S65

An Act concerning firefighters and cancer and amending and supplementing P.L.1944, c.255 and supplementing chapter 15 of Title 34 of the Revised Statutes.

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

1. (New section) a. Cancer developed by a firefighter who has been assigned to at least six years of hazardous duty as a firefighter shall be presumed to be an occupational disease compensable under the provisions of R.S.34:15-1 et seq., if the firefighter was exposed to an agent classified by the International Agency for Research on Cancer or its successor organization as a group 1 or 2A carcinogen.

b. The presumption described in subsection a. of this section may be rebutted by evidence that the firefighter:

(1) was exposed, outside the scope of the firefighter’s official duties, to cigarettes, tobacco products, or other conditions presenting an extremely high risk for the development of the cancer alleged, which exposure was probably a significant factor in the cause or progression of the cancer;

(2) was not exposed to an agent classified by the International Agency for Research on Cancer or its successor organization as a group 1 or 2A carcinogen;

(3) incurred the type of cancer alleged before becoming a member of the fire department; or

(4) is 70 years of age or older.

c. The presumption described in subsection a. of this section shall not apply if it has been more than 20 years since the firefighter was last assigned to hazardous duty as a firefighter.

d. Compensation for cancer developed by a firefighter in the course of hazardous duty is payable pursuant to this section only in the event of disability permanent in quality and partial in character, disability permanent in quality and total in character, or death.

2. (New section) a. The Division of Workers’ Compensation, in consultation with the New Jersey Compensation Rating and Inspection Bureau and the Division of Pensions of the Department of the Treasury, shall prepare a report containing the following information regarding presumed cancer claims under sections 1 and 4 of this act:

(1) the number of approved claims;

(2) the number of disapproved claims;

(3) the number of active claims; and

(4) the cost related to claims described in paragraphs (1) and (3) of this subsection.

b. The division shall submit the initial report required pursuant to this section not later than two years after the effective date of this act, and an updated report every two years thereafter, to all of the following:

(1) the Speaker and the Minority Leader of the General Assembly;

(2) the President and Minority Leader of the Senate;

(3) the New Jersey State Fire Chiefs Association, or its successor organization;

(4) the Professional Firefighters Association of New Jersey or its successor organization; and

(5) the New Jersey League of Municipalities, or its successor organization.

3. 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,

(a) 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; or

(b) that the member in service is a firefighter presumed to have incurred cancer during and as a result of the performance of his regular or assigned duties pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

The application to accomplish such retirement must be filed within five years of the original traumatic event or the first diagnosis by a licensed physician of the cancer for which the member is seeking an accidental disability retirement allowance under paragraph (b) of this subsection, 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 or the cancer 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.

(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)

4. (New Section) a. Cancer developed by a firefighter who has been assigned to at least six years of hazardous duty as a firefighter shall be presumed to have been incurred during and as a result of the performance of the firefighter’s regular or assigned duties if the firefighter was exposed to an agent classified by the International Agency for Research on Cancer or its successor organization as a group 1 or 2A carcinogen.

b. The presumption described in subsection a. of this section may be rebutted by evidence that the firefighter:

(2) was not exposed to an agent classified by the International Agency for Research on Cancer or its successor organization as a group 1 or 2A carcinogen;

(3) incurred the type of cancer alleged before becoming a member of the fire department; or

(4) is 70 years of age or older.

c. The presumption described in subsection a. of this section shall not apply if it has been more than 20 years since the firefighter was last assigned to hazardous duty as a firefighter.

5. This act shall take effect immediately.

STATEMENT

This bill creates a presumption that certain firefighters who develop cancer are eligible for workers’ compensation and accidental disability pensions.

This bill stipulates that cancer developed by a firefighter who has been assigned to at least six years of hazardous duty as a firefighter will be presumed to be an occupational disease compensable pursuant to the workers’ compensation law, or, for purposes of receiving an accidental disability retirement allowance, presumed to have been incurred during and as a result of the performance of the firefighter’s regular or assigned duties, if the firefighter was exposed to an agent classified by the International Agency for Research on Cancer or its successor organization as a group 1 or 2A carcinogen.

The presumption may be rebutted by evidence that the firefighter:

(2) was not exposed to an agent classified by the International Agency for Research on Cancer or its successor organization as a group 1 or 2A carcinogen;

(3) incurred the type of cancer alleged before becoming a member of the fire department; or

(4) is 70 years of age or older.

The presumption will not apply if it has been more than 20 years since the firefighter was last assigned to hazardous duty as a firefighter.

The bill requires the Division of Workers’ Compensation, in consultation with the New Jersey Compensation Rating and Inspection Bureau and the Division of Pensions of the Department of the Treasury, to prepare and submit a report containing the following information regarding presumed cancer claims:

(1) the number of approved claims;

(2) the number of disapproved claims;

(3) the number of active claims; and

(4) the cost related to those claims.