Bill Text: NJ S1770 | 2010-2011 | Regular Session | Introduced
Bill Title: Reinstates PFRS and SPRS accidental death benefits to certain surviving spouses who remarried.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-14 - Reviewed by the Pension and Health Benefits Commission Recommend to not enact [S1770 Detail]
Download: New_Jersey-2010-S1770-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Reinstates PFRS and SPRS accidental death benefits to certain surviving spouses who remarried.
CURRENT VERSION OF TEXT
As introduced.
An Act to reclassify certain widows and widowers as surviving spouses for purposes of the accidental death benefits of the Police and Firemen's Retirement System of New Jersey and the State Police Retirement System of New Jersey.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Any person who was married to a member of the Police and Firemen's Retirement System who died in active service as a result of an accident met in the actual performance of duty and who became ineligible to receive the accidental death benefit payable pursuant to section 10 of P.L.1944, c.255 (C.43:16A-10) because of remarriage prior to the effective date of P.L.2003, c.181, shall be reclassified as a surviving widow or widower as of the effective date of this act, P.L. , c. (pending before the Legislature as this bill).
2. Any person who was married to a member of the State Police Retirement System who died in active service as a result of an accident met in the actual performance of duty and who became ineligible to receive the accidental death benefit payable pursuant to section 14 of P.L.1965, c.89 (C.53:5A-14) because of remarriage prior to the effective date of P.L.2003, c.181, shall be reclassified as a surviving spouse as of the effective date of this act, P.L. , c. (pending before the Legislature as this bill).
3. This act shall take effect immediately.
STATEMENT
This bill reclassifies as surviving spouses persons who remarried prior to the elimination of the remarriage prohibition for Police and Firemen's Retirement System (PFRS) and State Police Retirement System (SPRS) accidental death benefits and permits these individuals to again receive an accidental death benefit.
Before enactment of P.L.2003, c.181 on September 12, 2003, a surviving spouse ceased to be eligible for the accidental death benefit if he or she remarried. Now, a surviving spouse may remarry without losing the benefit. However, a surviving spouse who remarried prior to the effective date of this law remains ineligible to receive this accidental death benefit.
This bill ensures equitable treatment for all surviving spouses by reinstating accidental death benefits regardless of when the surviving spouse remarried.
Under the PFRS, when a member of the system dies in active service as a result of an accident met in the actual performance of duty, the surviving spouse is eligible to receive a survivorship benefit consisting of (i) a pension equal to 70% of the compensation upon which contributions by the member were based in the last year of creditable service, and (ii) State-paid coverage under the member's employer-sponsored health insurance plan. Under the SPRS, the corresponding accidental death benefit to the surviving spouse is a pension of 70% of the average compensation received by the member in the last 12 months of creditable service prior to death, plus the health benefit coverage. In the absence of a surviving spouse, other benefits may be payable to the decedent's children or parents; in addition, a lump sum benefit is payable to whatever beneficiary the member has designated in writing.
