Sec. 4. Retroactive applicability
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For the purposes of this section— the term covered beneficiary means an individual who— is, or was, a child or spouse of a covered individual described in paragraph (3)(B); and would have been eligible for educational assistance under subpart 2 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10301 et seq.) if the amendments made by section 3 of this Act had been in effect on the date on which the determination described in paragraph (3)(B)(i) of this subsection was made; the term covered claimant means an individual who is a claimant on the estate of a deceased covered individual— described in paragraph (3)(B); and who died on or before the date of enactment of this Act; the term covered individual means— a beneficiary of a benefit under the Public Safety Officers' Death Benefit Program that was paid— with respect to a death or disability of a public safety officer sustained as the direct or proximate result of a personal injury sustained in the line of duty; and during the covered period; or a public safety officer who— was determined during the covered period to be ineligible for a benefit payment under section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281(b) ); and would have been eligible for a benefit payment under subpart L of that title due to the disability of the public safety officer if the amendments made by section 3 had been in effect on the date on which the determination described in clause
(i)was made; the term covered period means the period— beginning on the date of enactment of title XIII of the Crime Control Act of 1990 ( Public Law 101–647 ; 104 Stat. 4834); and ending on the day before the date of enactment of the Protecting America’s First Responders Act ; the term public safety officer has the meaning given the term in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 ); and the term Public Safety Officers' Death Benefit Program means the program established under part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281 et seq.). The amendments made by sections 2 and 3 shall apply to a death or disability of a public safety officer sustained as the direct or proximate result of a personal injury sustained in the line of duty— subject to subsection (c), during the covered period; or on or after the date of enactment of this Act. Subject to paragraph (2), upon application of a covered individual, covered beneficiary, or covered claimant, the Bureau of Justice Assistance shall make a lump sum payment to the covered individual, covered beneficiary, or covered claimant in the amount equal to the difference, if any, between— in the case of a covered individual— the amount of the total benefit payment the covered individual would have received under the Public Safety Officers' Death Benefit Program as of the date of the lump sum payment, if the amendments made by sections 2 and 3 had been in effect on the date on which the covered individual— received the final benefit payment under the Public Safety Officers' Death Benefit Program; or was determined to be ineligible for a benefit payment under section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281(b) ); and the amount of the total benefit payment the covered individual received under the Public Safety Officers' Death Benefit Program before the date of enactment of this Act; in the case of a covered beneficiary, the amount of the total benefit payment the covered beneficiary would have received under subpart 2 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10301 et seq.) if the amendments made by section 3 of this Act had been in effect on the date on which the determination described in subsection (a)(3)(B)(i) of this section was made; and in the case of a covered claimant, the amount of the total benefit payment the covered individual on whose estate the covered claimant is a claimant would have received under the Public Safety Officers' Death Benefit Program as of the date of the lump sum payment, if the amendments made by sections 2 and 3 had been in effect on the date on which the determination described in subsection (a)(3)(B)(i) of this section was made. A covered individual desiring a lump sum payment under paragraph
(1)shall apply to the Bureau of Justice Assistance for such lump sum payment not later than 3 years after the date of enactment of this Act.
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- Pub. L. 101-647
- 104 Stat. 4834
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Sec. 4
Retroactive applicability
Pub. L.Pub. L. 101-647
Stat.104 Stat. 4834
Cites 5Cited by 0 across 0 sources