growth for all Victims, both male

and female.

Independent of life-cycle increases, inflation and real overall productivity increases of 2%

and 1%, respectively, were applied each year. These rates of increase are consistent with the

long-term relationship between economy-wide wage growth and risk-free interest rates,

which currently reflect lowered inflationary expectations.

A schedule containing age-

specific earnings growth rates reflecting the combined inflation, overall productivity and life-

cycle increases is attached as Table 3. The Special Master has determined that individual

age-specific growth rates, rather than growth dependent on a particular age bracket at death,

better reflects the expected pattern of earnings over one’s career

and results in more

An examination of real life-cycle earnings growth for males by education level revealed that career real life-cycle

increases computed for all males across education levels mimicked the career earnings profile of the highest

educated group. For this reason, the Special Master elected to apply the growth pattern for all males for the sake

of consistency and to better advantage all claimants.

The assumed 1% annual real overall productivity increase also agrees with assumed ultimate long-term annual

average covered real-wage differentials used by the Board of Trustees of the Social Security Trust Funds to

project the financial condition of the trust funds.

Real life-cycle increases are typically higher in the earlier stages of one’s career, one reason being unrealized

opportunities for advancement and promotion that individuals in later stages of their careers have already

experienced. During the course of an individual’s career, the rate of annual real life-cycle growth tends to

gradually decline until a peak real earnings level is attained. Although CPS and other data used to study lifetime

equitable and consistent projections for Victims close to each other in age with otherwise

similar family and employment characteristics.

6. To better reflect contingencies that the Victims would have faced, all future earnings

amounts are adjusted for a factor to account for the risk of unemployment because lifetime

jobs are not representative of the modern economy. This adjustment is made because work-

life expectancies are based on years of expected workforce participation, which, as defined

by the Bureau of Labor Statistics, include periods an individual is either working or seeking

work. Historical unemployment rates were examined and a comparatively low reduction

factor of 3% was applied to presumed earnings to account for this risk.

7. Subtract from annual projected compensable income and benefits, the Victim’s share of

household expenditures or consumption as a percentage of income, using expenditure data by

income level obtained from “Table 2. Income before taxes: Average annual expenditures and

characteristics, Consumer Expenditure Survey, 1999,” published by the Bureau of Labor

Statistics (BLS). This subtraction is a standard adjustment in evaluating loss of earnings in

wrongful death claims because some amount of the income the Victim would have

contributed to the household would have been consumed personally by the deceased and not

available to other household members. A Victim's expenditures were calculated as a share,

based on household size, of certain expenditure categories. For married or single with

dependents, these expenditure categories include Food, Apparel & Services, Transportation,

Entertainment, Personal Care Products and Services, and Miscellaneous. For single without

dependents, Housing, Education and Health are also included.

For lower income categories

where total expenditures exceed income, expenditures were scaled to income, so as not to

reduce income for expenses potentially met by other forms of support. This approach was

intended to avoid a penalty to the claimant. Table 4 shows calculated consumption rates by

income bracket and for various household sizes.

In determining household size, children were assumed to remain in the household through

age 18. Consumption rates calculated using alternative techniques were considered but found

to produce higher personal consumption rates and were not ultimately used to determine

Victim’s household consumption offset.

Although the consumption rates determined from

BLS data actually represent household expenditures as a percent of before-tax household

income, the actual consumption reduction used to determine the Victim’s personal

expenditures was calculated as a percent of lower after-tax income, which significantly

reduces the resulting offset. In addition, the Victim’s consumption is determined as a share

of the Victim’s own earnings only, rather than the standard share of total household earnings.

earnings profiles indicate that peak real earnings typically decline at some point, in calculating life-cycle earnings

growth in excess of inflation and overall productivity adjustments for Victims, the Special Master has assumed

that peak earnings are maintained.

Application of individualized unemployment rates by age or occupation was infeasible and determined to be

unnecessary. An examination of trends in unemployment rates demonstrated that the 3% adjustment factor

utilized was low by historical standards.

Other standard expenditure categories sometimes included in litigation, namely Reading, Cash Contributions,

Alcoholic Beverages, and Tobacco Products, were excluded.

These alternative techniques included an analysis of BLS data on household expenditures reported by household

size, with expenditure categories allocated equally among household members or allocated according to the

methodology suggested by authors Robert Patton & David Nelson in their 1991 Journal of Forensic Economics

article, “Estimating Personal Consumption Costs in Wrongful Death Cases.”

This further lessens the resulting subtraction, compared to personal consumption offsets

typically applied in litigation, if there are other earners in the household.

8. Calculate the present value of projected compensable income and benefits using discount

rates based on current yields on mid- to long-term U.S. Treasury securities, adjusted for

income taxes using a mid-range effective tax rate.

Because the period of presumed

economic losses is either longer or shorter, depending on the Victim’s age, the present value

calculations are performed using yields on a blend of securities with longer or shorter times

to maturity. For computational efficiency, three blended after-tax discount rates were used,

depending on the Victim’s age as of date of death, and assumed to apply for all years

forward. These rates are shown on Table 5, attached.

9. The computation methodology adopts a number of assumptions implemented to facilitate

analysis on a large scale. When viewed in total, these assumptions are designed to benefit the

claimants and are more favorable than the standard assumptions typically applied in

litigation. For example, the Special Master considered that over the course of their projected

careers, younger Victims could expect to cross into higher income brackets, and be subject to

corresponding higher income tax rates, on account of experience-based real lifetime earnings

growth in excess of economy-wide national wage increases. To calculate presumed

economic losses, however, whatever income tax rate corresponded to the Victim’s

determined compensable income bracket as of date of death was assumed to apply for the

remainder of the Victim’s career, without increase. Likewise, the calculations of presumed

economic losses also assume that the personal consumption percent corresponding to the

Victim’s determined compensable income bracket as of date of death applies for the

remainder of the Victim’s career, without decrease. It was determined that the net effect of

these and other facilitating assumptions was to increase the potential amount of presumed

economic loss to the benefit of the claimant.

The tax rate used to determine after-tax interest rates is the computed combined Federal, State and Local income

tax rate of 18.44% for New York for the $70,000 earnings bracket. Although it is recognized that a different

after-tax interest rate could theoretically be calculated for each age, income, and state combination, such a

computation was impracticable for the large-scale valuations to be undertaken here. It was determined that the

benefit to the claimants of calculating the Victim’s personal consumption offset as a percent of after-tax individual

earnings more than outweighed the potential effect of discounting future amounts by income-specific after-tax

discount rates. Moreover, computation of the after-tax discount rate using a relatively high combined New York

income tax rate, compared to other states, results in a lower after-tax discount rate. The lower the after-tax

discount rate, the higher the present value of presumed economic loss.

The blended discount rates, before tax adjustment, shown on Table 5 imply real interest rates in excess of

inflation of 3.1%, 2.8%, and 2.2%, depending on the average time to maturity consistent with the average duration

of presumed losses.

