ASSEMBLY, No. 422

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman KELLY

An Act concerning accidental disability retirement for certain members of the Police and Firemen's Retirement System and amending P.L.1944, c.255.

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

    1. 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, 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. The application to accomplish such retirement must be filed within five years of the original traumatic event, 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 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.

    The provisions of this subsection shall also apply to a member who is a fireman and who is permanently and totally disabled as a direct result of a traumatic event occurring during and as a result of participating in off-duty firefighting activities in a municipality other than the municipality in which the fireman is employed, provided that the member's disability was not the result of the member's willful negligence and that the member is mentally or physically incapacitated for the performance of the member's usual duty or any other available duty in the department which the employer is willing to assign to 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.

    (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.1989, c.204, s.3)

    2. This act shall take effect immediately.

Provides for accidental disability retirement for certain PFRS members who participate in off-duty firefighting activities in a municipality other than the one in which they are employed.