ASSEMBLY, No. 2735

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 


 

Sponsored by:

Assemblyman  BRIAN BERGEN

District 26 (Morris and Passaic)

 

Co-Sponsored by:

Assemblymen McClellan and Simonsen

 

 

 

 

SYNOPSIS

     Increases from $750 to $3,000 annual State payment made to certain veterans and their surviving spouses.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning the annual State payment made to certain veterans and their surviving spouses 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.38:18-2 is amended to read as follows:

     38:18-2. A soldier, 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] R.S.38:18-1, shall be paid for the term of his life, and upon his death his surviving spouse shall be paid, provided that the soldier or surviving spouse shall continue as a resident of this State, the sum of $750.00 annually, in monthly payments, and this sum shall increase to $3,000.00 annually, in monthly payments, commencing January 1 next following the effective date of P.L.   , c.       (pending before the Legislature as this bill).  Such payments shall be due and payable from the date of discharge or release of the soldier 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 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.

 (cf: P.L.1985, c.116, s.1)

 

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

     38:18-3. Evidence of the service and disability mentioned in [this chapter] R.S.38:18-1 shall be furnished to 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 in the Department of the Treasury who shall, upon receipt thereof, draw his warrant on the State Treasurer in favor of the applicant in a bulk sum for any accrued payments and in the sum of $750.00 annually, and this sum shall increase to $3,000.00 annually commencing January 1 next following the effective date of P.L.   , c.       (pending before the Legislature as this bill), which the State Treasurer shall pay out of the money appropriated therefor by the Legislature.

(cf:  P.L.1971, c.329, s.2)

 

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

     2. 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 annually in monthly payments, and this sum shall increase to $3,000.00 annually, in monthly payments, commencing January 1 next following the effective date of P.L.   , c.       (pending before the Legislature as this bill).  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.

     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)

 

     4. 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, P.L.1947, c.263 (C.38:18A-1 et seq.), shall be furnished to the [Division of 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 warrant on the State Treasurer in favor of the applicant in the sum of $750.00 annually, and this annual sum shall increase to $3,000.00 commencing January 1 next following the effective date of P.L.   , c.       (pending before the Legislature as this bill), which the State Treasurer shall pay out of the money appropriated therefor by the Legislature.

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

 

     5. This act shall take effect immediately.

 

 

STATEMENT

 

     This bill increases the annual payment made by the State to a veteran with certain specified service-connected injuries and the surviving spouse of that veteran.  The payment will increase from $750 to $3,000 annually. 

     The amount is paid to a veteran who has sustained a total loss of sight, or 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 hands or feet 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 service.  The surviving spouse of the veteran continues to receive the payment.

     There are currently 207 persons receiving the benefit.