Table 1

Presumed Future Effective Combined Federal, State and Local Income Tax Rates for New York

Income

$ 10,000 $ 20,000 $ 25,000 $ 30,000 $ 35,000 $ 40,000 $ 45,000 $ 50,000 $ 60,000

5.27% 8.50% 10.46% 12.25% 14.03% 14.72% 15.41% 16.10% 17.27%

$ 70,000 $ 80,000 $ 90,000 $ 100,000 $ 125,000 $ 150,000 $ 175,000 $ 200,000 $ 225,000

18.44% 19.50% 20.55% 21.60% 25.00% 26.35% 27.70% 29.05% 30.39%

Note

Calculated from data reported in United States Selected Income and Tax Items for Individual Income Tax

Returns: Forms 1040, 1040A & 1040EZ for Tax Years 1997, 1998 and 1999 (files 97IN33NY.XLS,

98IN33NY.XLS and 99IN33NY.XLS obtained from the IRS website www.irs.gov). Rates shown reflect a

reduction of 5% from the reported data.

Table 2

Expected Remaining Years of Workforce Participation

All Active

Age Males

33.63

29.36

25.04

20.78

16.65

12.64

8.97

5.97

4.20

Source: "A Markov Process Model of Work-Life Expectancies

Based on Labor Market Activity in 1997-98," by James Ciecka,

Thomas Donley and Jerry Goldman in the Journal of Legal

Economics, Winter 1999-2000.

Table 3

Presumed Age-Specific Earnings

Growth Rates

(Including Life-Cycle, Inflation, and Overall

Productivity Increases)

Age Earnings Growth Rate

9.744%

9.580%

9.419%

9.263%

9.055%

8.847%

8.640%

8.434%

8.227%

8.021%

7.816%

7.611%

7.406%

7.201%

6.997%

6.794%

6.591%

6.388%

6.185%

5.983%

5.781%

5.580%

5.379%

5.179%

4.979%

4.779%

4.579%

4.380%

4.182%

3.984%

3.786%

3.588%

3.391%

3.194%

52+

3.000%

Note: Nominal percentage changes assume annual inflation or

cost of living increases of 2.0% plus overall productivity

adjustments of 1.0% per year. The underlying real life-cycle

percentage change is calculated using a regression analysis of

log of total earnings on experience and experience squared using

earnings for full-time year-round male workers from the 2001

Current Population Survey (CPS) table PINC-04

Table 4

Decedent's Personal Expenditures or Consumption as Percent of Income

Income

$ 10,000 $ 20,000 $ 25,000 $ 30,000 $ 35,000 $ 40,000 $ 45,000 $ 50,000 $ 60,000

Single 76.4% 74.6% 73.5% 71.6% 68.0% 64.4% 63.5% 62.6% 61.7%

Single, 1 dependent child 21.6% 21.6% 21.6% 21.6% 20.6% 19.7% 19.0% 18.3% 17.8%

Married, no children 30.7% 28.3% 26.7% 26.7% 24.7% 22.8% 20.5% 18.3% 17.8%

Married, 1 dependent child 19.0% 17.6% 16.9% 16.9% 15.9% 14.9% 13.6% 12.4% 12.1%

Married, 2 dependent children 13.6% 12.8% 12.5% 12.5% 11.8% 11.1% 10.2% 9.4% 9.1%

$ 70,000 $ 80,000 $ 90,000 $ 100,000 $ 125,000 $ 150,000 $ 175,000 $ 200,000 $ 225,000

Single 60.8% 53.5% 48.0% 48.0% 48.0% 48.0% 48.0% 48.0% 48.0%

Single, 1 dependent child 17.4% 15.1% 13.7% 13.7% 13.7% 13.7% 13.7% 13.7% 13.7%

Married, no children 17.4% 14.5% 12.5% 12.5% 12.5% 12.5% 12.5% 12.5% 12.5%

Married, 1 dependent child 11.8% 9.9% 8.7% 8.7% 8.7% 8.7% 8.7% 8.7% 8.7%

Married, 2 dependent children 8.9% 7.6% 6.7% 6.7% 6.7% 6.7% 6.7% 6.7% 6.7%

Table 5

Assumed Before-tax and After-tax Discount Rates

Before-Tax After-Tax

Age of Victim Discount Rate Discount Rate

35 & Under 5.1% 4.2%

36-54 4.8% 3.9%

55 & Over 4.2% 3.4%

Note:

The present value of presumed economic loss is calculated by applying the after-tax discount rate

corresponding to the victim's age at death to all future periods. For example, projected

earnings and benefits for a victim who was 30 years old at the time of death will be discounted to

present value at 4.2% per year for all future years, and projected earnings and benefit for a

45-year-old victim will be discounted to present value at 3.9% per year for all future years.

5.14 What do the Presumed Economic and Non-Economic Loss Tables mean?

The economic loss tables are intended to illustrate an average or typical award before collateral

sources are offset. Each individual’s award will vary depending on the exact income, the

benefits and other compensation that individual received from his or her employment, the

Victim’s effective tax rate, and the household size. The tables should be used as a guide to get a

general understanding of the size of the typical award for presumed economic and non-economic

loss.

5.15 What is economic loss? How is economic loss determined?

Economic loss is an estimate of the compensation that would have been available to the family if

the tragedy had not occurred. Please look at the economic loss tables for additional information

on how presumed awards for economic loss are calculated. These tables cover deceased Victims

only.

5.16 What do I do if the age of the Victim is not on the presumed economic loss table?

For example, if the Victim was more than 65 years old?

If the Victim was older than 65, or between 18 and 25, you should call the Helpline at [removed]

and ask for an estimate. If the Victim was younger than 18, please refer to FAQ 5.17.

5.17 How will the methodology calculate the economic loss for a victim that was a child?

The regulations specify that victims who were minors will be compensated based on the average

of all wage earners in the US. The average income for all wage earners in 2000 was $32,864.

The methodology assumes that the economic loss calculation begins immediately as if the minor

Victim was 20 years old as of September 11, 2001. The same economic loss calculation

methodology will otherwise be employed. Thus, the presumed economic and non-economic loss

amount would be approximately $803,000.

5.18 How will the economic loss be calculated for Victims who were retired or not

working?

The Special Master will calculate an award based on the economic value of replacement services

using standard values as provided by relevant studies, or similar approaches.

5.19 Can you define replacement service as used in Section 104.43?

Replacement service means the value of household services the decedent provided to the

household. This will be used for deceased Victims who were not working at the time of the

tragedy. Replacement services will also be considered on a case-by-case basis as part of the

hearing process, should claimants elect that option.

5.20 How should work history be treated if Victim had less than three years of work

history (or if there was a break in work)?

The Special Master will consider all relevant factors in determining the appropriate level of

earnings for calculating economic loss. If there is less than a three-year work history, the Special

Master will consider the data that are available possibly in conjunction with industry or

employer-specific information.

5.21 How will the Special Master determine the amount of my collateral source

benefits?

The Act defines collateral sources to mean all such sources, including life insurance, pension

funds, death benefit programs and payments by Federal, State, or local governments related to

the terrorist-related aircraft crashes of September 11, 2001. The Act and the Rule require the

Special Master to reduce the total amount of compensation by the amount of the collateral

source compensation the Victim’s beneficiaries has received or is entitled to receive as a result

of the terrorist-related aircraft crashes.

The Special Master will exercise discretion in valuing the appropriate deductions for collateral

offsets including by determining:

1. Whether the particular offsets fall within the definition of collateral sources;

2. Whether beneficiaries of the Fund are “entitled” to receive compensation from those

collateral sources;

3. Whether the collateral source compensation is certain or can be computed with sufficient

certainty to enable its deduction while ensuring that the beneficiaries receive the total

compensation that is appropriate; and

4. The appropriate amount of the compensation that should be deducted, taking into account the

time value of money and contributions made before death by the Victim in the nature of

investment or savings.

