Bill Text: NJ A2172 | 2018-2019 | Regular Session | Amended


Bill Title: Provides for increase and annual adjustment in allowance paid to war veterans with certain service-connected disabilities.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2019-01-24 - Reported out of Asm. Comm. with Amendments, and Referred to Assembly Appropriations Committee [A2172 Detail]

Download: New_Jersey-2018-A2172-Amended.html

[First Reprint]

ASSEMBLY, No. 2172

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JANUARY 29, 2018

 


 

Sponsored by:

Assemblyman  JOHN ARMATO

District 2 (Atlantic)

Assemblyman  VINCENT MAZZEO

District 2 (Atlantic)

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Provides for increase and annual adjustment in allowance paid to war veterans with certain service-connected disabilities.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Military and Veterans' Affairs Committee on January 24, 2019, with amendments.

  


An Act providing for an increase and annual adjustment to the allowance paid to veterans with certain wartime service-connected disabilities, and amending various parts of the statutory law.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    R.S.38:18-1 is amended to read as follows:

     38:18-1.      As used in this chapter the word ["soldier"] "veteran" means and includes any officer, soldier, sailor, marine, airman, nurse or any other person, male or female, regularly enlisted or inducted, who was or shall have been a part of the military or naval forces of the United States, and who took part in any war in which the United States was engaged, or who took part or shall have taken part in the [present] wars with the governments of Japan, Germany and Italy, or any of them, including any member of the American Merchant Marine who is declared by the United States Department of Defense to be eligible for federal veterans' benefits, or who served or shall have served in the active military or naval service of the United States in time of emergency as herein defined, and who was a resident of this State at the time he was or shall be commissioned, enlisted, inducted, appointed or mustered into the military or naval service of the United States, and who has been or shall have been given an honorable or ordinary discharge or release therefrom, and continues to be a resident of this State. 

     As used herein the term "in time of emergency" shall mean and include any time after June 23, 1950, and on or prior to January 31, 1955. 

(cf: P.L.1991, c.389, s.13)

 

     2.    R.S.38:18-2 is amended to read as follows:

     38:18-2.      a.  A [soldier] veteran, who has sustained a total loss of sight as a result of his service during any of the wars mentioned in section 1 of this chapter, shall be paid for the term of his life, and upon his death his surviving spouse shall be paid, provided that the [soldier] veteran or surviving spouse shall continue as a resident of this State, the sum of [$750.00] $1,500 annually, in monthly payments. Such payments shall be due and payable from the date of discharge or release of the [soldier] veteran if application therefor shall be made within one year from the date of such discharge or release.  If the application shall be made one year from the date of discharge or release of the [soldier] veteran such payments shall be due and payable from the date of such application. Accrued payments to the date of certification shall be paid in one lump sum.

     b.    The amount of the annual payment provided for in subsection a. of this section shall be adjusted annually by the State Treasurer in direct proportion to the percent change in the Consumer Price Index over a 12-month period beginning November 1 and ending October 31.  For the purpose of this subsection, "Consumer Price Index" means the Consumer Price Index for All Urban Consumers, New York-Northern New Jersey-Long Island Metropolitan Area, All Items (1982-84=100), as published by the  Bureau of Labor Statistics in the United States Department of Labor.  The State Treasurer shall determine the amount of the adjustment by December 1 of each year and the adjustment shall become effective for payments to be made during the calendar year following the determination, beginning with payments made on or after January 1 of each calendar year.  An adjustment in the annual payment shall be made only if the percent change in the Consumer Price Index for the period specified is greater than zero. If the reference base of the index is changed, the index used to determine the Consumer Price Index shall be the index converted to the new base by standard statistical methods.  The first adjustment shall not be made sooner than twelve full months following the effective date of P.L.    , c.   (pending before the Legislature as this bill).

(cf: P.L.1985, c.116, s.1)

 

     1[3.  R.S.38:18-3 is amended to read as follows:

     38:18-3.  Evidence of the service and disability mentioned in this act shall be furnished to the Division of [Veterans'] Veterans Services of the Department of [Human Services] Military and Veterans' Affairs, which shall examine the same and upon being satisfied that the service was performed and the veteran has been rendered permanently paralyzed or has permanently lost the use of both legs, or has suffered amputation, as defined in section 2 of this act, shall so certify to the Director of the Division of Budget and Accounting in the Department of the Treasury, who shall,  upon receipt thereof, draw [his] a warrant on the State Treasurer in favor of the  applicant in the annual sum of [$750.00 annually] provided in section 2 of P.L.1947,  c.263 (C.38:18A-2), which the State Treasurer shall pay  out of the money appropriated therefor by the Legislature.

