Bill Text: NJ A2600 | 2012-2013 | Regular Session | Introduced
Bill Title: Reduces amount of fire duty required in order to receive exempt fireman certificate.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2012-02-21 - Introduced, Referred to Assembly Law and Public Safety Committee [A2600 Detail]
Download: New_Jersey-2012-A2600-Introduced.html
Sponsored by:
Assemblyman DAVID P. RIBLE
District 30 (Monmouth and Ocean)
SYNOPSIS
Reduces amount of fire duty required in order to receive exempt fireman certificate.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning exempt firemen and amending N.J.S.40A:14-55 and N.J.S.40A:14-56.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:14-55 is amended to read as follows:
40A:14-55. Definitions relating to fire departments and exempt firemen
"Fire department and force", "fire department or force" or "fire department" means the officers and members organized to fight fires in the municipality;
"Fire duty" means active participation in the usual duties of a fireman under the direction and supervision of the official in charge of the fire department and force;
"60% of duty" means actual recorded attendance and rendering of fire service at not less than 60% of regular alarms of fire answerable by the members during any calendar year; the total number of alarms used in computing said percentage may include not more than 20 fire drills called at the direction of the official in charge of the fire department and force.
"50% of duty" means actual recorded attendance and rendering of fire service at not less than 50% of regular alarms of fire answerable by the members during any calendar year; the total number of alarms used in computing said percentage may include not more than 20 fire drills called at the direction of the official in charge of the fire department and force.
(cf: P.L.1971, c.197, s.1)
2. N.J.S.40A:14-56 is amended to read as follows:
40A:14-56. A member of the fire department and force of a municipality shall be entitled to an exempt fireman certificate when it appears that at the time of his appointment he was of good moral character and was not under 18 or over 45 years of age and that he had performed during a period of seven years, 60% of fire duty or after January 1, 2009, 50% of fire duty, in each year, respectively. Any member who otherwise would be eligible for an exempt fireman certificate, but who, as the result of an injury or injuries incurred out of or in the course of fire duty, is permanently unable to fulfill the seven-year performance requirement set forth in this section, shall be entitled to an exempt fireman certificate if, at the time he incurred the injury or injuries, the member had performed during a period of five years, 60% of fire duty or after January 1, 2009, 50% of fire duty, in each year, respectively. In cases where the appointment was made during the war years the age limit shall be extended 10 years. Service in the United States Armed Forces during the war years shall be considered as fire duty service.
Service in more than one municipal fire department, for separate periods not concurrent, amounting in the aggregate to seven years, shall be deemed equivalent to seven years' service in a single municipal fire department and any fireman so serving shall be entitled to an exempt fireman certificate from the department and force in the municipality wherein he is serving at the time when he becomes entitled to the certificate. The prior service shall be certified by the chief executive officer of the municipality or municipalities wherein the member served and attested by the municipal clerk or clerks.
(cf: P.L.2000, c.172, s.1)
3. This act shall take effect immediately and shall be retroactive to January 1, 2009.
STATEMENT
This bill reduces the amount of fire duty that a municipal firefighter must perform in order to receive an exempt fireman certificate. Current law sets the amount of fire duty as recorded attendance and rendering of fire service at not less than 60% of regular alarms of fire answerable by the members during any calendar year. This bill reduces that amount to not less than 50% for service provided after January 1, 2009.
Generally, a municipal firefighter who, at the time of appointment was of good moral character and not under 18 or over 45 years of age, is entitled to receive an exempt fireman certificate upon performing over a seven-year period, 60% of fire duty, in each of the seven years. The certificate entitles a firefighter to a death benefit provided by the State Fireman's Association which is funded by a 2% tax on fire insurance premiums paid by out-of-state companies. In addition, the certificate bestows certain tenure protections statutorily afforded to exempt firemen who are employed by a public entity.
