White v. United StatesWhite v. United States
Lead Opinion
The United States appeals the final judgment of the United States Court of Federal Claims holding that the 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 (PSO-BA),
BACKGROUND
Harold Ray Presley, a sheriff of Lee County, Mississippi, was fatally shot by a suspect during a police chase in July 2001. At the time of his death, Sheriff Presley was survived by his three adult children and his mother, Christine H. Roberts.
In December 2002, the PSOB Office issued its initial determination denying death benefits to Ms. Roberts’ estate upon the grounds that (1) Ms. Roberts had not successfully filed a claim before she died, and (2) even if she had filed a claim, Ms. Roberts’ death precluded payment of the benefit. This initial determination was affirmed by the Bureau hearing officer on appeal.
In response to the estate’s subsequent request for review by the Director of the Bureau, the Bureau issued its final decision in February 2005 denying the estate’s claim for a death benefit. The Bureau determined that Ms. Roberts had not filed a claim for benefits, construing
Ms. Roberts’ estate appealed to the Court of Federal Claims. On motion for judgment on the administrative record, the trial court reversed the Bureau’s final determination and awarded the statutory amount of $250,000 under the PSOBA. The trial court first determined that Ms. Roberts had met all the relevant requirements and filed a timely claim for benefits during her lifetime. The trial court next determined that when a beneficiary is otherwise eligible at the time of the public safety officer’s death, the beneficiary’s subsequent death does not terminate her eligibility for benefits. The trial court reasoned that the implementing regulations contained in
The government appeals, and we have jurisdiction to review the final judgment pursuant to
DISCUSSION
I.
The PSOBA provides for a onetime payment of cash benefits to certain classes of survivors of public safety officers who die in the line of duty.
When the court is “confronted with a challenge to an agency’s interpretation of a term of a statute it has been charged with administering, th[e] court engages in the familiar two-step analytical process articulated in Chevron.” Hawkins v. United States,
When a court reviews an agency’s construction of the statute which it administers, it is confronted with two questions. First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress. If, however, the court determines Congress has not directly addressed the precise question at issue, the court does not simply impose its own construction on the statute, as would be necessary in the absence of an administrative interpretation. Rather, if the statute is silent or ambiguous with respect to the specific issue, the question for the court is whether the agency’s answer is based on a permissible construction of the statute.
As for regulatory interpretation, an agency’s interpretation of its own rule or regulation is entitled to “controlling weight unless it is plainly erroneous or inconsistent with the regulation.” Bowles v. Seminole Rock & Sand Co., 325 U.S.
We also acknowledge that this court has previously found that the Bureau’s interpretations of the PSOBA have the force of law and are thus entitled to deference under the rubric of Chevron. Groff v. United States,
II.
The PSOBA subsection at issue in this case,
(a) Amount; recipients
In any case in which the Bureau of Justice Assistance (hereinafter in this subchapter referred to as the “Bureau”) determines, under regulations issued pursuant to this subchapter, that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, the Bureau shall pay a benefit of $100,000,2 adjusted in accordance with subsection (h) of this section, as follows:
(1) if there is no surviving child of such officer, to the surviving spouse of such officer;
(2) if there is a surviving child or children and a surviving spouse, one-half to the surviving child or children of such officer in equal shares and one-half to the surviving spouse;
(3) if there is no surviving spouse, to the child or children of such officer in equal shares; or
(4) if none of the above, to the parent or parents of such officer in equal shares.
The issue that we must decide is whether the statutory language of the PSOBA allows the Bureau to require a beneficiary to remain alive until payment is made in order to be eligible for benefits.
(a) When the Bureau had determined that a death benefit may be paid according to the provisions of this subpart, a benefit of $100,000, adjusted in accordance with § 32.3(b), shall be paid in the following order of precedence:
(1) If there is no surviving child of such officer, to the surviving spouse of such officer;
(2) If there are a surviving child or children and a surviving spouse, one-half to the surviving child or children of such officer in equal shares, and one-half to the surviving spouse;
(3) If there is no surviving spouse, to the surviving child or children of such officer in equal shares; or
(4) If none of the above in paragraphs (a)(1) through (3) of this section to the
(b) If no one qualifies as provided in paragraph (a) of this section, no benefit shall be paid.
The trial court held that the modifier “surviving” means that the beneficiary must survive the officer’s death to be eligible for benefits. We agree. Even the government admitted that the plain meaning of the word “surviving” in the context of this statute and regulation means living beyond the time of the public safety officer’s death. Oral Arg. Tr. 8:40-48 (“The term ‘survival’ in terms of the statute and for purposes of the regulation, it’s used to determine, it’s keyed to the time of the officer’s death. There’s no question about that.”), 13:42 (“The word ‘surviving’ is keyed to the time of the officer’s death.”). A surviving beneficiary, as referred to in the text of the statute, is one who is still alive at the death of the public safety officer. In the absence of a differing statutory definition, we must attribute the ordinary meaning to the word “surviving.” See Asgrow Seed Co. v. Winterboer,
Nonetheless, on appeal, the government argues that both the statute and this regulation,
The government frames the issue as “The PSOBA does not expressly state whether a parent-claimant’s estate is an eligible beneficiary of a death benefit.” Appellant’s Br. 13.