(cf: P.L.1971, c.329, s.2)]1

 

     13.   R.S.38:18-3 is amended to read as follows: 

     38:18-3.      Evidence of the service and disability mentioned in this chapter shall be furnished to the Division of Veterans Services of the Department of [Economic Development] Military and Veterans Affairs, which shall examine the same and upon being satisfied that the service was performed and the soldier has been rendered totally blind as a result thereof, shall so certify to the [State Comptroller] Director of the Division of Budget and Accounting who shall, upon receipt thereof, draw [his] a warrant on the State Treasurer in favor of the applicant in a bulk sum for any accrued payments and in the annual sum [of $750.00 annually] provided in R.S.38:18-2, which the State Treasurer shall pay out of the money appropriated therefor by the Legislature.1

(cf: P.L.1971, c.329, s.2) 

 

     4.    Section 1 of P.L.1956, c.166 (C.38:18-4) is amended to read as follows:

     1.    Any [soldier] veteran or surviving spouse receiving compensation pursuant to the provisions of R.S. 38:18-1 et seq. and who is required to, and who does, move without the State for reasons of health or employment shall notwithstanding such nonresidence be entitled to continue to receive such compensation.  In the event such [soldier] veteran or surviving spouse becomes entitled to compensation from the state to which he moves pursuant to an act of such state substantially similar to this act and the act to which this act is a supplement, such compensation shall immediately cease, unless such [soldier] veteran or surviving spouse shall elect to receive such compensation to the exclusion of the compensation of the state to which he moves.

(cf: P.L.1985, c.116, s.2)

 

     5.    Section 2 of P.L.1947, c.263 (C.38:18A-2) is amended to read as follows:

     2.    a.  A veteran who served in the active military or naval forces of the United States and who has paraplegia and permanent paralysis of both legs and lower parts of the body, or who has osteochondritis and permanent loss of the use of both legs, or who has hemiplegia and permanent paralysis of one leg and one arm or either side of the body, resulting from injury to the spinal cord, skeletal structure, or brain, or who has had both hands, both feet, or one hand and one foot amputated, or who has lost the use of both feet or both legs, due to multiple sclerosis, sustained through enemy action, or accident, or resulting from disease contracted while in active military or naval service, shall be paid for the term of the veteran's life, and upon the veteran's death the surviving spouse, domestic partner, or partner in civil union shall be paid, the sum of [$750] $1,500 annually in monthly payments.  Such payments shall be due and payable from the date of discharge or release of the veteran if application therefor shall be made within one year from the date of such discharge or release.  If the application shall be made after one year from the date of discharge or release of the veteran, such payment shall be due and payable from the date of such application. Accrued payments to the date of certification shall be paid in one lump sum.

     b.    The amount of the annual payment provided for in subsection a. of this section shall be adjusted annually by the State Treasurer in direct proportion to the percent change in the Consumer Price Index over a 12-month period beginning November 1 and ending October 31. For the purpose of this subsection, "Consumer Price Index" means the Consumer Price Index for All Urban Consumers, New York-Northern New Jersey-Long Island Metropolitan Area, All Items (1982-84=100), as published by the Bureau of Labor Statistics in the United States Department of Labor.  The State Treasurer shall determine the amount of the adjustment by December 1 of each year and the adjustment shall become effective for payments to be made during the calendar year following the determination, beginning with payments made on or after January 1 of each calendar year.  An adjustment in the  annual payment shall be made only if the percent change in the Consumer Price Index for the period specified is greater than zero. If the reference base of the index is changed, the index used to determine the Consumer Price Index shall be the index converted to the new base by standard statistical methods.  The first adjustment shall not be made sooner than twelve full months following the effective date of P.L.    , c.    (pending before the Legislature as this bill).

     c.     Nothing in P.L.1947, c.263 (C.38:18A-1 et seq.) shall be intended to include paraplegia or hemiplegia resulting from locomotor ataxia or other forms of syphilis of the central nervous system or from chronic alcohol use disorder, or to include other forms of disease resulting from the veteran's own misconduct which may produce signs and symptoms similar to those resulting from paraplegia, osteochondritis, hemiplegia, or multiple sclerosis.

(cf: P.L.2017, c.131, s.146)

 

     6.    Section 3 of P.L.1947, c.263 (C.38:18A-3) is amended to read as follows:

     3.    Evidence of the service and disability mentioned in this act shall be furnished to the Division of [Veterans'] Veterans Services of the Department of [Human Services] Military and Veterans' Affairs, which shall examine the same and upon being satisfied that the service was performed and the veteran has been rendered permanently paralyzed or has permanently lost the use of both legs, or has suffered amputation, as defined in section 2 of this act, shall so certify to the Director of the Division of Budget and Accounting in the Department of the Treasury, who shall, upon receipt thereof, draw [his] a warrant on the State Treasurer in favor of the  applicant in the annual sum [of $750.00 annually] provided in section 2 of P.L.1947, c.263 (C.38:18A-2), which the State Treasurer shall pay out of the money appropriated therefor by the Legislature.

(cf: P.L.1981, c.424, s.3)

     7.    This act shall take effect immediately, and shall be applicable to payments payable on or after the first day of the second month following enactment.

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