[Second Reprint]

SENATE, No. 1967

STATE OF NEW JERSEY

218th LEGISLATURE

INTRODUCED FEBRUARY 22, 2018

 


 

Sponsored by:

Senator  STEPHEN M. SWEENEY

District 3 (Cumberland, Gloucester and Salem)

Senator  FRED H. MADDEN, JR.

District 4 (Camden and Gloucester)

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

Assemblyman  ADAM J. TALIAFERRO

District 3 (Cumberland, Gloucester and Salem)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Assemblywomen Mosquera, Vainieri Huttle and Downey

 

 

 

 

SYNOPSIS

     Concerns certain workers' compensation supplemental benefits.

 

CURRENT VERSION OF TEXT

     As amended on May 13, 2019 by the Senate pursuant to the Governor's recommendations.

 


An Act concerning workers' compensation 2death2 benefits 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.    a.  Beginning 2[with the fiscal year 2020, commencing July 1, 2019] on January 1, 20202, and 2in2 each fiscal year thereafter, 2[a person who is]2 1[an employee] 2[a public safety worker1, or]2 a dependent of 2[the] a2 1[employee] public safety worker1, who is receiving weekly benefits pursuant to 2[subsection (b) of R.S.34:15-12,]2 R.S.34:15-13 2[, or R.S.34:15-95]2 for a 2[disability or]2 death that occurred after December 31, 1979, and who is not entitled to receive special adjustment benefits pursuant to section 1 of P.L.1980, c.83 (C.34:15-95.4), shall be entitled to receive weekly supplemental benefits from the Second Injury Fund during the period in which the 2[person] dependent2 is eligible to receive the initially-awarded weekly benefits, whenever the amount of the initially-awarded weekly benefits is less than the total amount of weekly benefits that would be payable to the 2[person] dependent2 if that total amount included weekly supplemental benefits calculated in the manner indicated in subsection b. of this section.  In making the determination of the aggregate annual surcharge for the Second Injury Fund to be levied pursuant to paragraph (4) of subsection c. of R.S.34:15-94 for calendar year 2[2019] 20202 and each subsequent calendar year, the 1[commissioner] Commissioner of Labor and Workforce Development1 shall include the anticipated additional amounts, including administrative costs, required for payment of supplemental benefits pursuant to this section during the fiscal year which begins on July 1 of the respective calendar year.

     b.    The base amount of the weekly supplemental benefits to be paid pursuant to this section during each fiscal year shall be calculated in a manner so that when it is added to the workers' compensation weekly 2death2 benefits initially awarded, the sum of the initial award and the base weekly supplemental benefits shall bear the same percentage relationship to the maximum workers' compensation 2death benefit2 rate for the current fiscal year that the 2[person's] dependent’s2 initial 2[compensation] weekly death benefits2 bore to the maximum workers' compensation 2death benefit2 rate in effect at the time of the 2[injury or]2 death 1[. The actual amount of the supplemental benefits paid pursuant to this section shall be 33 1/3% of the base amount during fiscal year 2020; 66 2/3% of the base amount during fiscal year 2021; and 100% of the base amount during fiscal year 2022 and thereafter]1, except that:

     (1) 2[The actual amount of the supplemental benefits paid pursuant to this section shall be reduced if necessary, and as much as is needed, to ensure that the sum of disability benefits provided under the Federal Old Age, Survivors and Disability Insurance Act, the weekly supplemental benefits and the workers' compensation initially awarded does not, with respect to any particular case, exceed the amount which would cause any reduction pursuant to 42 U.S.C. 424a of the amount of disability benefits for which the individual is eligible under the Federal Old Age, Survivors and Disability Insurance Act;

     (2)]2 The actual amount of the supplemental benefits paid pursuant to this section to any 2[individual] dependent2 shall 2[, in cases not subject to the provisions of paragraph (1) of this subsection,]2 be reduced by an amount equal to the 2[individual’s] dependent’s2 benefit payable under the Federal Old-Age, Survivors’ and Disability Insurance Act 2[(except for] , excluding any2 disability benefits paid to that 2[individual] dependent2 under that act and any cost of living increases in benefits paid to that 2[individual] dependent2 under that 2[act),] act, or2 Black Lung benefits 2[, or the employer’s share of disability pension payments received from or on account of an employer]2;

     2[(3)] (2)2 A supplemental benefit shall not be paid if the actual amount of the benefit to be paid is calculated to be less than $5 per week, and

     2[(4)] (3)2 A supplemental benefit shall not be paid to 2[an individual] a dependent2 who elects to not receive benefits under the Federal Old Age, Survivors and Disability Insurance Act for which the 2[individual] dependent2 is eligible.

     c.     Notwithstanding any other provision of this section, weekly supplemental benefits paid pursuant to this section shall not be paid in a manner which in any way changes or modifies the provisions of sections 1 or 9 of P.L.1980, c.83 (C.34:15-95.4 and 34:15-95.5).

     d.    An insurance carrier or self-insured employer responsible for the payment of workers’ compensation 2death benefits2 to 2[an individual] a dependent2 shall notify the Division of Workers’ Compensation of the need to have the Second Injury Fund make supplemental benefit payments to the 2[individual] dependent2 pursuant to this section not later than the 60th day after the date on which it is determined that the payment of supplemental benefits is required pursuant to this section.  If the insurance carrier or self-insured employer fails to notify the division and that failure results in the payment of an incorrect amount of benefits, the liability for the payment of the supplemental benefits shall be transferred from the Second Injury Fund to the employer until the time at which the insurance carrier or self-insured employer provides the required notice.

     1e.   For the purposes of this section, “public safety worker” means a member, employee, or officer of a paid, partially-paid, or volunteer fire or police department, force, company or district, including the State Police or a first aid or rescue squad.1

 

     22.   In making the determination of the aggregate annual surcharge for the Second Injury Fund to be levied pursuant to paragraph (4) of subsection c. of R.S.34:15-94 for calendar year 2020, the Commissioner of Labor and Workforce Development shall include the anticipated additional amounts, including administrative costs, required for the payment of supplemental benefits which shall begin on January 1, 2020 pursuant to section 1 of P.L.    , c.    (C.    ) (pending before the Legislature as this bill).2

 

     2[2.] 3.2     This act shall take effect immediately.