Bill Text: NJ S2407 | 2020-2021 | Regular Session | Introduced
Bill Title: Extends accidental death benefits to certain members of PFRS, PERS,SPRS who die from COVID-19.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-07 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2407 Detail]
Download: New_Jersey-2020-S2407-Introduced.html
Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
SYNOPSIS
Extends accidental death benefits to certain members of PFRS, PERS, and SPRS who die from COVID-19.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning accidental death benefits for certain members of the Police and Firemen's Retirement System, Public Employees' Retirement System, and the State Police Retirement System who die from COVID-19 and supplementing P.L.1944, c.255 (C.43:16A-1 et seq.), P.L.1954, c.84 (C.43:15A-1 et seq.), and P.L.1965, c.89 (C.53:5A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. For purposes of paragraph (1) of section 10 of P.L.1944, c.255 (C.43:16A-10), a member whose death is attributable to COVID-19, complications therefrom, or the aggravation or acceleration of a preexisting condition caused thereby shall be deemed to have occurred as the result of an accident met in the actual performance of duty at some definite time and place if:
the member dies as a result of the disease; and
the member's regular or assigned duties required the member to interact, and the member so interacted, with the public or to directly supervise other personnel so interacting with the public on any date after declaration of the public health emergency and state of emergency and within 14 calendar days prior to the appearance of symptoms that shall have been confirmed in writing by a licensed health care provider.
The filing of an accident report with the Police and Firemen's Retirement System shall not be required for an accidental death benefit allowed pursuant to this section.
If a benefit has been approved pursuant to a provision other than this section or section 10 of P.L.1944, c.255 (C.43:16A-10) prior to the effective date of this act, P.L. , c. (pending before the Legislature as this bill), a beneficiary may apply for a benefit pursuant to this section and, if approved, the prior approval shall be rescinded and the benefit pursuant to approval under this section shall be made retroactive to the date of the initial approval of the rescinded benefit.
This section shall not apply to any member who has retired and subsequently returned to employment pursuant to Executive Order No. 115 of 2020 or any other executive order similarly permitting a retired member to return to employment without reenrollment to assist during the public health emergency or state of emergency.
2. For purposes of paragraph (1) of subsection a. of section 49 of P.L.1954, c.84 (C.43:15A-49), a member who is a law enforcement officer, firefighter, or emergency medical responder and whose death is attributable to COVID-19, complications therefrom, or the aggravation or acceleration of a preexisting condition caused thereby shall be deemed to have occurred as the result of an accident met in the actual performance of duty at some definite time and place if:
the law enforcement officer, firefighter, or emergency medical responder contracts COVID-19 during the public health emergency declared by the Governor beginning March 9, 2020 pursuant to Executive Order No. 103, Executive Order No. 119, and any other executive order subsequently extending such emergency, and the state of emergency declared by the Governor beginning March 9, 2020 pursuant to Executive Order No. 103;
the law enforcement officer, firefighter, or emergency medical responder dies as a result of the disease; and
the law enforcement officer, firefighter, or emergency medical responder's regular or assigned duties required the law enforcement officer, firefighter, or emergency medical responder to interact, and the law enforcement officer, firefighter, or emergency medical responder so interacted, with the public or to directly supervise other personnel so interacting with the public on any date after declaration of the public health emergency and state of emergency and within 14 calendar days prior to the appearance of symptoms that shall have been confirmed in writing by a licensed health care provider.
The filing of an accident report with the Public Employees' Retirement System shall not be required for an accidental death benefit allowed pursuant to this section.
If an application of a beneficiary has been approved pursuant to a provision other than this section or section 49 of P.L.1954, c.84 (C.43:15A-49) prior to the effective date of this act, P.L. , c. (pending before the Legislature as this bill), a beneficiary may apply for a benefit pursuant to this section and, if approved, the prior approval shall be rescinded and the benefit pursuant to approval under this section shall be made retroactive to the date of the rescinded initial approval.
This section shall also apply to a law enforcement officer, firefighter, or emergency medical responder who was performing regular or assigned duties but not yet enrolled in the Public Employees' Retirement System who would otherwise be eligible for a benefit pursuant to this section.
