Bill Text: NJ A3854 | 2010-2011 | Regular Session | Introduced
Bill Title: Extends period for requested medical exam for disability benefits under PFRS to every two years until 55 years of age.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2011-05-06 - Reviewed by the Pension and Health Benefits Commission Recommend to enact [A3854 Detail]
Download: New_Jersey-2010-A3854-Introduced.html
Sponsored by:
Assemblyman MATTHEW W. MILAM
District 1 (Cape May, Atlantic and Cumberland)
Assemblywoman CELESTE M. RILEY
District 3 (Salem, Cumberland and Gloucester)
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
Co-Sponsored by:
Assemblywoman Lampitt and Assemblyman O'Donnell
SYNOPSIS
Extends period for requested medical exam for disability benefits under PFRS to every two years until 55 years of age.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning disability benefits of the Police and Firemen's Retirement System and amending P.L.1944, c.255.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.1944, c.255 (C.43:16A-7) is amended to read as follows:
7. (1) Upon the written application by a member in service, by one acting in his behalf or by his employer any member may be retired on an accidental disability retirement allowance; provided, that the medical board, after a medical examination of such member, shall certify 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 and that such disability was not the result of the member's willful negligence and that such member is mentally or physically incapacitated for the performance of his usual duty and of any other available duty in the department which his employer is willing to assign to him. 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 other circumstances beyond the control of the member.
Any beneficiary under the age of 55 years who has been retired on an accidental disability retirement allowance under this section, on his request shall, or upon the request of the retirement system may, be given a medical examination and he shall submit to any examination by a physician or physicians designated by the medical board once a year for at least a period of five years and thereafter, if deemed necessary, every two years in order to determine that the beneficiary continues to qualify for an accidental disability retirement allowance in accordance with this section.
(2) Upon retirement for accidental disability, a member shall receive an accidental disability retirement allowance which shall consist of:
(a) An annuity which shall be the actuarial equivalent of his aggregate contributions and
(b) A pension in the amount which, when added to the member's annuity, will provide a total retirement allowance of 2/3 of the member's actual annual compensation for which contributions were being made at the time of the occurrence of the accident or at the time of the member's retirement, whichever provides the largest possible benefit to the member.
(3) Upon receipt of proper proofs of the death of a member who has retired on accidental disability retirement allowance, there shall be paid to such member's beneficiary, an amount equal to 3 1/2 times the compensation upon which contributions by the member to the annuity savings fund were based in the last year of creditable service; provided, however, that if such death shall occur after the member shall have attained 55 years of age the amount payable shall equal 1/2 of such compensation instead of 3 1/2 times such compensation.
(4) 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.
(cf: P.L.1997, c.281, s.1)
2. Section 8 of P.L.1944, c.255 (C.43:16A-8) is amended to read as follows:
8. (1) Upon the receipt by the retirement system of a written application for a disability retirement allowance, the system shall refer the application to the medical board, which shall designate a physician or physicians to examine the applicant and the report of the medical board shall be considered by the board of trustees in acting upon such application.
(2) Any beneficiary under the age of 55 years who has been retired on a disability retirement allowance under this act, on his request shall, or upon the request of the retirement system may, be given a medical examination and he shall submit to any examination by a physician or physicians designated by the medical board once a year for at least a period of five years and thereafter, if deemed necessary, every two years following his retirement in order to determine whether or not the disability which existed at the time he was retired has vanished or has materially diminished. If the report of the medical board shall show that such beneficiary is able to perform either his former duty or any other available duty in the department which his employer is willing to assign to him, the beneficiary shall report for duty; such a beneficiary shall not suffer any loss of benefits while he awaits his restoration to active service. If the beneficiary fails to submit to any such medical examination or fails to return to duty within 10 days after being ordered so to do, or within such further time as may be allowed by the board of trustees for valid reason, as the case may be, the pension shall be discontinued during such default.
(3) (Deleted by amendment.)
(4) If a disability beneficiary is restored to active service, his retirement allowance and the right to any death benefit as a result of his former membership, shall be canceled until he again retires.
Such person shall be reenrolled in the retirement system and shall contribute thereto at a rate based on his age at the time of prior enrollment. Such person shall be treated as an active member for determining disability or death benefits while in service.
Upon subsequent retirement of such member, he shall receive a retirement allowance based on all his service as a member computed in accordance with applicable provisions of this act, but the total retirement allowance upon subsequent retirement shall not be a greater proportion of his average final compensation or final compensation, whichever is applicable, than the proportion to which he would have been entitled had be remained in service during the period of his prior retirement. Any death benefit to which such member shall be eligible shall be based on his latest retirement.
(cf: P.L.1999, c.428, s.4)
3. This act shall take effect immediately.
STATEMENT
This bill concerns the requirement that a beneficiary of an ordinary or accidental disability pension under the Police and Firemen's Retirement System (PFRS) must submit to a medical examination by a physician or physicians designated by PFRS. Concerning ordinary disability retirement benefits, current law provides that a beneficiary under the age of 55 years who has been retired on an allowance must submit to such medical examination once a year for at least five years following retirement to determine whether the disability has vanished or materially diminished. Failure to comply may result in the discontinuance of benefits. Concerning accidental disability benefits, however, current law does not specify a requirement for the reexamination of a beneficiary after the initial medical examination of the member to determine the member's eligibility for benefits.
The bill requires a beneficiary under the age of 55 years of either an ordinary or an accidental disability allowance to submit to a medical examination once a year for at least five years and thereafter, if deemed necessary by the retirement system, every two years.
