Assault, Trauma, and Captivity Coverage (ATAC)

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PEF MBP Assault Insurance Program (No Cost)

Who’s Covered:

All active, dues-paying members of the New York State Public Employees Federation (about 51,000 people), provided they have been employed in an eligible PS&T position, prior to the incident.

What’s Covered: (Effective January 1, 2007)

Assaults while in pursuit of his/her occupational duties.

Benefit:

• $2,500 for fractures, rapes, or assaults that require two consecutive nights of hospitalization due to injuries occurring while on the job.
• $2,000 for an assault that involves the flinging of human waste or an assault from a human bite.
• $1,000 for all other injuries that result from an assault while on the job.

Accidental death, dismemberment, or permanent total disability during or resulting from assault or captivity.

Benefit:

  • Up to $10,000 per person, to a maximum of $300,000 per incident, for all covered members involved.

Captivity for 8 hours or more while in the pursuit of his/her occupational duties.

Benefit:

  • $100 per hour, up to $1,000 maximum per person, per calendar day, to a maximum of
  • $10,000 per person, per occurrence, up to an annual maximum total liability of $300,000 for all occurrences in any fiscal year.

Beneficiary:

In the event of the death of an insured person occurring under the terms of this policy, the death benefit shall be paid in the following order:

  • To spouse, if living
  • If no spouse, in equal shares to the children
  • If no children, in equal shares to the parents
  • If no parents, in equal shares to siblings
  • If no siblings, to the estate
  • If the beneficiaries are minors, or cannot give a valid release, payment will be provided to the duly appointed guardian or committee.

Conditions:

An assault will be deemed to have occurred when such action would be a violation of the state penal code dealing with assault and results in the insured person being disabled from their usual occupation for a period of 5 consecutive working days or more. This means 5 working days of absence from profession which must be authenticated by certifications by a medical doctor starting on date of incident and supportive documentation of time off (copies of time sheets).

Evidence of assault to be a police or peace officer’s report, charging the person with assault and that member is willing to press charges.

Captivity exists when an employee is held against his/her will and has been refused release, in excess of 8 hours;

For each loss event, benefit shall be payable under one item of coverage;

The plan will use the NYS Penal Law definition of “assault” as the guideline for all claims; (Criminal Assault occurs when the actor causes physical injury to the victim. N.Y.S. Penal Law, Article 120. Physical injury means impairment of physical condition or substantial pain. Whether pain is suffered and the degree of pain suffered may vary among individuals but, at a minimum, excludes such things as “petty slaps, shoves, kicks, and the like.”)

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