The United States Court of Appeals for the Federal Circuit has affirmed estates are eligible recipients of Public Safety Officers’ Benefits Act (PSOBA) death benefits.

The United States appealed a final judgment of the United States Court of Federal Claims holding that subsequent death of an otherwise eligible beneficiary before the government issues payment does not relieve the government of its obligation to pay benefits under the Public Safety Officers’ Benefits Act.

Presley, a county sheriff in Mississippi, was fatally shot by a suspect during a police chase. At time of his death, Presley was survived by his three adult children and his mother.

His mother filed a claim for death benefits under PSOBA with the Bureau of Justice Assistance, who passed away a few months later. (Based on age, none of Presley’s three surviving children were eligible to collect benefits.)

The Bureau determined that the mother had not filed a claim for benefits, because the statute and regulations precluded the estate of a beneficiary from executing a claim.

The mother’s estate appealed to the Court of Federal Claims, which reversed the Bureau’s determination, and awarded the statutory amount of $250,000 to the PSOBA.

On the government’s appeal to United States Court of Appeals, the final judgment was affirmed.

The plain meaning of the word “surviving” in context of the statute and regulation means living beyond the public safety officer’s death. The mother’s rights vested at that time.

When Congress says that a surviving beneficiary—that is, a beneficiary who survived the officer’s death—is entitled to the benefit, the agency may not disregard that language and further require the beneficiary to survive an additional length of time.

White v. United States, 543 F.2d 1330 (U.S. Fed. Cir. 2008) can be found at http://www.cafc.uscourts.gov/opinions/07-5126.pdf