5.22 What may be excluded from the definition of a “collateral source” benefit?

While it is not possible to define in advance every possible collateral source deduction, a few

general illustrations should provide guidance.

1. The Special Master has discretion to exclude from consideration life insurance proceeds that

are distributed to persons other than the beneficiaries of this Fund.

2. The Special Master has the discretion to adjust the amount of offsets to exclude premiums or

assets that were accumulated by the Victim through self-contributions paid into a life

insurance program to build up a tax-deferred cash value.

3. The Special Master may reduce the amount of the offset for a pension to take account of self-

contributions to that plan over the decedent’s lifetime.

4. The collateral source offsets will not include monies or other investments in Victim’s 401(k)

accounts.

Moreover, the Final Rule provides that tax benefits received from the Federal government as a

result of the enactment of the Victims of Terrorism Tax Relief Act of 2001 (Pub. Law No. 107-

134) will not be treated as collateral source compensation. (See also FAQ 5.23).

5.23 Are tax benefits received from the Federal government as a result of the enactment

of the Victims of Terrorism Tax Relief Act of 2001 treated as collateral source

compensation?

The Victims of Terrorism Tax Relief Act of 2001 provides very substantial relief to many

Victims, and that relief will not be treated as collateral source compensation for purposes of

determining awards from the Fund.

5.24 How will the Special Master calculate the appropriate offset for “contingent”

benefits?

Some survivors may be eligible for benefits or payments from certain programs that

provide periodic payments subject to adjustment or termination depending on potential

future events that cannot be predicted. Examples include Social Security survivor benefits

to the spouse of the Victim. Such benefits are paid only under certain conditions and only

for certain periods of time. Further, the benefits are paid periodically over a period of

years.

Where the benefits to be paid due to death of the Victim are uncertain, unpredictable or

contingent on unknown future events, the amount of compensation to which the survivor is

entitled can be impossible to compute with accuracy. In those instances, the Special

Master has discretion not to require a full deduction where the amount of the collateral

source compensation cannot be determined with reasonable certainty.

Thus, for example, the Special Master has determined that workers’ compensation benefits that

are payable only if the spouse does not re-marry will only be offset to the extent they have

already been paid. Likewise, Social Security and similar benefits payable to a surviving spouse

only if the spouse does not re-marry or does not earn income above a certain threshold will be

offset only to the extent they have already been paid. By contrast, survivor benefits from the

Social Security Administration and from the military to children of Victims — who generally are

entitled by law to periodic payments until they reach the age of 17 or 18 — can be reasonably

computed and will be offset.

5.25 Will collateral offsets that are paid periodically be reduced for the time value

of money?

Yes. The Special Master will only offset the present value of collateral source

compensation. This has the effect of decreasing offsets and, thus, increasing the amount of

awards. As an example, in the case of Social Security children’s benefits, the Special

Master would determine the monthly benefit to the child, multiply that benefit by the

number of months remaining until the child reaches age 18 (taking into account possible

limits such as maximum family benefits available), include — if consistent with Social

Security guidelines — a factor for inflation, and then discount the total to present value to

determine the amount of the offset. (See also FAQs 5.35 and 5.38.)

5.26 Are charitable gifts offset? Will a benefit from a charity managed by a

government agency be considered as a collateral offset?

No. The Final Rule clarifies that benefits from charities (privately-funded charitable entities)

disbursing private donations will not be treated as collateral source compensation, even if such

charities were created or managed by governmental entities.

5.27 Will my workers’ compensation be treated as a collateral offset?

The Special Master has determined that workers’ compensation benefits that are contingent on

future events will only be offset to the extent they have already been paid.

5.28 Will my social security survivor benefits that I am receiving for myself as a

surviving spouse and for my children be counted as a collateral offset?

Social Security and similar benefits payable to a surviving spouse only if the spouse does not re-

marry or does not earn income above a certain threshold will be offset only to the extent they

have already been paid. Survivor benefits from the Social Security Administration and from the

military to children of Victims — who generally are entitled by law to periodic payments until

they reach the age of 17 or 18 — can be reasonably computed and will be offset.

5.29 Will the money the Victim spent on premiums for his/her life insurance plan

be included in the offset?

The Special Master has discretion to adjust the amount of offsets to exclude premiums or assets

that were accumulated by the Victim through self-contributions paid into a life insurance

program to build up a tax-deferred cash value.

5.30 Will the money the Victim contributed to his/her pension be included in an

offset?

The Special Master may reduce the amount of the offset for a pension to take account of self-

contributions to that plan over the decedent’s lifetime.

5.31 How can I find out more about how collateral offset rules will effect my claim?

Potential applicants can meet with the Special Master or his representative consultants in order

to advise such applicants whether particular types of benefits or payments will fall within the

definition of “collateral source compensation,” and how such types of collateral sources will be

valued.

To be clear, this consultation will focus on broad categories of benefits and will not provide

applicants with a precise determination of their eventual award. The determination of an

appropriate award requires a deliberative review of a Victim’s file, including the types of

detailed financial records that the application requires.

5.32 How have non-economic damage awards changed?

The presumed non-economic losses awards for decedents in the Final Rule are $250,000, plus an

additional $100,000 for the spouse and each dependent of the deceased Victim.

5.33 How have the presumed economic damage awards changed?

The Final Rule makes some important changes that will increase the amount of compensation in

the Special Master’s presumed award charts. Overall, it is important to understand that the basic

factor that affects the economic loss analysis is the Victim’s own data: each presumed award will

be calculated using the Victim’s data regarding actual compensation, including fringe benefits

and forms of compensation and effective tax rate. It is also important to emphasize that the

presumed award methodology is intended to make possible the computation of a large number of

awards without the review of detailed data that might typically be employed in a lengthy

economic loss analysis in an individual case. To achieve this objective, the Special Master

specifically adopted assumptions that are intended to be favorable to claimants and to enable

prompt analysis and payment.

5.34 Are the presumed economic awards gender and race neutral?

Yes. The Special Master’s original presumed economic loss methodology relied upon expected

work life data from the publication “A Markov Process Model of Work-Life Expectancies Based

on Labor Market Activity in 1997-1998,” by James Ciecka, Thomas Donley, and Jerry Goldman

in the Journal of Legal Economics, Winter 1999-2000. Contrary to the assertions of some

commentators, the Special Master did not use data from the 1970s; rather, the study was

conducted in 1997 and 1998. Also, the Special Master’s original presumed award methodology

did not, as some suggested, discriminate against women. Rather, the original methodology relied

upon the same assumptions for men and women – the combined average of All Active Males and

All Active Females. However, in order to increase awards for all claimants by maximizing the

duration of expected foregone earning and accommodating potential increases by women in the

labor force, the Special Master’s revised presumed economic loss methodology uses the most

general data available. Specifically, the new methodology used the All Active Males table for all

claimants. The methodology is gender and race neutral.

