New Jersey-2024-A4748-Introduced

An Act concerning the accidental death benefits of the State Police Retirement System and amending P.L.2021, c.75.

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

1. Section 1 of P.L.2021, c.75 (C.53:5A-14.5) is amended to read as follows:

1. a. (1) The surviving spouse or surviving child or children of a retired member of the State Police Retirement System who received an accidental disability retirement allowance in accordance with subsection a. of section 10 of P.L.1965, c.89 (C.53:5A-10), an ordinary disability retirement allowance in accordance with section 9 of P.L.1965, c.89 (C.53:5A-9), a special retirement allowance in accordance with section 27 of P.L.1965, c.89 (C.53:5A-27), or a service retirement allowance in accordance with section 8 of P.L.1965, c.89 (C.53:5A-8) shall receive the accidental death benefits as set forth in section 14 of P.L.1965, c.89 (C.53:5A-14), provided that [the retired member died before July 8, 2019 and] the surviving spouse, child, or children submit documentation that the member would have qualified for, or did qualify for, a retirement allowance in accordance with subsection e. of section 10 of P.L.1965, c.89 (C.53:5A-10), upon the submission to the board of trustees of proper proofs of the death of that retiree, except that the written and sworn statement specified in paragraph (4) of subsection e. of section 10 of P.L. 1965, c.89 (C.53:5A-10) shall not be required, notwithstanding any other provision of law or regulation to the contrary. Notwithstanding the provision of subsection c. of section 10 of P.L.1965, c.89 (C.53:5A-10) or any other provision of law to the contrary, the lump sum benefit of 3 1/2 times final compensation in subsection e. of section 14 of P.L.1965, c.89 (C.53:5A-14) shall apply.

(2) The surviving spouse or surviving child or children, or any legal guardian of the surviving child or children, shall be eligible to receive the accidental death benefits as set forth in section 14 of P.L.1965, c.89 (C.53:5A-14), upon the submission to the board of trustees of proper proofs of the death of the member or retiree, notwithstanding any other provision of law or regulation to the contrary, if the spouse, child, children, or guardian submits sufficient documentation that the deceased member or retiree would have qualified for, or did qualify for, an accidental disability retirement allowance in accordance with subsection e. of section 10 of P.L.1965, c.89 (C.53:5A-10). The board of trustees shall require the submission of such information as the deceased member or retiree would have been required to submit in accordance with subsection e. of section 10 of P.L.1965, c.89 (C.53:5A-10) and such other information as the board of trustees may deem necessary to make a determination, except that the written and sworn statement specified in paragraph (4) of subsection e. of section 10 of P.L. 1965, c.89 (C.53:5A-10) shall not be required. Notwithstanding any other provision of law to the contrary, the lump sum benefit of 3 1/2 times final compensation in subsection e. of section 14 of P.L.1965, c.89 (C.53:5A-14) shall apply.

(3) Paragraphs (1) and (2) of this subsection shall apply only if the member's or retiree's death was the result of a qualifying condition or impairment of health as defined in subsection e. of section 10 of P.L.1965, c.89 (C.53:5A-10) which the medical board or the World Trade Center Health Program determines to be caused by participation in World Trade Center rescue, recovery, or cleanup operations.

b. (1) The surviving spouse of a deceased retired member who is receiving a pension in accordance with section 25 of P.L.1965, c.89 (C.53:5A-25) due to the death of the retired member [on or before July 8, 2019] shall be eligible to apply to the board of trustees and, upon approval of the application by the board, shall receive the accidental death benefits set forth in section 14 of P.L.1965, c.89 (C.53:5A-14) if the surviving spouse submits sufficient documentation that the deceased retiree would have qualified, or did qualify, for a retirement under subsection e. of section 10 of P.L.1965, c.89 (C.53:5A-10) [but for the fact that the benefit was not available to the retiree prior to the retiree's death] , or if the member previously filed the written and sworn statement required pursuant to paragraph (4) of subsection e. of section 10 of P.L. 1965, c.89 (C.53:5A-10).

(2) A surviving spouse who received the pension in accordance with section 25 of P.L.1965, c.89 (C.53:5A-25), but whose eligibility for that pension was terminated because the surviving spouse no longer met the definition of "surviving spouse" as set forth in section 3 of P.L.1965, c.89 (C.53:5A-3), shall be eligible to apply to the board of trustees and, upon approval of the application by the board, shall receive the accidental death benefits set forth in section 14 of P.L.1965, c.89 (C.53:5A-14) under the same terms and conditions and pursuant to the same requirements as set forth in paragraph (1) of this subsection. If the former spouse receives the accidental death benefits as set forth in section 14 of P.L.1965, c.89 (C.53:5A-14), a surviving child or children who are receiving benefits pursuant to section 25 of P.L.1965, c.89 (C.53:5A-25) shall no longer be eligible to receive those benefits.

(3) If there is no surviving spouse or no former surviving spouse because the spouse has died or has declined in writing to apply pursuant to paragraph (2) of this subsection, the surviving child or surviving children who are receiving benefits in accordance with section 25 of P.L.1965, c.89 (C.53:5A-25) on the effective date of [this act,] P.L.2021, c.75 (C.53:5A-14.5), or any legal guardian of the child or children, may submit the application and receive the benefits set forth in section 14 of P.L.1965, c.89 (C.53:5A-14) under the same terms and conditions and pursuant to the same requirements as set forth in paragraph (1) of this subsection.

