Bill Text: NJ S2689 | 2014-2015 | Regular Session | Introduced


Bill Title: Prohibits termination of law enforcement officer based upon determination that officer is physically unable to perform duty under certain circumstances.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-01-29 - Referred to Senate Budget and Appropriations Committee [S2689 Detail]

Download: New_Jersey-2014-S2689-Introduced.html

SENATE, No. 2689

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED DECEMBER 22, 2014

 


 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Prohibits termination of law enforcement officer based upon determination that officer is physically unable to perform duty under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning law enforcement officers and supplementing Title 52 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  a.  A State, county, or municipal law enforcement officer who has been injured in the performance of his duties shall not be discharged from employment as a result of a determination, based upon a medical examination by a physician designated by the employer of the law enforcement officer, that the law enforcement officer is physically incapacitated, due to the injuries, for the performance of his usual duty and of any other available duty in the department which his employer is willing to assign him.

     b.    Pending retirement, the employer of the law enforcement officer shall maintain health insurance for the law enforcement officer at the level that coverage was provided prior to the injury.  

     c.  The provisions of this section shall apply only when the law enforcement officer has filed an application for retirement with the Police and Firemen's Retirement System, the State Police Retirement System, or the Public Employees' Retirement System and the law enforcement officer has sick leave or workmen's compensation time available or the law enforcement agency is able to assign the law enforcement officer to light duty pending retirement.

     d.  The provisions of this section shall apply to both civil service and non-civil service jurisdictions.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill prohibits a law enforcement officer from being discharged from employment based upon a determination that the officer is physically incapacitated for the performance of his or her duty under certain circumstances.

     Specifically, under the provisions of this bill a State, county, or municipal law enforcement officer, who has been injured in the performance of his duties, cannot be discharged from employment as a result of a determination, based upon a medical examination by a physician that was designated by the officer's employer, that the officer is physically incapacitated, due to the injuries, for the performance of his usual duty and of any other available duty in the department which his employer is willing to assign him.

     In addition, pending retirement, the employer of the law enforcement officer is required to maintain health insurance for the law enforcement officer at the same level that coverage was provided prior to the injury.

     These provisions would apply only when a law enforcement officer has filed an application for retirement with the Police and Firemen's Retirement System, the State Police Retirement System, or the Public Employees' Retirement System, and the officer has sick leave or workmen's compensation time available or the law enforcement agency has the ability to assign the officer to light duty pending retirement.  Lastly, the provisions of this bill would apply to both civil service and non-civil service jurisdictions.

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