5.35 How do the presumed economic awards account for inflation and wage growth?

The Special Master has adjusted the wage growth assumptions to growth rates that incorporate

annual adjustments for inflation, productivity in excess of inflation and life cycle increases using

data from the March 2001 Current Population Survey conducted by the Bureau of the Census for

the Bureau of Labor Statistics. For life cycle increases, the Special Master is applying the higher

age-specific life cycle increases (those for males) for all claimants. For inflation and

productivity increases, the Special Master has applied rates of 2 percent and 1 percent,

respectively. These rates are consistent with the long-term relationship between wage growth

and risk-free interest rates. The net effect of this adjustment is to better represent the expected

earning patterns of the Victims over their expected careers.

5.36 How will the economic awards reflect a Victim’s “personal consumption” of

earnings? Will personal consumption be calculated before taxes or after taxes?

As with the original presumed award calculations, the Special Master subtracts from the annual

projected compensable income the Victim’s “consumption” as a percentage of after-tax income

instead of before-tax income. While the consumption adjustment is standard, the application of

the adjustment to after-tax income lowers the amount of the consumption offset below the

amount that would typically apply in an economic loss calculation. In addition, as with the

initial model, the Special Master’s assumptions eliminate some of the components typically used

in estimating consumption, thereby further limiting the consumption deduction.

5.37 Do the presumed economic awards account for the risk of future unemployment?

Yes. To better reflect typical life cycle earnings expectation, the Special Master has incorporated

into the calculation a factor to account for risk of unemployment — again, a common factor in

the calculation of future lost earnings.

5.38 How will the Special Master evaluate the “present value” or “time value of

money?”

The Special Master has elected to use three blended after-tax discount rates to compute the

present value of the award and has adjusted the discount rate to reflect current yields on mid- to

long-term U.S. Treasury securities. The after tax rates are:

• For Victims 35 and under, 4.2 %;

• For Victims 36-54, 3.9 %; and

• For Victims 55 and over, 3.4%.

The blended discount rates, before tax adjustment, imply real interest rates in excess of inflation

of 3.1%, 2.8%, and 2.2%, depending on the average time to maturity consistent with the average

duration of presumed losses. Although this adjustment creates a more complex computational

process, the Special Master believes that the effect will be to better reflect the different ages of

the Victims and the fact that the survivors will receive awards reflecting different assumed future

years of work life. Future collateral offsets that are not contingent on future events are

discounted at the long-term before-tax presumed annual discount rate of 5.1%.

5.39 Is there a “cap” on economic damages?

No. The “presumed awards” methodology addresses incomes only up to the 98

percentile. In

extending the presumed awards only up to the 98

percentile, we merely recognized that

calculation of awards for many Victims with extraordinary incomes beyond the 98

percentile

could be a highly speculative exercise and that, moreover, providing compensation above that

level would rarely be necessary to ensure that the financial needs of a claimant are met.

Calculation of an award beyond that point using the presumed award methodology without a

detailed record could very well produce inappropriate results. Accordingly, we permitted

applicants with extraordinary prior earnings to accept awards at the 98

percentile or seek

calculation of an award based upon a more detailed record. We also note that the Special

Master has express authority under the Act to consider the “individual circumstances of the

claimant” in fashioning awards, including the financial needs of Victims and surviving families

in rebuilding their lives. As indicated, the Special Master will strive to deliver a fair and

equitable sum to each eligible claimant.

5.40 What is included in the definition of income for military personnel?

The Interim Final Rule has been amended to clarify the Special Master’s discretion to consider

on a prorated basis a Victim’s income from 2001 as well as published salary scales for

government or military employees. In addition, the Interim Final Rule is amended to clarify that

military service members' and uniformed service members’ compensation includes all of the

various components of compensation, including, but not limited to, basic pay (BPY), basic

allowance for housing (BAH), basic allowance for subsistence (BAS), Federal income tax

advantage (TAD), overtime bonuses, differential pay, and longevity pay.

5.41 What will be offset against the awards for deceased military Victims?

1. The $6,000 death gratuity will be offset.

2. The rent-free government housing for 180 days or the tax-free allowance for housing for 180

days will not be offset. This is not considered a survivor benefit but is instead the military’s

effort to not cut off for a defined period of time the housing that was provided to the families

of military as part of the deceased service person’s compensation.

3. The life insurance purchased automatically by service members ($250,000 automatic that can

be declined) will be offset.

4. Dependency and Indemnity Compensation (DIC) will not be offset as to the spouse because

it is contingent on remaining unmarried. It will be offset as to the children who receive this

flat rate of $234 per month for each child until age 18 regardless and without any

contingencies. This amount will change in family structures where there is no surviving

spouse.

5. Uniform Services Survivor Benefit Plan (SBP) will not be offset because it is contingent on

remaining unmarried until age 55. If a spouse is 55 or over, it is not contingent upon

remaining unmarried; so if there are any such spouses, it will be offset because it is no longer

contingent. To the extent the SBP is payable to children, the net amount payable will be

offset. (Note that SBP will only be applicable if the amount is greater than the DIC since the

DIC is offset against the SBP.)

6. Unused leave will not be offset under the same theory as not cutting off free housing for 180

days.

7. Health benefits are available to un-remarried spouse and minor dependents for three years —

not offset because contingent or not quantifiable.

5.42 How can I determine if someone who is not listed on the Victim’s 2000 Federal tax

return could have been claimed as a dependent?

The Special Master will use the Internal Revenue Service's definition of dependent. The IRS

applies five dependency tests:

• Member of household or relationship test

• Citizen or resident test

• Joint return test

• Gross income test

• Support test

Please note that for purposes of determining dependency under the Fund, the Special

Master will not apply the “citizen or resident test.” Therefore, a person who is not a citizen

or national of the United States, resident alien, or a resident of Canada or Mexico may

nevertheless be considered a dependent under the Fund. All four other tests must be

satisfied. Please refer to IRS Publication 501, Exemptions, Standard Deductions, and

Filing Information, beginning on page 9, for more information on who qualifies as a

dependent. You can find this form from the IRS website at

http://www.irs.gov

5.43 Do siblings of the Victim need to be notified that a claim is being filed? (see Exhibit

B of Compensation Form)

Yes. The definition of immediate family includes brothers and sisters of the Victim. Siblings

are listed on Exhibit B of the Compensation Form for Deceased Victims.

5.44 What benefits payable to survivors of NYPD or FDNY victims will be

considered collateral offsets?

The Fund will count as collateral source compensation subject to offset the following:

a. The present value of the survivor pension benefit to the extent it exceeds the present

value of the victim’s vested pension as of Sept. 11, 2001.

b. The present value of children’s social security benefits (if applicable).

c. Life Insurance, including both privately purchased policies and policies provided by the

City or Department net of premiums paid by the victim or beneficiary and net of funds

invested in such vehicles by the victim or beneficiary.

d. Mayor’s office benefit (usually one year’s pay).

e. Contractual benefit ($25,000).

5.45 How will the Fund compute the present value of the FDNY and NYPD Line of Duty

Death Benefit for purposes of computing the offset amount?

