Sec. 3. Benefits for permanent and partial disability

967 words·~4 min read·/bill/119/s/3897/is/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 1201 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281 ) is amended— by redesignating subsections

(c)through

(q)as subsections

(d)through (r), respectively; by inserting after subsection

(b)the following: In accordance with regulations issued pursuant to this part, in any case in which the Bureau determines that a public safety officer has become permanently, but not totally, disabled as the direct and proximate result of a personal injury sustained in the line of duty that has caused a physical or mental impairment of such severity that the public safety officer is prevented from performing any gainful work as a public safety officer, including if the individual is medically retired by the public safety agency, a benefit shall be payable to the public safety officer (if living on the date on which the determination is made) of half of the amount that would be payable, as of the date such injury was sustained (including as adjusted in accordance with subsection (i), and calculated in accordance with subsection (j)), if such determination were a determination under subsection (a). If, not later than 3 years after the date of sustaining the injury described in paragraph (1), the severity of the impairment of the public safety officer progresses to that of permanent and total disability, as described in subsection (b), the public safety officer may apply for a benefit under that subsection and, if the Bureau determines that a permanent and total disability exists, the Bureau shall pay the public safety officer a benefit in the amount of the benefit to which the public safety officer would have been entitled under that subsection, less any benefit provided under this subsection. If a public safety officer who has received a benefit under this subsection subsequently dies as a direct and proximate result of the same line-of-duty injury, any death benefit payable under subsection

(a)shall be reduced by the amount of any benefit previously paid under this subsection. Nothing in this subsection shall be construed to affect the availability of full benefits under subsection

(a)or (b), nor shall this subsection apply to temporary disabilities or injuries that do not result in permanent impairment at the time of filing. A determination under this subsection shall not constitute a final determination with respect to eligibility for benefits under subsection (b). ; by striking subsection (d), and inserting the following: Whenever the Bureau determines upon showing of need and prior to final action that the disability or death of a public safety officer is one with respect to which a benefit will probably be paid, the Bureau may make an interim benefit payment not exceeding $6,000, adjusted in accordance with subsection (i), to the individual entitled to receive a benefit under subsection (a), (b), or

(c)of this section. ; and in subsection (j), as so redesignated, by striking subsections

(a)and

(b)and inserting subsections (a), (b), and

(c). Part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281 et seq. ) is amended— in section 1201— in subsection (a), by striking adjusted in accordance with subsection (h), and calculated in accordance with subsection

(i)and inserting adjusted in accordance with subsection (i), and calculated in accordance with subsection

(j); in subsection (b), by striking adjusted in accordance with subsection (h), and calculated in accordance with subsection

(i)and inserting adjusted in accordance with subsection (i), and calculated in accordance with subsection

(j); in subsection (d), as so redesignated, by striking subsection

(h)and inserting subsection

(i); in subsection (e), as so redesignated, by striking subsection

(c)and inserting subsection

(d); in subsection (i), as so redesignated— by striking subsection

(c)and inserting subsection

(d); and by striking subsections

(a)and

(b)and inserting subsections (a), (b), and

(c); in subsection (j), as so redesignated, by striking and total after death or permanent ; in subsection (m), as so redesignated, by striking subsection

(k)and inserting subsection

(l); in subsection (n), as so redesignated, by striking subsection (a), (b), or

(c)and inserting subsection (a), (b), (c), or

(d); in subsection (p)(3), as so redesignated— in the paragraph heading, by striking and inserting and total disability ; or permanent disability in the matter preceding subparagraph (A), by striking subsection

(a)or

(b)and inserting subsection (a), (b), or

(c); in subparagraph (A), by striking and total after death or permanent ; and in subparagraph (B), by striking and total after death or permanent ; and in subsection (r)(2)(A), as so redesignated— by striking subsection

(a)or

(b)and inserting subsection (a), (b), or

(c); and by striking and total each place it appears; and in section 1205(e)— in paragraph (2), by striking (f)(3) and inserting (g)(3) ; and in paragraph (3)(A), by striking (f)(3) and inserting (g)(3) . Section 3(b)(2) of the Public Safety Officer Support Act of 2022 ( 34 U.S.C. 10281 note; Public Law 117–172 ; 136 Stat. 2101) is amended— by striking section 1201(o) and inserting section 1201(p) ; and by striking January 1, 2019 and inserting January 1, 2018 . Section 1086(d)(2)(B) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1969) is amended by striking Section 1201(k) and inserting Section 1201(l) . Section 611(a) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 ( 34 U.S.C. 10286(a) ) is amended by striking and total after producing permanent . Section 8204(b)(2) of the National Defense Authorization Act for Fiscal Year 2026 ( Public Law 119–60 ) is amended by striking section 1201(p) and inserting section 1201(q) .

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