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B-157179 1 (1978-09-07)

handle is hein.gao/gaobadgib0001 and id is 1 raw text is: 1 ,      w


                             THE CCOMPTROLLEfl GENERAL
DECISIONI .OF THE UNITHD OTATEa C4/=.
                    ,f      WASHINGTON          03. 0, 20540



FILE:       57179                  DATE:            9

MATTER OF:
                  Oction  701 of Public Safety Offtiers'
                  Benefits Act of 1976
DIGEST:
             Law Enforcement Assistance Administration (LEAA)
             pays $50,000 to survivors of nonaFederal public
             afety  officers klledenforcingiFderal   law.
             Payment must be re~dcd by *mount of monthly
             payments under 5 U.S.C. 0$8191 msade by Depart-
             met  of Labor tosame  survivors. Because total
             Labor payment cannot be known in advance, LRM
             may pay $SV,000 imediately and Labor should pay
             over amthly  amounts to Ma  until amount reaches
             $50,000., This procedurj achi',ves congressional
             itent  that survivors rceive iamdiatseassistance
             and avoitis double payaeAts or augmentation of
             Labor'r appropritions.


        This deciston responds to a request by the Assistant Admin-
   istrator, Ltw  tforcoment Assistance Administration (LEAA), for
   our opinion on a proponed ars&ngsmet between LAAA and the Department
   of Labor (Labor) to establish an ccounting system that will harmonise
   payments mado by these ageaies wnder asparate death compnuation
   programs for public safety officers, The programs irolved are con-
   duct  'pursuant to the Fublic Safety Officers'Benefits Act of 1976
   (F803), 42 UJS,C, SO 3796-3796* (170), which is administered by LEM,
   and a special disability and death benefits program for law enforce-
   ant officers, 5 U.S.C. O6 8191-193, as added by Pub. L. No. 90-921
   (April1. 11, 1968)0 which is administered by Labor.
       When a non-7ederal publi4 safaty officer is killed in the line
   of duty while engaged in the enforcement of.Federal law, the survivors
   of thenon-ederal  officer asy be entitled to two types of Federal
   benefit,  First,  8ON provides for a lump sum payment of Q50,OOO by
   LEAk to the survivors, to be paid as soon after death as the Admin-
   istrator determines eligibility, Second, the survivors may be
   entitled to monthly payments by Labor under 5 U.B.C. S 8192 during
   their lifetims.  The longevity of the survivors is, of course,
   unknown at the time the payments begin and it ;s therefore Impossible

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