While this is certainly a close case, we conclude that Congress spoke to the precise issue in this case—the time frame for which eligibility for PSOBA death benefits is determined is based upon the time of the public safety officer’s death and not on some subsequent time. The statute dictates how long a beneficiary must five to be entitled to payment—entitlement arises if the beneficiary survives the ofBcer’s death. Since Congress spoke to the precise issue, the agency’s statutory interpretation is not entitled to deference. See Global Crossing Telecomms.,
The government also urges us to construe
The agency also argues that its regulation, like the statute itself, requires “a claimant to be ‘surviving’ at the time benefits are paid.” Appellant’s Br. 33 (asserting that
Of course, the agency is free, through promulgated regulations, to implement additional requirements, such as the proper method for fifing a claim, see
The dissent is certainly correct that the statute does not contain the word surviving prior to parent or parents. But the government does not argue that the absence of the word surviving prior to parent creates an ambiguity which entitles it to regulate with regard to how long a parent must survive to be entitled to benefits. Rather the government argues that it is entitled to regulate how long all beneficiaries must survive. In fact, in 2006 during the pendency of this litigation, the government promulgated
When Congress says that a surviving beneficiary—that is, a beneficiary who survives 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. We conclude, therefore, that according to the statute, benefits are paid to beneficiaries who are “surviving” at the time of the public safety officer’s death.
CONCLUSION
For the foregoing reasons, the judgment below is
AFFIRMED.
Notes
. It is undisputed that none of Sheriff Presley's three surviving children were eligible to collect death benefits. None of his surviving children fit the PSOBA’s definition of a "child,” which is limited to three categories of persons: (1) children under 19 years old, (2) between 19 and 22 if engaged in full-time school or training, or (3) of any age if incapable of self-support because of a physical or mental disability. See
. By legislation passed shortly after September 11, 2001, the amount of benefits was increased to $250,000 retroactively, effective on January 1, 2001. Pub.L. No. 107-56, § 613(b) (Oct. 26, 2001), 115 Stat. 370.
. We note that the word “surviving” appears before "child or children” in
. The same can be said of the agency’s implementing regulations in effect at the time of the agency’s final decision on Ms. Roberts' claims. See
. See Orad Arg. Tr. 1:13 ("The agency’s interpretation is that the plain language of the statute requires payment to a parent or parents.”); 6:05 ("Judge: You said the statute is crystal clear. So I’m trying to figure out the exact time frame under the statute. Gov: Under the statute, the statute simply says that payment must be made to a parent or parents.”), 7:30 ("Judge: But going back to Judge Moore’s point here, is the government's position here that the statute is unambiguous? Or is its position that the statute is ambiguous but its regulations are entitled to deference? Gov: In the first instance, if you had asked what the agency's position is, then the statute is unambiguous.”).
. We note that the lower court found and both parties agree that the statute permits payment to trusts for minor children—hence it cannot be suggested that the statute prohibits payment to non-individuals.
Dissenting Opinion
dissenting.
Both parties, the trial court, and all three judges here agree that the Public Safety Officers’ Benefits Act (“PSOBA”),
Relying primarily on the statute’s requirement that an eligible spouse-, child-, or parent-claimant must be “surviving” at the time of the death of the public safety officer, the majority concludes that the “clear and unambiguous” language of the PSOBA requires the Bureau to pay PSO-
At a minimum, the statute’s failure to discuss payment to estates demonstrates ambiguity as to the question of whether estates are eligible recipients of PSOBA death benefits.
While the majority’s analysis appears to be based on its conclusion that the statutory language is unambiguous, it also points to the potential administrative delay in processing claims and states “[s]uch arbitrary factors for the eligibility for benefits would place a burden on recipients that Congress surely could not have intended.” Majority Op. at 1336. I disagree. The agency’s interpretation seems to me to be completely reasonable.
As the government notes, the Bureau’s “interpretation ensures that a claimant’s
The narrowly crafted nature of the three classes of individuals expressly identified in the PSOBA as eligible recipients—surviving spouses, children, and parents—further supports the agency’s interpretation. For example, Congress expressly limited the class of eligible children to those who are: (1) eighteen years of age or younger; (2) between nineteen and twenty-two if engaged in full-time school or training; or (3) any age if incapable of self-support because of a physical or mental disability. See
Moreover, the statutory language supports the agency’s interpretation. The title of the PSOBA subsection at issue in this case is “Amount; recipients.”
In sum, because the PSOBA is silent, or at least ambiguous, as to the question of whether estates are eligible recipients of PSOBA death benefits, I would defer to the Bureau’s permissible interpretation of the PSOBA and the implementing regulations. Accordingly, I would reverse the decision of the Court of Federal Claims.
. The majority describes the government’s theory as "a kind of temporary vesting; one which can be defeated or lost if the beneficiary dies prior to the agency processing and payment of the benefit.” Majority Op. at 1336. The government expressly argues, however, that no right has vested at the time of the officer’s death. Instead, the government’s theory is essentially that surviving the death of the officer is necessary but not sufficient for entitlement to receive PSOBA death benefits.
. The majority claims that "it cannot be suggested that the statute prohibits payment to non-individuals” because the statute permits payment to trusts for minor children. Majority Op. at 1336 n. 6. As the government notes, however, a trust for minor children is easily distinguished from an estate because the beneficiaries of such a trust (i.e., minor children) are statutorily defined eligible recipients—the trust is merely a vehicle by which payment is made to the intended recipient. By contrast, there are no living eligible recipients in the present case, so the estate cannot be seen as a vehicle by which payment is made to an eligible recipient.
. As the government notes, in Groff v. United States this court stated "that the Supreme Court has held that legal positions taken in properly promulgated regulations are entitled to Chevron deference even if the regulations are promulgated after the administrative decision in question, and indeed even if they are promulgated in response to the very litigation that is under review.”