Bill Text: NJ A259 | 2018-2019 | Regular Session | Introduced


Bill Title: Permits application for PERS accidental disability benefit for injury sustained after January 2003 while employed at State psychiatric institution or correctional facility immediately prior to PERS membership.

Spectrum: Slight Partisan Bill (Democrat 13-5-1)

Status: (Introduced) 2018-01-09 - Introduced, Referred to Assembly Labor Committee [A259 Detail]

Download: New_Jersey-2018-A259-Introduced.html

ASSEMBLY, No. 259

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 


 

Sponsored by:

Assemblyman  SEAN T. KEAN

District 30 (Monmouth and Ocean)

Assemblywoman  ANGELA V. MCKNIGHT

District 31 (Hudson)

 

Co-Sponsored by:

Assemblymen Egan, Coughlin, Giblin, Johnson and McKeon

 

 

 

 

SYNOPSIS

     Permits application for PERS accidental disability benefit for injury sustained after January 2003 while employed at State psychiatric institution or correctional facility immediately prior to PERS membership.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning eligibility for an accidental disability benefit under the Public Employees' Retirement System and amending P.L.1954, c.84 and N.J.S.11A:2-11.

 

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

 

     1.    Section 43 of P.L.1954, c.84 (C.43:15A-43) is amended to read as follows:

     43.  A member who has not attained age 65 shall, upon the application of the head of the department in which he is employed or upon his own application or the application of one acting in his behalf, be retired by the board of trustees, if said employee is permanently and totally disabled as a direct result of a traumatic event occurring during and as a result of the performance of his regular or assigned duties, on an accidental disability allowance.  A traumatic event occurring during voluntary performance of regular or assigned duties at a place of employment before or after required hours of employment which is not in violation of any valid work rule of the employer or otherwise prohibited by the employer shall be deemed as occurring during the performance of regular or assigned duties.  A traumatic event (1) occurring during and as a result of the performance of a State employee's regular or assigned duties as, but not limited to, a doctor, nurse, healthcare worker, social worker, or correction officer caring for or guarding individuals who are permanently or temporarily incarcerated for any reason at Trenton Psychiatric Hospital, any other State psychiatric institution or any State correctional facility and (2) occurring when the employee is employed temporarily and not yet eligible for membership in the retirement system shall be deemed as occurring during membership, if the employee becomes a member of the retirement system without interruption in that employment.

     The application to accomplish such retirement must be filed within five years of the original traumatic event, but the board of trustees may consider an application filed after the five-year period if it can be factually demonstrated to the satisfaction of the board of trustees that the disability is due to the accident and the filing was not accomplished within the five-year period due to a delayed manifestation of the disability or to circumstances beyond the control of the member.

     Permanent and total disability resulting from a cardiovascular, pulmonary or musculo-skeletal condition which was not a direct result of a traumatic event occurring in the performance of duty shall be deemed an ordinary disability.

     Before consideration of the application by the board of trustees,

the physician or physicians designated by the board shall have first made a medical examination of the member at his residence or at any other place mutually agreed upon and shall have certified to the board that he is physically or mentally incapacitated for the performance of duty, and should be retired, and the appointing authority shall have certified to the board that the member is permanently and totally disabled as a direct result of a traumatic event occurring during and as a result of the performance of his regular or assigned duties, the time and place where the duty causing the disability was performed, that the disability was not the result of his willful negligence and that the member should be retired.

     No person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.3 shall be eligible for retirement pursuant to this section.

(cf: P.L. 2010, c.3, s.9)

 

     2.    N.J.S.11A:2-11 is amended to read as follows:

     11A:2-11.   Powers and duties of the commission.  In addition to other powers and duties vested in the commission by this title or any other law, the commission:

     a.     (Deleted by amendment, P.L.2008, c.29);

     b.    May appoint employees necessary to enforce or implement the provisions of this title.  All employees of the commission whose principal duties relate to the enforcement or implementation of this title shall be confidential employees for the purposes of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.);

     c.     Shall maintain a management information system necessary to carry out the provisions of this title;

     d.    Shall have the authority to audit payrolls, reports or transactions for conformity with the provisions of this title;

     e.     Shall plan, evaluate, administer and implement personnel programs and policies in State government and political subdivisions operating under this title, including a personnel orientation program that informs new employees of State psychiatric institutions and State correctional facilities of the risk of injury occurring during and as a result of the performance of their regular or assigned duties;

     f.     Shall establish and supervise the selection process and employee performance evaluation procedures;

     g.    (Deleted by amendment, P.L.2008, c.29);

     h.    Shall set standards and procedures for review and render the final administrative decision on a written record or after recommendation by an independent reviewer assigned by the commission from classification, salary, layoff rights and in the State service noncontractual grievances;

     i.     May establish pilot programs and other projects for a maximum of one year outside of the provisions of this title;

     j.     Shall provide for a public employee interchange program pursuant to the "Government Employee Interchange Act of 1967," P.L.1967, c.77 (C.52:14-6.10 et seq.) and may provide for an employee interchange program between public and private sector employees;

     k.    (Deleted by amendment, P.L.2008, c.29);

     l.     (Deleted by amendment, P.L.2008, c.29);

     m.   Shall establish and consult with advisory boards representing political subdivisions, personnel officers, labor organizations and other appropriate groups;

     n.    Shall make an annual report to the Governor and Legislature and all other special or periodic reports as may be required.  The annual report shall indicate the number of persons, by title, who, on March 31, June 30, September 30, and December 31 of each year, held appointments to positions in the senior executive service and the number of noncareer employees by title, who, on those same dates, held appointments in positions in the senior executive service; and

     o.    Shall have the authority to assess costs for special or other services;

     p.    (Deleted by amendment, P.L.2008, c.29).

(cf: P.L.2008, c.29, s.8)

 

     3.    This act shall take effect immediately and shall be retroactive to January 1, 2003.

 

 

STATEMENT

 

     This bill allows a member of the Public Employees' Retirement System (PERS) to apply for accidental disability benefits based upon an injury sustained while employed temporarily at Trenton Psychiatric Hospital, any other State psychiatric institution or any State correctional facility, which injury continues to be disabling after the person becomes a PERS member.  Temporary public employees are not eligible for PERS membership until the employment becomes permanent or the passage of one year, whichever occurs first. Currently, persons employed temporarily at any State psychiatric institution or any State correctional facility who are injured while ineligible for PERS membership are eligible for workers compensation benefits only.  They are not eligible for PERS accidental disability benefits even after attaining PERS member status because the injury occurred when not a PERS member.

     The bill provides that, for purposes of application for a PERS accidental disability benefit, a traumatic event (1) occurring during and as a result of the performance of a State employee's regular or assigned duties as, but not limited to, a doctor, nurse, healthcare worker, social worker, or correction officer caring for or guarding individuals who are permanently or temporarily incarcerated for any reason at Trenton Psychiatric Hospital, any other State psychiatric institution or any State correctional facility and (2) occurring when the employee is employed temporarily and not yet eligible for membership in the retirement system will be deemed as occurring during membership, if the employee becomes a member of the retirement system without interruption in that employment.  The bill's provisions would apply retroactively to January 1, 2003.

     In addition, the bill also adds to the duties of the Civil Service Commission a personnel orientation program that informs new employees of State psychiatric institutions and State correctional facilities of the risk of injury occurring during and as a result of the performance of their regular or assigned duties.

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