This section shall not apply to any member who has retired and subsequently returned to employment pursuant to Executive Order No. 115 of 2020 or any other executive order similarly permitting a retired member to return to employment without reenrollment to assist during the public health emergency or state of emergency.
As used in this section, "law enforcement officer" includes, but shall not be limited to, sheriff's officers and corrections officers.
3. For purposes of subsection a. of section 14 of P.L.1965, c.89 (C.53:5A-14), a member whose death is attributable to COVID-19, complications therefrom, or the aggravation or acceleration of a preexisting condition caused thereby shall be deemed to have occurred as the result of an accident met in the actual performance of duty at some definite time and place if:
the member contracts COVID-19 during the public health emergency declared by the Governor beginning March 9, 2020 pursuant to Executive Order No. 103, Executive Order No. 119, and any other executive order subsequently extending such emergency, and the state of emergency declared by the Governor beginning March 9, 2020 pursuant to Executive Order No. 103;
the member dies as a result of the disease; and
the member's regular or assigned duties required the member to interact, and the member so interacted, with the public or to directly supervise other personnel so interacting with the public on any date after declaration of the public health emergency and state of emergency and within 14 calendar days prior to the appearance of symptoms that shall have been confirmed in writing by a licensed health care provider.
The filing of an accident report with the State Police Retirement System shall not be required for an accidental death benefit allowed pursuant to this section.
If a benefit has been approved pursuant to a provision other than this section or section 14 of P.L.1965, c.89 (C.53:5A-14) prior to the effective date of this act, P.L. , c. (pending before the Legislature as this bill), a beneficiary may apply for a benefit pursuant to this section and, if approved, the prior approval shall be rescinded and the benefit pursuant to approval under this section shall be made retroactive to the date of the initial approval of the rescinded benefit.
This section shall also apply to a member who was performing regular or assigned duties but not yet enrolled in the State Police Retirement System who would otherwise be eligible for a benefit pursuant to this section.
This section shall not apply to any member who has retired and subsequently returned to employment pursuant to Executive Order No. 115 of 2020 or any other executive order similarly permitting a retired member to return to employment without reenrollment to assist during the public health emergency or state of emergency.
4. This
act shall take effect immediately and shall be retroactive to March 9, 2020.
STATEMENT
This bill extends accidental death benefits to certain members of the Police and Firemen's Retirement System, the Public Employees' Retirement System, and the State Police Retirement System who die from coronavirus disease 2019, more commonly referred to as "COVID-19."
Upon the death of a law enforcement officer, firefighter, or emergency medical responder, eligible beneficiaries can obtain an accidental death benefit provided an accident occurred during the performance of duty at some definite time and place. This bill deems a death attributable to COVID-19, complications therefrom, or the aggravation or acceleration of a preexisting condition caused thereby as an accident that occurred in the actual performance of duty at some definite time and place provided the following conditions are met:
(1) the law enforcement officer, firefighter, or emergency medical responder contracts COVID-19 during the public health emergency declared by the Governor beginning March 9, 2020 pursuant to Executive Order No. 103, Executive Order No. 119, and any other executive order subsequently extending such emergency, and the state of emergency declared by the Governor beginning March 9, 2020 pursuant to Executive Order No. 103
(2) the law enforcement officer, firefighter, or emergency medical responder dies as a result of the disease; and
(3) the law enforcement officer, firefighter, or emergency medical responder's regular or assigned duties required him or her to interact, and he or she so interacted, with the public or to directly supervise other personnel so interacting with the public on any date after declaration of the public health emergency and state of emergency and within 14 calendar days prior to the appearance of symptoms that shall have been confirmed in writing by a licensed health care provider.
Law enforcement officers, firefighters, and emergency medical responders willingly place their lives at risk in order to ensure the safety of our communities each and every day. This is true now more than ever as many currently serve on the frontlines of the COVID-19 pandemic helping victims in need, containing the spread of the virus, and preventing future infections. Expanding these benefits is one way we acknowledge their heroism during the current health crisis and provide for their families in times of tragedy.
