ASSEMBLY, No. 2013

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 8, 2010

 


 

Sponsored by:

Assemblywoman  CAROLINE CASAGRANDE

District 12 (Mercer and Monmouth)

Assemblyman  GARY R. CHIUSANO

District 24 (Sussex, Hunterdon and Morris)

Assemblywoman  ALISON LITTELL MCHOSE

District 24 (Sussex, Hunterdon and Morris)

 

 

 

 

SYNOPSIS

     Prohibits payment of temporary disability benefits to incarcerated individuals.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act prohibiting the payment of temporary disability benefits to incarcerated individuals and amending P.L.1948, c.110.

 

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

 

     1.    Section 15 of P.L.1948, c.110 (C.43:21-39) is amended to read as follows:

     15.  Limitation of benefits.  Notwithstanding any other provision of the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), no benefits shall be payable under the State plan to any person:

     (a)   for the first seven consecutive days of each period of disability; except that if benefits shall be payable for three consecutive weeks with respect to any period of disability commencing on or after January 1, 1968, then benefits shall also be payable with respect to the first seven days thereof;

     (b)   for more than 26 weeks with respect to any one period of disability;

     (c)   for any period of disability which did not commence while the claimant was a covered individual;

     (d)   for any period during which the claimant is not under the care of a legally licensed physician, dentist, optometrist, podiatrist, practicing psychologist, advanced practice nurse, or chiropractor, who, when requested by the division, shall certify within the scope of the practitioner's practice, the disability of the claimant, the probable duration thereof, and, where applicable, the medical facts within the practitioner's knowledge;

     (e)   (Deleted by amendment, P.L.1980, c.90.)

     (f)    for any period of disability due to willfully and intentionally self-inflicted injury, or to injury sustained in the perpetration by the claimant of a crime of the first, second, third, or fourth degree, or for any period during which a covered individual would be disqualified for unemployment compensation benefits for gross misconduct under subsection (b) of R.S. 43:21-5;

     (g)   for any period during which the claimant performs any work for remuneration or profit;

     (h)   in a weekly amount which together with any remuneration the claimant continues to receive from the employer would exceed regular weekly wages immediately prior to disability;

     (i)    for any period during which a covered individual would be disqualified for unemployment compensation benefits under subsection (d) of R.S.43:21-5, unless the disability commenced prior to such disqualification;

     (j)    for any period during which the claimant is incarcerated in any federal, State or municipal penal institution, jail, medical facility, public or private hospital, or in any other place because of a criminal violation of a federal, State or other municipal law or ordinance.  For purposes of this subsection, "incarcerated" means any time spent in the custody of law enforcement authorities following conviction of a criminal offense or following the entry of a guilty plea to a criminal charge by the person before a court of competent jurisdiction;

and there shall be no other cause of disqualification or ineligibility to receive disability benefits hereunder except as may be specifically provided in this act.

(cf:  P.L.2009, c.114, s.1).

 

     2.    This act shall take effect 60 days after enactment.

 

 

STATEMENT

 

     This bill amends the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.), to prohibit benefits from being paid to any claimant during any period during which the claimant is incarcerated in any federal, State or municipal penal institution, jail, medical facility, public or private hospital, or in any other place because of a criminal violation of a federal, State or other municipal law or ordinance.