Bill Text: NJ A1594 | 2010-2011 | Regular Session | Introduced
Bill Title: Enhances PFRS accidental death pension benefit for survivors of member serving in nonsupervisory rank.
Spectrum: Slight Partisan Bill (Democrat 16-10)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly State Government Committee [A1594 Detail]
Download: New_Jersey-2010-A1594-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman FREDERICK SCALERA
District 36 (Bergen, Essex and Passaic)
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
Assemblyman DAVID P. RIBLE
District 11 (Monmouth)
Assemblyman GARY S. SCHAER
District 36 (Bergen, Essex and Passaic)
Co-Sponsored by:
Assemblyman McKeon, Assemblywoman Tucker, Assemblymen Biondi, Johnson, Thompson, Assemblywoman Casagrande, Assemblyman Coutinho, Assemblywomen Oliver, Wagner, Assemblymen Chiappone, DeAngelo, Wolfe, Assemblywoman Angelini, Assemblymen Ramos, Diegnan, Assemblywoman Voss, Assemblymen Holzapfel, DeCroce, Assemblywoman Addiego, Assemblymen Rudder, Giblin and Rumana
SYNOPSIS
Enhances PFRS accidental death pension benefit for survivors of member serving in nonsupervisory rank.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the accidental death benefits 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 10 of P.L.1944, c.255 (C.43:16A-10) is amended to read as follows:
10. (1) 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 such death was not the result of the member's 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.
The provisions of this subsection shall also apply to a member who is a fireman and who dies as a result of an accident met in the actual performance of duty as a volunteer fireman in any municipality in the State, provided the member's death was not the result of the member's willful negligence.
(2) 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 70% of the compensation[,] upon which contributions by the member to the annuity savings fund were based in the last year of creditable service, or in the case of a member who was serving in a nonsupervisory rank, the highest compensation within the relevant rank and department under the contract in effect at the time of death, for the use of herself or himself and the children of the deceased member; if there is no surviving widow or widower or in case the widow or widower dies, 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 dependent 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 , except in the case of a member who was serving in a nonsupervisory rank, the benefits shall be computed at the highest annual rate of compensation for that member's rank in the department under the contract in effect at the time of death.
(3) If there is no surviving widow, widower, child or dependent parent, there shall be paid to any other beneficiary of the deceased member, his aggregate contributions at the time of death.
(4) In no case shall the death benefit provided in subsection (2) be less than that provided under subsection (3).
(5) In addition to the foregoing benefits payable under subsection (2) or (3), there shall also be paid in one sum to such beneficiary, if living, as the member shall have nominated by written designation duly executed and filed with the retirement system, otherwise to the executor or administrator of the member's estate, 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.
(6) In addition to the foregoing benefits, the State shall pay to the member's employer-sponsored health insurance program all health insurance premiums for the coverage of the member's surviving widow or widower and dependent children.
(cf: P.L.2003, c.181, s.2)
2. This act shall take effect immediately and shall be retroactive to September 1, 2008.
STATEMENT
This bill enhances the accidental death pension benefit payable upon the death of certain members of the Police and Firemen's Retirement System (PFRS) in the line of duty. The bill provides that the accidental death pension for a surviving spouse and children paid on behalf of a PFRS member who was serving in a nonsupervisory rank will be based on the amount of highest compensation within the relevant rank and department under the contract in effect at the time of death, instead of the compensation upon which contributions by the member to the PFRS annuity savings fund were based in the last year of creditable service.
Under current law, the PFRS accidental death pension for a widow or widower and children is a pension of 70% of the compensation upon which contributions by the member were based in the last year of creditable service. If there is no surviving spouse, the benefit is 20% of such compensation for one surviving child, 35% of such compensation for two surviving children, or 50% of such compensation for three or more children. In addition, PFRS pays a named beneficiary an amount equal to 3 ½ times such compensation and the State provides paid health care benefits to a surviving spouse and dependent children.