The Fund will compute the annual benefit based on the victim’s salary as of September 11 in

accordance with the benefit rules. If the family has already received a benefit or estimate, the

Special Master will use that figure. Then, the Fund will apply the long-term before tax discount

rate specified in the tables described in the “Explanation of Economic Loss Calculations for

FDNY or NYPD victims” and calculate the present value of the future benefits assuming the

death benefits will be paid for the life of the surviving spouse. If there is no spouse, the Fund

will determine the duration of any benefit in accordance with New York law. The Fund will

assume that there is

increase in the benefit payable over time. The calculation will deduct

from the Line of Duty Death Benefit offset the present value of the victim’s pension that was

vested before September 11. If the Death Benefit is not paid on an annual basis but is instead

paid as a lump sum, then the Fund need not compute a present value and will simply deduct the

lump-sum amount actually paid or to be paid.

5.46 Will the Public Safety Officers Benefit (“PSOB”) payable to families of uniformed

victims be offset?

No.

5.47 Is the value of the pension earned by the victim taken into consideration in

computing claim award amounts?

Yes. The value of the pension that the victim would have received but for the death on

September 11

is considered as an income component as part of the victim’s employer provided

benefits.

5.48 Are payments made by the various State Victim of Crime Boards funded with

federal funds considered collateral offsets?

No.

5.49 Explanation of FDNY and NYPD Calculations

1. Procedures for Determining Economic Loss.

To calculate the victim’s compensation for purposes of determining economic loss, the Fund will

include: all forms of compensation — including overtime, shift differential, longevity premium

— PLUS the pension that the firefighter or police officer would have received after 20 or 25

years on the force, PLUS the Fund will assume that the firefighter or police officer will continue

to earn an income equivalent to that earned on the force even after the pension begins. In

addition, the Fund will count any earnings from a second job that can be documented.

The Fund will apply the wage growth assumptions to the earnings of the firefighter or police

officer so that each year the earning level will go up. At the time the pension is assumed to

commence, the pension will be based on the earnings projected at that date.

This means that in computing economic loss for the beneficiaries of a firefighter or police officer

(1) the Fund will assume that the compensation level of the firefighter or police officer will

continue through the average work life, even though the firefighter or police officer might have

retired after 20 or 25 years, (2) that after 20 or 25 years on the force the firefighter or police

officer would have received a pension (calculated based on the salary after 20 to 25 years on the

force) in addition to the compensation calculated in number (1), and (3) that any second source

of income will also continue after the pension begins. Therefore, after 20 or 25 years on the

force, the formula will count: (1) compensation, including earnings from a second job, as

increased in accordance with the regular methodology through average work life; plus (2)

firefighter or police pension through average life expectancy.

2. Pension/In-the-Line-of-Duty Death Benefit Offsets.

To comply with the Act’s requirement that the Fund deduct from any award collateral source

compensation including pensions and death benefits, the Fund will deduct from the award the

present value of the death benefit that the survivor obtains from New York. If the death benefit is

paid on an annuity basis, that deduction will be computed based on the annual value of the death

benefit for the expected life span of the spouse of the victim (or the relevant period of time the

benefit is payable to children or parents) in accordance with current rules governing the payment

of death benefits. The calculation assumes that the death benefit will not be increased over time,

as any increases must be legislatively mandated. This means that the offset will be based on the

firefighter or police officer’s salary without increases as of September 11 (which is lower than

the future salary with increases that will be projected in computing the economic loss). As a

general rule, the offset for the in-the-line-of-duty death benefit will be less than the amount

computed as economic loss because the economic loss will include presumed salary increases

and promotions each year and because the economic loss will include lost pension on top of that.

The methodology is set up so that the Fund will not include in the offset the amount of the

pension that was vested as of September 11. Since this reduction in the offset is like a credit or

pre-payment to the survivor of the victim’s vested pension, the economic loss will make up the

remaining portion of the victim’s lifetime pension benefits that would have been earned for

continued service after September 11.

3. Public Safety Officers Benefit.

The Fund will not offset the $250,000 Public Safety Officers Benefit.

ILLUSTRATION

September 11th Victim Compensation Fund of 2001

Illustration of Presumed Economic and Non-Economic Loss Calculation -- FDNY Claimant

Assumptions

Victim Name: FDNY Claimant

Date of Death: 09/11/01

Age: 30.0

Marital Status: M

Number Children Under Age 18: 2

Children's Ages at 09/11/01: Child #1 Age 9

Child #2 Newborn

Primary Employer: FDNY

Total Annual Earnings From All Employers: $80,000

FDNY Annual Earnings: $75,000

Years in FDNY as of 09/11/01: 6.0

Assumed Start Date of FDNY Pension: 10/01/20

Total Economic Losses Before Collateral Offsets:

Loss of Earnings & Benefits Including Loss of Lifetime FDNY

Pension Benefits From Continued FDNY Service After 09/11/01* $2,712,391

Total Non-Economic Losses $550,000

Total Economic and Non-Economic Losses Before Known Collateral Offsets $3,262,391

* Includes the excess of the victim’s “vested pension” over the value of the survivor pension, if any, assuming

FDNY survivor annuity is elected instead of lump sum.

Less:

Known Offsets:

Present Value of FDNY Survivor Annuity Pension Benefit Reduced by Present

alue of Victim's FDNY Vested Pension as of 09/11/01:

FDNY Survivor Benefits $1,354,813

Less: Victim's Vested Benefit ($89,395) $1,265,418

Present Value of Estimated Children's Social Security Benefits $359,350

FDNY Group Life Insurance $8,500

Mayor's Office Benefit (one year's pay) $75,000

Contractual Benefit $25,000

Total Known Offsets $1,733,268

Amount of Award $1,529,123

5.50 What part of the payment will go through the estate and what part will not?

This may depend on the specific circumstances of the claim and the domicile of the Victim.

Generally speaking, the victim’s non-economic loss portion of the payment will typically be

distributed to the beneficiaries of the estate, while the remainder of the award will go directly to

the family or other recipients based on the wrongful death statute of the state of domicile and the

approved final distribution plan.

5.51 Where can I get copies of the deceased Victim’s state tax returns, specifically from

New York?

The following web site provides a list of the tax authorities for each state. The link is

http://www.taxsites.com/agencies.html

The Personal Representative can request copies of the Victim's 1998, 1999, and 2000 tax returns

from the NY State Tax Department. The cost is $0.25 per page. Each return is two pages long,

plus attachments. The Department suggests sending in a check for $1.00 to cover the copying

costs for each tax return requested. The address is:

New York State Tax Department

Central Photocopying Unit

Building #8

State Office Campus

Albany, New York 12227

The request must include the following information:

• Taxpayer's name (Victim's name)

• Taxpayer's social security number (Victim's SSN)

• The tax year(s) for which tax returns are being requested (1998, 1999, and 2000)

• The taxpayer's address for each year that a tax return is being requested (i.e., Victim's address

in tax year 1998, 1999, and 2000)

• Notarized authorization that the person requesting the tax return(s) represents the taxpayer's

estate (this can be copy of the Court Order or Letter of Administration showing the Personal

Representative's appointment as (1) Personal Representative, (2) Executor of the Will, or (3)

Administrator of the Estate)

• Requestor's name and telephone number (Personal Representative's name telephone number,

in case the NY State Tax Department has any follow up questions)

In addition, the request should mention that the tax return(s) are being requested for a Victim of

the World Trade Center September 11th attacks and are needed for the September 11th Victim

Compensation Fund claims package.

The Personal Representative can call the New York State Department of Taxation and Finance's

Taxpayer Assistance Call Center at 1-800-225-5829 if she or he has further questions. The caller

should follow the prompts for personal income tax questions.

