Policy Text
Policy
1029Fremont Police Department
Hometown Heroes Survivors Benefits Act
1029.1 PURPOSE AND SCOPE
It is the policy of the Fremont Police department to adhere to the guidelines established by the
Federal Government concerning survivor benefits resulting from the Hometown Heroes Survivor
Benefits Act of 2003. Additionally, the department shall adhere to the updated benefits when public
safety officer's deaths are the direct and proximate result of heart attack or stroke.
1029.2 PROCEDURES
In the event a public safety officer dies in the line-of-duty, the division head for the officer's unit
shall direct an inquiry into the circumstances of the death.
(a)The inquiry shall address the circumstances that led to the officer's death and if
the death meets the requirements for survivor benefits under the Hometown Heroes
Survivor's Benefits Act. This is especially critical to determine when the death is the
result of heart attack or stroke while off duty following an on duty incident or action by
the officer. The following defines the requirements for qualification under the terms of
the Public Safety Officers' Benefits Program (PSOB):
1.Cause of death: The public safety officer died as the direct and proximate result
of a heart attack or stroke.
2.Type of line-of-duty activity: While on duty, the public safety officer either:
(a)Engaged in line-of-duty activity that included law enforcement, fire
suppression, rescue activity, hazardous material response, emergency
medical services, disaster relief activity, or other emergency response
activity, or
(b)Participated in a formal training exercise.
3.Non-routine stressful or strenuous physical activity: The line-of-duty activity or
participation in a formal training exercise involved non-routine stressful physical
activity or non-routine strenuous physical activity.
(a)Definition - Non-routine stressful physical activity is:
1.Activity that is not performed as a matter of routine, further defined
as activity that is not performed as a matter of routine and entails an
unusually high level of physical exertion.
2.Activity that entails non-negligible physical exertion.
3.The activity poses or appears to pose significant threats or hazards,
involves reasonably foreseeable risks of such hazards for training
exercises.
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4.The activity realistically simulates significant threats or hazards, and
provokes or causes an unusually high level of alarm, fear or anxiety.
4.Timing of the heart attack or stroke: The heart attack or stroke occurred while
the public safety officer was engaging in non-routine stressful physical activity
or participating in this training while on the same duty shift or within 24 hours
after the conclusion of this activity or training.
5.The Hometown Heroes Act specifically excludes activities that are of a clerical,
administrative or non-manual nature.
6.Additional details can be found through Public Safety Officer's Benefits (PSOB)
Program Bureau of Justice Assistance 810 7th Street NW Washington, DC
20531 FAX: 202-616-0314 or on the Internet at www.psob.gov
(b)In order to establish eligibility for benefits it is critical that competent medical evidence
is included with the claim application.
1.The Hometown Heroes Act provides that if the information in the claim
establishes that the circumstances of the public safety officers' death meet all of
the requirements set out in 1043.2.a.3.a items 1-4 above, then the officer's death
is presumed to be covered under the PSOB Act, so long as "such presumption
is not overcome by competent medical evidence to the contrary."
2.This provision means that in cases where information shows that something
other than the public safety officer's work caused the heart attack or stroke, the
death would not be covered under the PSOB Act. Including medical information
and details in the claim that establish the nexus will result in the claim being
accepted and benefits provided under the Act.
3.PSOB Benefits Specialists are available to assist members of the public safety
agency when applying for benefits on behalf of a fallen officer. The number for
assistance is 888-744-6513. The website is www.psob.gov
4.Additionally, Concerns of Police Survivors (COPS) is a national organization that
is informed about PSOB Act requirements and can assist as well by calling them
at 573-346-4911.
(c)In the event of a line-of-duty death gather the basic information necessary to complete
the Claim for Death Benefits form:
1.Officer's social security number.
2.Date of injury, which is the date of the onset of the heart attack or stroke.
3.Date of death.
4.Name and physical address of the employing agency.
5.Addresses and social security numbers for all eligible claimants.
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6.Gather additional documentation needed to apply:
(a)Death certificate.
(b)Autopsy report, which the officer's agency may be able to help provide. If
there is no autopsy report an agency statement explaining why one does
not exist must be submitted on agency letterhead.
(c)Toxicological report. If one does not exist an agency statement explaining
why one does not exist must be submitted on agency letterhead.
(d)Divorce decrees for previous marriage(s) including references to physical
custody of children