(4) The board of trustees shall provide written notification to each surviving spouse, former surviving spouse, and surviving child, and any legal guardian of a surviving child, of the provisions of this subsection, within [30] 60 days after the effective date of [this act] P.L. , c. (pending before the Legislature as this bill) by letter sent via certified mail.

(5) In order to receive the benefit provided in this subsection, a surviving spouse, former surviving spouse, or surviving child, or any legal guardian of the surviving child, shall submit an application not later than two years after the date of the member or retiree's death, or two years after the effective date of [this act] P.L. , c. (pending before the Legislature as this bill), whichever is later.

(6) The board of trustees shall require the surviving spouse, former surviving spouse, or surviving child, or any legal guardian of the surviving child, to submit such information as the deceased member or retiree would have been required to submit in accordance with subsection e. of section 10 of P.L.1965, c.89 (C.53:5A-10) and such other information as the board of trustees may deem necessary to review the application and make a determination, except that the written and sworn statement specified in paragraph (4) of subsection e. of section 10 of P.L. 1965, c.89 (C.53:5A-10) shall not be required. Paragraphs (1), (2), and (3) of this subsection shall apply only if the retiree's death was the result of a qualifying condition or impairment of health as defined in subsection e. of section 10 of P.L.1965, c.89 (C.53:5A-10) which the medical board or the World Trade Center Health Program determines to be caused by participation in World Trade Center rescue, recovery, or cleanup operations [and if the deceased member or retiree died before July 8, 2019].

(7) Upon approval of an application, the surviving spouse, former surviving spouse, or surviving child or children, or any legal guardian of the surviving child or children, shall receive the annual payments of the accidental death benefit, and the lump sum death benefit payment, as set forth in section 14 of P.L.1965, c.89 (C.53:5A-14). The annual benefit payments shall apply only for payments made after the effective date of [this act] P.L.2021, c.75. No surviving spouse or former surviving spouse or surviving child, or any legal guardian of the surviving child, shall be granted a retroactive payment based upon the difference between the benefit the person would have received if the benefit pursuant to this subsection had been applicable on the date of death of the retiree and the benefit that the person has received from that date of death to the effective date of [this act] P.L.2021, c.75, or the date of the application approval, whichever is later. The lump sum benefit paid to a beneficiary shall be and shall not exceed 3 1/2 times the retiree's final compensation in total regardless of the provision of law under which the lump sum death benefit was paid.

(8) The health care benefit premiums to be paid by the State in accordance with subsection h. of section 14 of P.L.1965, c.89 (C.53:5A-14) shall apply if the surviving spouse, former surviving spouse, or surviving child or children are still receiving coverage from the employer-sponsored health insurance program or, if that coverage was terminated, can again become eligible for such coverage. If such coverage is no longer available, the surviving spouse, former surviving spouse, or surviving child or children shall be eligible to enroll in the State Health Benefits Program, P.L.1961, c.49 (C.52:14-17.25 et seq.), notwithstanding any provision thereof to the contrary.

c. This act, P.L.2021, c.75 (C.53:5A-14.5), shall be known and may be cited as the Trooper I Robert Nagle and Staff Sergeant Bryan McCoy 911 First Responders Act.

(cf: P.L.2021, c.75, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill extends accidental death benefits for survivors of certain State Police Retirement System (SPRS) retirees.

Under current law, the surviving spouse or child of a retired member of the SPRS who died on or before July 8, 2019 and had been receiving an accidental disability retirement allowance is permitted to apply to receive accidental death benefits if the retired member had a qualifying condition or impairment of health due to World Trade Center rescue, recovery, or cleanup operations.

This bill removes the limitation that only a surviving spouse or child of a qualifying SPRS retiree who died before July 8, 2019 is eligible, so that the provisions will apply regardless of when the SPRS retiree died. In addition, this bill establishes eligibility for a surviving spouse or child of a qualifying SPRS member who had been receiving an ordinary disability retirement, a special retirement, or a service retirement. This bill prohibits a written and sworn statement from being required when applying for the accidental death benefits.

Under current law, a spouse or child is only eligible for accidental death benefits if the member's or retiree's death was the result of a qualifying condition or impairment of health which the medical board determines to be caused by participation in World Trade Center rescue, recovery, or cleanup operations. This bill also allows the World Trade Center Health Program to make this determination.

Under current law, the spouse of a deceased retired member who is receiving a pension due to the death of that member on or before July 8, 2019 is eligible to apply to the board of trustees and, upon approval of the application by the board, will receive the accidental death benefits if the surviving spouse submits sufficient documentation that the deceased retiree would have qualified for a retirement. This bill also allows the spouse to apply if the member did qualify for retirement or if the member previously filed the required written and sworn statement.

This bill requires notification to SPRS surviving spouses and children of the changes made by the bill by certified mail within 60 days after the bill's effective date.

Under current law, a surviving spouse, former surviving spouse, or surviving child, or any legal guardian of the surviving child, must submit an application not later than two years after the effective date of the law. This bill allows survivors to submit an application not later than two years after the date of the member or retiree's death, or two years after the effective date of this bill, whichever is later.

Under current law, a surviving spouse or former surviving spouse or surviving child, or any legal guardian of the surviving child, is prohibited from being granted a retroactive payment based upon the difference between the benefit the person would have received if the benefit had been applicable on the date of death of the retiree and the benefit that the person has received from that date of death to the effective date of the law. This bill also provides that these survivors are prohibited from being granted a retroactive payment based upon the difference between the benefit the person would have received if the benefit had been applicable on the date of death of the retiree and the benefit that the person has received from that date of death to the date of the application approval if the date of approval is later than the effective date of the law.