Bill Text: NJ A5011 | 2020-2021 | Regular Session | Introduced
Bill Title: Provides for accidental death benefit if death of TPAF member is caused by COVID-19.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-11-19 - Introduced, Referred to Assembly State and Local Government Committee [A5011 Detail]
Download: New_Jersey-2020-A5011-Introduced.html
Sponsored by:
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
SYNOPSIS
Provides for accidental death benefit if death of TPAF member is caused by COVID-19.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning an accidental death benefit in the Teachers' Pension and Annuity Fund and supplementing chapter 66 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. For purposes of paragraph (1) of subsection a. of N.J.S.18A:66-46, a member whose death is attributable to COVID-19, complications therefrom, or the aggravation or acceleration of a preexisting condition caused thereby 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 member contracted COVID-19 during the public health emergency in the State declared by the Governor in Executive Order No. 103 of 2020 and as extended;
the member dies as a result of COVID-19; and
the member's regular or assigned duties required the member to interact, and the member so interacted, with the public, other employees, students, or parents, or to directly supervise other personnel so interacting with the public, other employees, students, or parents, on any date during the public health emergency in the State declared by the Governor in Executive Order No. 103 of 2020 and as extended within 14 calendar days prior to the appearance of symptoms consistent with COVID-19 that shall have been confirmed in writing by a licensed health care provider.
The filing of an accident report with the Teachers' Pension and Annuity Fund shall not be required for an accidental death benefit allowed pursuant to this section.
If a member dies during the public health emergency in the State declared by the Governor in Executive Order No. 103 of 2020 and as extended and a beneficiary has received approvals pursuant to a provision other than this section or N.J.S.18A:66-46 prior to the effective date of this act, P.L. , c. (pending before the Legislature as this bill), the beneficiary may apply for a benefit pursuant to this section and, if approved, the prior approvals shall be rescinded and the benefit pursuant to approval under this section shall be made retroactive to the date of the rescinded initial approvals.
A person approved pursuant to this section to receive a benefit under N.J.S.18A:66-46 shall be entitled to receive health care benefits coverage for that person and any dependents through the School Employees' Health Benefits Program and the full cost of the premium or periodic charges for such coverage shall be paid by the State for five years following the date of enrollment in the program.
This section shall not apply to any member who retired and subsequently returned to employment pursuant to a provision of law, or pursuant to Executive Order No. 115 of 2020, permitting a retired member to return to employment without reenrollment.
2. This act shall take effect immediately and be retroactive to March 9, 2020.
STATEMENT
This bill provides for an accidental death benefit when a member of the Teachers' Pension and Annuity Fund dies as a result of COVID -19. Under this bill, a member whose death is attributable to COVID-19, complications therefrom, or the aggravation or acceleration of a preexisting condition caused thereby will 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 member contracted COVID-19 during the public health emergency in the State declared by the Governor in Executive Order No. 103 of 2020 and as extended;
the member dies as a result of COVID-19; and
the member's regular or assigned duties required the member to interact, and the member so interacted, with the public, other employee, students, or parents, or to directly supervise other personnel so interacting with the public, other employees, students or parents, on any date during the public health emergency in the State declared by the Governor in Executive Order No. 103 of 2020 and as extended within 14 calendar days prior to the appearance of symptoms consistent with COVID-19 that shall have been confirmed in writing by a licensed health care provider.
If a member dies during the public health emergency in the State declared by the Governor in Executive Order No. 103 of 2020 and as extended and a beneficiary has received approvals for a benefit prior to the effective date of this bill, the beneficiary may apply for a benefit pursuant to this bill and, if approved, the prior approvals will be rescinded and the benefit pursuant to this bill will be made retroactive to the date of the rescinded initial approvals.
A person approved pursuant to this bill to receive an accidental death benefit will be entitled to receive health care benefits coverage for that person and any dependents through the School Employees' Health Benefits Program and the full cost of such coverage will be paid by the State for five years following the date of enrollment in the program.
This section will not apply to any member who retired and subsequently returned to employment pursuant to a provision of law, or pursuant to Executive Order No. 115 of 2020, permitting a retired member to return to employment without reenrollment.
