Bill Text: NJ A3015 | 2012-2013 | Regular Session | Introduced
Bill Title: Allows application for PERS accidental disability benefit for injury sustained while employed at State psychiatric institution or correctional facility immediately prior to PERS membership.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-06-07 - Introduced, Referred to Assembly State Government Committee [A3015 Detail]
Download: New_Jersey-2012-A3015-Introduced.html
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Allows application for PERS accidental disability benefit for injury sustained while employed at State psychiatric institution or correctional facility immediately prior to PERS membership.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning accidental disability benefits under the Public Employees' Retirement System of New Jersey and amending P.L.1954, c.84.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 43 of P.L.1954, c.84 (C.43:15A-43) is amended to read as follows:
43. A member who has not attained age 65 shall, upon the application of the head of the department in which he is employed or upon his own application or the application of one acting in his behalf, be retired by the board of trustees, if said employee 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, on an accidental disability allowance. A traumatic event occurring during voluntary performance of regular or assigned duties at a place of employment before or after required hours of employment which is not in violation of any valid work rule of the employer or otherwise prohibited by the employer shall be deemed as occurring during the performance of regular or assigned duties. A traumatic event (1) occurring during and as a result of the performance of a State employee's regular or assigned duties as, but not limited to, a doctor, nurse, healthcare worker, social worker, or correction officer caring for or guarding individuals who are permanently or temporarily incarcerated for any reason at Trenton Psychiatric Hospital, any other State psychiatric institution or any State correctional facility and (2) occurring when the employee is employed temporarily and not yet eligible for membership in the retirement system shall be deemed as occurring during membership, if the employee becomes a member of the retirement system without interruption in that employment.
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 circumstances beyond the control of the member.
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.
Before consideration of the application by the board of trustees, the physician or physicians designated by the board shall have first made a medical examination of the member at his residence or at any other place mutually agreed upon and shall have certified to the board that he is physically or mentally incapacitated for the performance of duty, and should be retired, and the appointing authority shall have certified to the board 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, the time and place where the duty causing the disability was performed, that the disability was not the result of his willful negligence and that the member should be retired.
No person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.3 shall be eligible for retirement pursuant to this section.
(cf: P.L. 2010, c.3, s.9)
2. This act shall take effect immediately and shall be retroactive to January 1, 2003.
STATEMENT
This bill allows a member of the Public Employees' Retirement System (PERS) to apply for accidental disability benefits based upon an injury sustained while employed temporarily at Trenton Psychiatric Hospital, any other State psychiatric institution or any State correctional facility, which injury continues to be disabling after the person becomes a PERS member. Temporary public employees are not eligible for PERS membership until the employment becomes permanent or the passage of one year, whichever occurs first. Currently, persons employed temporarily at any State psychiatric institution or any State correctional facility who are injured while ineligible for PERS membership are eligible for workers compensation benefits only. They are not eligible for PERS accidental disability benefits even after attaining PERS member status because the injury occurred when not a PERS member.
The bill provides that, for purposes of application for a PERS accidental disability benefit, a traumatic event (1) occurring during and as a result of the performance of a State employee's regular or assigned duties as, but not limited to, a doctor, nurse, healthcare worker, social worker, or correction officer caring for or guarding individuals who are permanently or temporarily incarcerated for any reason at Trenton Psychiatric Hospital, any other State psychiatric institution or any State correctional facility and (2) occurring when the employee is employed temporarily and not yet eligible for membership in the retirement system will be deemed as occurring during membership, if the employee becomes a member of the retirement system without interruption in that employment.