5.52 Where can I find information on the Tax Advantage (TAD) that a deceased military

Victim received?

The Tax Advantage (TAD) usually does not appear on the Victim’s Military Leave and Earnings

Statement. To get this information, the Personal Representative should contact the Casualty

Assistance Claims Officer (CACO). The Personal Representative can also calculate this by

going to the Office of the Secretary of Defense Regular Military Compensation Calculator web

site and enter information on the Victim’s rank (grade), years of service, location, and family

size. The web address is:

http://militarypay.dtic.mil/actives/pay/calc/index.html

5.53 Are FICA and Medicare payments considered fringe benefits and added to the

income for award determination?

No. FICA and Medicare are not considered as income components, and the value of future

retirement benefits (to the spouse) are not considered as collateral offsets.

5.54 FAQ has been removed and is no longer valid.

5.55 I have read the "Explanation of Process for Computing Presumed Economic Loss"

and I am still having difficulty replicating the computations found in the "Presumed

Economic and Non-Economic Loss" matrices. Is any additional guidance available?

Several inquiries have been made about various aspects of the compensation model and

duplicating it with various degrees of success. Typical errors we have seen in efforts to

duplicate the model may be avoided by considering the following:

Compensation level: This should include total compensation excluding employer-

provided benefits.

Benefits: The model assumes 4% of pension-eligible compensation and annual medical benefits

starting at $2,400. The medical benefits are increased yearly at the same rate as earnings. (Actual

employer-provided benefits are considered when each claim is evaluated and will be used when

higher than the presumed award fringe benefit assumptions. If the actual benefits are less than

the assumptions, the Fund will use the assumptions.)

The "Presumed Age-Specific Earnings Growth Rates" must be applied each year, according

to the age that year, through the assumed work-life expectancy. The same work-life tables

are used for all victims based on the reported average for "All Active Males" the same age as

the victim at death.

The 3% Unemployment Factor is subtracted from total compensation (including employer-

provided benefits). This adjustment is necessary because the probability of unemployment is

not included in the published work-life expectancy figures.

The "Decedent's Personal Expenditures or Consumption" deduction is subtracted from the total

of after-tax compensation (including employer-provided benefits). It is applied each year,

based on the before-tax compensation level as of date of death and changes over time as

dependent children grow up and leave the household.

The discount period used in the matrices was assumed to extend from the end of work-life

expectancy back to September 11, 2001. Actual awards will be calculated back to 2002.

In addition, there have also been suggestions regarding some of the core assumptions in the

compensation model. For instance, some have stated that alternative amounts to the inflation

assumption may be more appropriate. However, any change in assumptions should be applied

consistently throughout the model. As a result, adjusting both the growth and discount rates to

include an alternative inflation assumption would not change the awards significantly.

5.56 How will economic awards for Port Authority fire and police victims be determined,

including treatment of accidental death benefits to survivors?

The calculation of presumed economic loss for victims who were members of the New York

State and Local Police and Fire Retirement System (“Port Authority Fire or Police”) will use the

same general procedures and assumptions used to calculated presumed economic losses for death

claims involving NYPD or FDNY victims.

Like the NYPD and FDNY victims, Port Authority Fire or Police victims under the Special

20-Year Retirement Plan would have been eligible to retire from Port Authority Fire or Police

employment with 20 years of service

and collect an immediate pension equal to at least 50% of

last pay. According to Port Authority representatives, the average length of service for Port

Authority Fire or Police is 25 years. The presumed awards will therefore assume that after 25

years of creditable service

, the victim would have begun collecting a pension pursuant to the

terms of the Special 20-Year Retirement Plan, and at the same time continued to receive wage or

salary income elsewhere equivalent to the victim’s last projected Port Authority compensation

plus any supplemental outside income, if applicable, adjusted for annual increases, through the

individual’s expected remaining working years. The Port Authority Fire or Police pension is

assumed payable through the victim’s life expectancy.

Consistent with all presumed economic loss calculations,

1. Income up to the IRS 98

percentile of wage earners of $231,000 is considered;

2. Included are the value of fringe benefits, including medical insurance coverage, and

potential pension benefits related to post-Fire or Police employment estimated at 4% of

compensation;

3. Growth of income and benefits through the victim’s expected work-life incorporates an

annual inflationary or cost-of-living component, an annual real overall productivity or

scale adjustment in excess of inflation, and an annual real life-cycle or age-specific

increase;

4. An unemployment risk factor of 3% is applied to earnings and benefits other than Fire or

Police pension payments;

5. All amounts are adjusted for the estimated personal consumption of the victim and

reduced for estimated combined federal, state and local income tax (to the extent

applicable); and

6. Future amounts are adjusted to present value using current yields on risk-free treasury

Refer to the “Explanation of Economic Loss Calculations for FDNY or NYPD Victims.”

Based on discussions with Port Authority representatives, the Special 20-Year Retirement Plan is the plan elected

by virtually all New York State and Local fire and police.

For victims who had already attained the average years of credited service for fire or police retirees, one

additional year of creditable service will be assumed. In general, this maximizes the present value of projected

future pension benefits because they start earlier.

According to provisions of the Special 20-Year Retirement Plan, a portion of the fire or police retirement benefit

is increased by a cost of living adjustment after attaining age 55 and 10 years out or age 62 and 5 years out.

securities.

Refer to Tables 1-5 accompanying the general “Presumed Loss Calculation Tables Before

any Collateral Offsets” explanation for additional information on Presumed Future Effective

Combined Federal, State and Local Income Tax Rates for New York (Table 1), Expected

Remaining Years of Workforce Participation (Table 2), Presumed Age-Specific Earnings

Growth Rates (Table 3), Decedent’s Personal Expenditures or Consumption as Percent of

Income (Table 4), and Assumed Before-tax and After-tax Discount Rates (Table 5).

To comply with the Act’s requirement that the Fund deduct from any award collateral source

compensation including pensions and death benefits, the Fund will deduct from the award the

present value of the death benefit that the survivor obtains under the New York State and Local

Police and Fire Retirement System. Any lump sum survivor benefit is offset, or if the death

benefit is paid on an annuity basis, that deduction will be computed based on the annual value of

the death benefit for the expected life span of the spouse of the victim (or the relevant period of

time the benefit is payable to children or parents) in accordance with current rules governing the

payment of death benefits.

The calculation assumes that the death benefit will not be increased

over time, as any increases must be legislatively mandated. The methodology is set up so that

the Fund will

not

include in the offset the amount of the Fire or Police pension that was vested as

of September 11. Since this reduction in the offset is like a credit or pre-payment to the survivor

of the victim’s vested pension, the economic loss will make up the remaining portion of the

victim’s lifetime pension benefits that would have been earned for continued Fire or Police

service after September 11.

Under the Special 20-Year Retirement Plan for fire or police, the Special Accidental Death Benefit pension equal

to 100% of the victim’s salary is payable to a surviving widow or widower for life.

