Bill Text: NJ A2738 | 2022-2023 | Regular Session | Introduced
Bill Title: Permits survivors of certain retired members of PFRS to apply for accidental death benefits.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-02-14 - Introduced, Referred to Assembly State and Local Government Committee [A2738 Detail]
Download: New_Jersey-2022-A2738-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Permits survivors of certain retired members of PFRS to apply for accidental death benefits.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning accidental death benefits of the Police and Firemen's Retirement System and supplementing Title 43 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any law, rule, or regulation to the contrary, the death of a retired member of the Police and Firemen's Retirement System who qualified for an accidental disability retirement pursuant to section 7 of P.L.1944, c.255 (C.43:16A-7) shall be deemed to have occurred as the result of an accident met in the actual performance of duty at some definite time and place if the retired member's death is the direct result of the injury that caused the disability, complications therefrom, or the aggravation or acceleration of a preexisting condition caused thereby.
b. The retired member's surviving spouse, surviving child, or surviving dependent parents, as the case may be, may apply to receive accidental death benefits as set forth in section 10 of P.L.1944, c.255 (C.43:16A-10), and if approved, the benefits shall be made retroactive to the date of the death of the retired member. Upon the receipt of the proper proof of death of the retired member and that the death of the retired member was the direct result of the injury that caused the disability and not the retired member's willful negligence, accidental death benefits shall be paid to the survivor.
c. If the retired member's surviving spouse, surviving child, or surviving dependent parents received a payment of 3 1/2 times the retired member's compensation pursuant to paragraph (3) of section 7 of P.L.1944, c.255 (C.43:16A-7) prior to the enactment of P.L. , c. (C. )(pending before the Legislature as this bill) and is subsequently approved for accidental death benefits pursuant to P.L. , c. (C. )(pending before the Legislature as this bill), the survivor shall not receive an additional payment of 3 1/2 times the retired member's compensation under the provisions of section 10 of P.L.1944, c.255 (C.43:16A-10). There shall be only one payment of 3 1/2 times the retired member's compensation to the retired member's survivor.
2. This act shall take effect immediately.
STATEMENT
Under current law, only the survivors of active members of the Police and Firemen's Retirement System receive an accidental death benefit. Under the bill, the death of a retired member who previously qualified for accidental disability benefits will be considered a death during the performance of duties if the retired member's death is the direct result of the injury caused by the disability, complications therefrom, or the aggravation or acceleration of a preexisting condition caused thereby. Current law is expanded to permit the retired member's surviving spouse, surviving child, or surviving dependent parents, as the case may be, to apply for an accidental death benefit even though the retired member was not an active member of the retirement system upon the death.
In order to be approved for accidental death benefits, the bill requires that the survivor provide the receipt of proper proof of death of the retired member and that the death of the retired member was the direct result of the injury caused by the disability and not the retired member's willful negligence. The bill also clarifies that if a survivor is approved for accidental death benefits has already received the 3 1/2 times compensation associated with the accidental disability benefit, the survivor will not receive an additional 3 1/2 times compensation associated with the accidental death benefit.
