Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Senator DAWN MARIE ADDIEGO
District 8 (Atlantic, Burlington and Camden)
Co-Sponsored by:
Senators Diegnan, Cryan, Turner and Pou
SYNOPSIS
Provides for accidental death benefit if death of TPAF member and certain PERS members is caused by COVID-19.
CURRENT VERSION OF TEXT
As reported by the Senate State Government, Wagering, Tourism & Historic Preservation Committee on June 3, 2021, with amendments.
An Act concerning an accidental death benefit in the Teachers’ Pension and Annuity Fund 1and the Public Employees’ Retirement System,1 and supplementing chapter 66 of Title 18A of the New Jersey Statutes 1and amending P.L.2020, c.541.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) 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.
1[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.]1
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.
12. Section 4 of P.L.2020, c.54 (C.43:15A-49.1) is amended to read as follows:
4. As used in this section [,] :
“board of education” means and includes the board of education of a local school district, consolidated school district, non-operating school district, and the board of education of a limited purpose or all purpose regional district;
“county college” means an educational institution established by one or more counties, pursuant to chapter 64A of Title 18A of the New Jersey Statutes; and
“law enforcement officer” includes, but shall not be limited to, sheriff's officers and corrections officers.
For purposes of paragraph (1) of subsection a. of section 49 of P.L.1954, c.84 (C.43:15A-49), a member who is an employee of a board of education, an employee of a board of trustees of a county college, a law enforcement officer, firefighter, or emergency medical responder and 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 board of education employee, board of trustee employee, law enforcement officer, firefighter, or emergency medical responder contracted COVID-19 and the member's death occurs after receiving a positive test result for SARS-CoV-2 during the public health emergency in the State declared by the Governor in Executive Order No. 103 of 2020 and as extended;
the board of education employee, board of trustee employee, law enforcement officer, firefighter, or emergency medical responder dies as a result of COVID-19; and
the board of education employee, board of trustee employee, law enforcement officer, firefighter, or emergency medical responder's regular or assigned duties required the board of education employee, board of trustee employee, law enforcement officer, firefighter, or emergency medical responder to interact, and the board of education employee, board of trustee employee, law enforcement officer, firefighter, or emergency medical responder so interacted, with the public or to directly supervise other personnel so interacting with the public 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 and 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 on a form approved by the board of trustees of the Public Employees’ Retirement System and also confirmed by a positive test result for SARS-CoV-2.
The filing of an accident report with the Public Employees' Retirement System 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 the benefit has been approved pursuant to a provision other than this section or section 49 of P.L.1954, c.84 (C.43:15A-49) prior to the effective date of this act, P.L.2020, c.54, a beneficiary may apply for a benefit pursuant to this section and, if approved, the prior approval shall be rescinded and the benefit pursuant to approval under this section shall be made retroactive to the date of the rescinded initial approval.
This section shall not apply to any member who has retired and subsequently returned to employment pursuant to Executive Order No. 115 of 2020 or any other executive order similarly permitting a retired member to return to employment without reenrollment to assist during the public health emergency and state of emergency.1
(cf: P.L.2020, c.54, s.4)
1[2.] 3.1 This act shall take effect immediately and be retroactive to March 9, 2020.