ILLUSTRATION

September 11th Victim Compensation Fund of 2001

Illustration of Presumed Losses for Port Authority Fire or Police

Assumptions

Victim Name: Port Authority Fire or Police

Date of Death: 9/11/01

Age: 30

Marital Status: M

Number Children Under Age 18: 2

Children's Ages at 09/11/2001: Child #1 9

Child #2 newborn

Occupation: Police

Employer: Port Authority

Total Annual Earnings From All Employers: $70,000

Fire or Police Annual Earnings: $70,000

Hire Date at Last Employer: 9/11/95

Years of Creditable Fire or Police Service at 09/11/2001 6.0

Assumed Start of New York State or Local Fire or Police Pension: 10/1/20

Total Economic Losses Before Collateral Offsets

Loss of Earnings & Benefits Including Loss of Lifetime Port Authority

Pension Benefits From Continued Port Authority Service After 09/11/2001* $2,454,281

Total Non-Economic Losses $550,000

Total Losses Before Collateral Offsets $3,004,281

* Includes amount of pension projected at ultimate retirement less amount of vested benefit prepaid in the form of survivor benefits.

Less:

Known Offsets:

Present Value of Survivor Lump Sum Pension Benefit Reduced by Present

Value of Victim's Vested Pension as of 09/11/2001:

Past Survivor Benefits $68,036

Present Value Future Survivor Benefits $1,263,387

Less: Victim's Vested Benefit ($40,718) $1,290,705

Social Security One-time Lump Sum Death Benefit $255

Past Social Security Survivor Benefits Spouse $0

Children $52,356

Present Value of Children's Future Social Security Survivor Benefits $317,386

Basic Life Insurance (3 times pay) $210,000

Total Known Offsets $1,870,702

Amount of Total Award $1,133,579

5.57 Is the calculation of economic awards for Port Authority civilian victims the same as

Port Authority fire and police victims?

Because the two groups are covered by different pension plans, the calculation of economic

awards for Port Authority civilian victims differs from the calculation for Port Authority fire and

police victims. The calculation of presumed economic awards for Port Authority civilian

victims, who are covered by the New York State and Local Employees’ Retirement System

(ERS), applies the same method as the calculation of presumed economic awards for all non-

uniformed victims covered by standard defined benefit pension plans. These plans, including

ERS, enable a retiree to collect upon retirement a monthly pension for life based on his or her

final average pay and years of service at retirement. As is the case with ERS, unreduced

retirement benefits are typically not payable before age 55, with at least 30 years of service, or

later ages, with less service. (In contrast, the pension plan applicable to Port Authority police

and fire, similar to plans covering other uniformed personnel in the United States military,

NYPD and FDNY, provides for an immediate pension equal to 50% of final pay upon attaining

20 years of service, regardless of age).

The presumed economic loss calculations for Port Authority civilian victims

incorporate all of the assumptions and methodology set forth in the Explanation of

Process of Computing Presumed Economic Loss, except instead of the default 4% of pay

in the form of pension benefits, the calculations compute pension benefits according to

ERS. Specifically, the calculations assume that victims covered by ERS would have

remained in civilian employment with the Port Authority for the remainder of their

expected working years and begin collecting for life a monthly pension at the age eligible

to collect unreduced retirement benefits. The projected monthly pension at end of work-

life is calculated using the applicable ERS pension formula applied to the victim’s

projected length of service to work-life date and projected 3-year average pay at work-life.

5.58 Are accidental death benefits to survivors of Port Authority civilian victims

considered a collateral offset to awards?

Yes. Any lump sum benefit already received is subtracted from the presumed award, or if

the death benefit is paid on an annuity basis, that deduction will be computed based on the

present value of the accidental death benefit for the relevant period of time the benefit is payable

to children or parents of victims. For benefits paid to spouses of victims, unlike accidental death

survivor pension benefits payable to spouses of Port Authority fire and police victims, the benefit

to civilian Port Authority survivors stops if the spouse is remarried before age 55. Therefore the

offset will not include any future Port Authority survivor pension benefits to spouses who are not

yet age 55 when they submit a claim to the Fund. Any future calculations assume that the death

benefit will

not

be increased over time, as any increases must be legislatively mandated. The

methodology is set up so that the Fund will

not

include in the offset the amount of the victim’s

Port Authority civilian pension that was vested as of September 11. Since this reduction in the

offset is like a credit or pre-payment to the survivor of the victim’s vested pension, the economic

loss will make up the remaining portion of the victim’s lifetime pension benefits that would have

been earned for continued Port Authority service after September 11.

5.59 How will economic awards for Military victims be determined?

ILLUSTRATION

September 11th Victim Compensation Fund of 2001

Illustration of Presumed Economic and Non-Economic Loss Calculation -- Military Claimant

Assumptions

Victim Name: Representative Military

Date of Death: 09/11/01

Age: 33

Marital Status: M

Children's Ages at 09/11/01: Child #1 Age 9

Child #2 Newborn

Employer: U.S. Military E-7

Total Annual Compensation Including BAH, BAS and

Tax Advantage at 9/11/2001: $54,210

Military Basic Pay as of 9/11/2001: $31,057

Years in Military Service as of 9/11/2001: 15

Total Economic Losses Before Collateral Offsets

Loss of Earnings & Benefits Including Loss of Lifetime Military

Pension Benefits From Continued Military Service After 09/11/01 $1,787,580

Total Non-Economic Losses $550,000

Total Economic and Non-Economic Losses Before Known Collateral Offsets $2,337,580

Less:

Known Offsets:

Past and Present Value Future Children's Social Security Benefits $214,175

Past Spouse's DIC Benefits $13,024

Past and Present Value Future Children's DIC Benefits $62,394

Death Gratuity $6,000

Service Members Group Life Insurance $250,000

Total Known Offsets $545,593

Amount of Award $1,791,987

5.60 How will the Special Master treat claims on behalf of decedents who had unusually

high incomes? Is it possible that some claimants will receive awards higher than

the highest numbers on the Presumed Award charts?

Yes, it is possible that some claimants will receive awards higher than the highest numbers on

the Presumed Award charts. The regulations provide that the Special Master may depart from

the presumed awards and methodology based upon “extraordinary circumstances.” The figures

provided on the Special Master’s presumed award charts do not constitute any form of “cap” on

awards. To the contrary, the Special Master has the authority to exercise discretion by

considering the individual circumstances of each claimant in arriving at an appropriate award.

As stated in the regulations, those claimants who have extraordinary individual circumstances

may request a hearing as an alternative to, or subsequent to, participating in the presumed award

process. There is no limitation on what information claimants may provide in explaining their

individual circumstances. Thus, claimants are permitted to provide any evidence that they wish

regarding their economic losses and individual circumstances. However, they should be aware

that lost income is merely one component of the award by the Special Master. The statute

requires the Special Master to consider not only “economic loss,” but also the individual

circumstances of the claimant. These circumstances include factors such as families’ needs and

resources in rebuilding their lives. Thus, while some have argued for a purely mechanical

calculation of lost income that would lead to awards for "high income" claimants of 20, 30, 40 or

even 50 times as much as other claimants, such an approach is not consistent with the purposes

of the statute creating the Fund.

