ASSEMBLY, No. 873

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman BLEE

An Act concerning accidental death benefits for survivors of certain police officers and amending P.L.1954, c.84.

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

    1. Section 49 of P.L.1954, c.84 (C.43:15A-49) is amended to read as follows:

    49. a. Upon the death of a member in active service as a result of an accident met in the actual performance of duty at some definite time and place and not as the result of his willful negligence, an accidental death benefit shall be payable, if a report of the accident is filed in the office of the retirement system within 60 days next following the accident, but the board of trustees may waive such time limit, for a reasonable period, if in the judgment of the board the circumstances warrant such action.

    No such application shall be valid or acted upon unless it is filed in the office of the retirement system within five years of the date of such death.

    b. Upon the receipt of proper proofs of the death of a member on account of which an accidental death benefit is payable, there shall be paid to his widow or widower a pension of 50% of the compensation, upon which contributions by the member to the annuity savings fund were based in the last year of creditable service, for the use of herself or himself and the children of the deceased member, to continue during her or his widowhood; if there is no surviving widow or widower or in case the widow or widower dies or remarries, 20% of such compensation will be payable to one surviving child, 35% of such compensation to two surviving children in equal shares and if there be three or more children, 50% of such compensation will be payable to such children in equal shares. If there is no surviving widow, widower or child, 25% of the compensation upon which contributions by the member to the annuity savings fund were based in the last year of creditable service, will be payable to one surviving parent or 40% of such compensation will be payable to two surviving parents in equal shares. In the event of accidental death occurring in the first year of creditable service, the benefits payable pursuant to this subsection shall be computed at the annual rate of compensation.

    c. If there is no surviving widow, widower, child or parent, there shall be paid to any other beneficiary of the deceased member his accumulated deductions at the time of death.

    d. In no case shall the death benefit provided in subsection b. be less than that provided under subsection c.

    e. In addition to the foregoing benefits payable under subsection b. or c., there shall also be paid in one sum to such member's beneficiary an amount equal to one and one-half times the compensation upon which contributions by the member to the annuity savings fund were based in the last year of creditable service.

    f. In addition to the foregoing benefits, the State shall pay to the employer-sponsored health insurance program of a member who meets the definition of policeman, as set forth in section 1 of P.L.1944, c.255 (C.43:16A-1), all health insurance premiums for the coverage of the member's surviving widow, widower or children.

(cf: P.L.1987, c.1, s.2)

    2. This act shall take effect immediately and shall apply to the payment of health insurance premiums of the surviving widow, widower or children of any member who meets the definition of policeman, as set forth in section 1 of P.L.1944, c.255 (C.43:16A-1), on whose behalf an accidental death benefit is payable pursuant to section 49 of P.L.1954, c.84 (C.43:15A-49).

STATEMENT

    This bill enhances the benefits payable to the survivors of certain members of the Public Employees' Retirement System (PERS) who die as the result of a service-connected accident.

    Under present law, the accidental death benefit payable under PERS consists of (1) a pension payable to the deceased member's surviving spouse, child(ren), or parent(s), and (2) a lump sum payment to the member's beneficiary in an amount equal to one and one-half times the member's compensation in the last year of creditable service.

    Under the bill, in addition to these benefits, the accidental death benefit applicable to a PERS member who meets the definition of "policeman" under the statute governing the Police and Firemen's Retirement System (PFRS) is to include payment by the State to the member's employer-sponsored health insurance program of all health insurance premiums for coverage of the member's surviving widow, widower or children.

Provides that the State shall pay health insurance premiums for survivors of certain police officers in PERS.