While claimants may present any evidence that they think might establish extraordinary

circumstances to justify departure from a presumed award, the Special Master has made clear

that the program is not designed to provide greater awards to those who obtain counsel or

experts. Moreover, information regarding extraordinary earnings histories will not be viewed in

isolation, but will instead be considered in light of all of the other individual circumstances. The

Regulations make it clear that in evaluating economic loss for high income earners attempting to

demonstrate extraordinary circumstances, the Special Master will not apply the presumed award

methodology to any income level above $231,000. Claimants therefore should not expect that

the Fund will apply some or all of the presumed award assumptions to higher incomes. Instead,

the Special Master must consider each such claim on an individual basis. Thus, while claimants

are permitted to submit evidence of extraordinary earnings, they should be aware that if they

choose to do so, the Special Master will require that they also submit individualized evidence

regarding other aspects of their economic loss claim. The Special Master may and will consider

a range of information in evaluating the economic loss, including, but not limited to, the

following: earnings history beyond three years; the components of claimed income such as

contingent bonus, commissions, or stock options or sales (each of which may be more or less

risky or speculative); the certainty or uncertainty of future income (based on industry trends,

industry work life); victim-specific factors such as tax rates, personal consumption, household

structure, and dual incomes (consumption will likely apply to before-tax household income);

industry-specific factors such as positive or negative growth rates, work life expectancies, and

turnover and longevity; and individual family circumstances (including special needs). Most

importantly, the Special Master will, pursuant to the statute, exercise appropriate discretion to

assure awards that are just and fair in light of the individual circumstances of the claimant.

While this process might result in awards greater than the presumed awards for some claimants,

the guidance given in the Preamble to the regulations makes clear that “[c]laimants should not

expect awards grossly in excess of the highest awards listed on the Special Master’s presumed

award chart.” The Preamble to the Final Rule creating the Fund predicted that it would be rare

for claimants representing deceased victims to receive less than $250,000 after collateral source

offsets, or for claimants to receive more than $3 million or $4 million tax-free. While awards

between $3 and $4 million (after collateral source deductions) have turned out to be more

common than originally anticipated, there have not yet been many awards in excess of $4

million. The regulations clearly indicate that any methodology that does nothing more than

mechanically calculate a theoretically possible future income stream would lead to awards that

are insufficient relative to some victims and excessive relative to others. Accordingly, the final

award will reflect a

discretionary

evaluation of all individual factors and will not simply be the

projection of an assumed net income by an assumed work life.

5.61 I am the parent of a minor child who is a beneficiary of an award. What are the

options for payment of a minor child’s award?

There are several options available for the receipts of payments on behalf of minor children.

First, the entire award, including the minor child’s award, can be paid to the personal

representative. Under this option, a court will generally supervise the distribution of the award

and take steps to safeguard the minor’s portion of the award.

Second, the minor child may receive benefits directly from the Fund. Under this option, a

guardian must be appointed by a court of competent jurisdiction to receive an award directly on

behalf of the child. Normally it is a simple and relatively quick process for a natural or adoptive

parent to be appointed a guardian. However, court supervision or a bond may be involved when a

guardian is appointed.

Third, if you are a natural or adoptive custodial parent of a minor, you may apply to receive

benefits directly on behalf of the child as a “representative payee.” As a representative payee,

you assume full responsibility for ensuring that the award to the child is spent for the child’s

current needs, and, if not currently needed, saved for the child’s future needs. Court supervision

or bonding is not required. However, you are still obliged - like a trustee -to ensure that funds are

used in the child’s best interest. This includes a duty to prudently invest funds, maintain separate

accounts, and maintain records. If you would like to apply to become a representative payee, you

should request that the Fund send you the Application for Representative Payee Form to fill out

in which you request to receive the funds as a representative payee on behalf of your child and in

which you agree to perform the responsibilities this role requires. This form can also be

downloaded from the Fund’s website.

5.62 I am applying to be the representative payee of my minor child. If I do not know

the exact amount being awarded to my child, what amount do I input on the form

(#7)?

There are two options. You can either leave the award amount blank or input the same

percentage listed on the final approved distribution plan. If you choose to enter an amount and

that amount does not agree with the final approved distribution amount, you will be required to

submit a new representative payee form.

5.63 When should I submit my payment information (i.e. ACH form, Application for

Representative Payee)?

Payment information should be submitted by either the date provided to you by the Fund or May

1, 2004, whichever is earlier.

5.64 Can payments be made through direct deposit to foreign banks?

No. Payments to offshore recipients cannot be made through direct deposit. These payments

must be in the form of checks. The U.S. Department of the Treasury will issue the checks and

forward them to the Department of Justice. The Department of Justice will send them out via

express mail.

5.65 Can direct deposit payments be made to money market or brokerage accounts?

No. The U.S. Department of the Treasury only uses ACH payments. Thus, the Fund can only

make direct deposit payments to a regular checking or savings account.

5.66 How will the Special Master compute compensation awards with foreign income or

foreign collateral source offset components?

When computing compensation awards for victims who were paid in other than United States

currency, the Special Master will use the date of 9/11/01 as the conversion date for denominating

foreign currencies into U.S. dollars for computing the awards. For valuation of collateral source

offsets, the Special Master will use March 11, 2002 as the conversion date. This is when the

Compensation forms were first available for completion.

5.67 I am submitting a claim for a FDNY deceased victim, what information do I need to

provide to the Special Master in order for him to calculate my presumed award?

1. Line of Duty (LOD) benefit notification document.

2. FDNY appointment date.

3. Equated date (Start of uniformed city service immediately preceding date one

entered the Fire Department).

4. Non-Uniformed Prior City Time (if applicable).

5. LOD benefit type received – Lump Sum Death Benefit or Annual Pension

(Annuity).

6. Electronic fund transfer statement or other deposit information showing LOD

pension payment.

7. If LOD received as an annuity, the relationship and birth dates of the recipient(s).

8. Social Security Administration Notice of Award.

9. 2000 or 2001 Tax Return if dependents were claimed.

Please note that if the deceased had compensation from other employers from

1998 – 2001, other documentation will need to be provided such as W-2s and year-end pay

statements.

In addition, documentation of any life insurance or other survivor benefits from sources other

than the FDNY must be provided.

5.68 How are "collateral sources" deducted from a final award?

Generally, collateral source payments, also known as collateral offsets, will be applied against

the share of the individual who received the benefit. Any excess benefit will be applied against

the remaining shares of the award. However, a departure from this general policy may be

warranted in certain circumstances. For instance, if the Personal Representative believes that a

hardship is created by applying collateral offsets against individual shares, he/she may send a

written request to the Special Master for a reallocation of collateral offsets. The Special Master

will determine whether a reallocation is appropriate under the circumstances and will advise the

claimant accordingly. Likewise, where the Personal Representative submits a consensual

distribution plan, signed and notarized by all adult interested parties, it is assumed that the

interested parties have agreed to a distribution of the net award and, as such, the collateral offsets

will be taken off the top of the award.

5.69 Does the Special Master take into account a claimant’s economic loss before

evaluating need-based circumstances?

Yes. The Special Master does and always has taken into account a claimant’s economic loss at

hearings before evaluating individual circumstances, including need.

5.70 Does the economic loss figure on my final award document reflect the results of the

economic loss analysis conducted prior to any need-based or replacement service

determination?

No. Final award documents, which are disseminated mainly to demonstrate how an award has

been apportioned, include several categories of information, one of which is a category entitled

"economic loss.” This economic loss category, however, does not reflect the results of the

economic loss analysis conducted prior to any need-based or replacement service determination.

Rather, this figure has already been appropriately adjusted (for purposes of assisting with

distribution) to include any need-based or replacement service determination.