Bill Text: NJ S4228 | 2020-2021 | Regular Session | Introduced
Bill Title: Permits application for PERS accidental disability benefit for injury sustained after January 2003 while employed at State psychiatric institution or correctional facility immediately prior to PERS membership.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-12-06 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S4228 Detail]
Download: New_Jersey-2020-S4228-Introduced.html
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Permits application for PERS accidental disability benefit for injury sustained after January 2003 while employed at State psychiatric institution or correctional facility immediately prior to PERS membership.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning eligibility for an accidental disability benefit under the Public Employees' Retirement System and amending P.L.1954, c.84 and N.J.S.11A:2-11.
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. 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.
b. (1) For purposes of this subsection:
"Qualifying condition or impairment of health" includes:
diseases of the upper respiratory tract and mucosae, including conditions such as conjunctivitis, rhinitis, sinusitis, pharyngitis, laryngitis, vocal cord disease, upper airway hyper-reactivity and tracheo-bronchitis, or a combination of such conditions;
diseases of the lower respiratory tract, including but not limited to bronchitis, asthma, reactive airway dysfunction syndrome, and different types of pneumonitis, such as hypersensitivity, granulomatous, or eosinophilic;
diseases of the gastroesophageal tract, including esophagitis and reflux disease, either acute or chronic, caused by exposure or aggravated by exposure;
diseases of the psychological axis, including post-traumatic stress disorder, anxiety, depression, or any combination of such conditions;
diseases of the skin such as contact dermatitis or burns, either acute or chronic in nature, infectious, irritant, allergic, idiopathic or non-specific reactive in nature, caused by exposure or aggravated by exposure; and
new onset diseases resulting from exposure as such diseases occurring in the future including cancer, chronic obstructive pulmonary disease, asbestos-related disease, heavy metal poisoning, musculoskeletal disease and chronic psychological disease.
"World Trade Center rescue, recovery, or cleanup operations" means the rescue, recovery, or cleanup operations at the World Trade Center site between September 11, 2001 and October 11, 2001.
"World Trade Center site" means any location below a line starting from the Hudson River and Canal Street, east on Canal Street to Pike Street, south on Pike Street to the East River, and extending to the lower tip of Manhattan.
(2) Notwithstanding any provision of subsection a. of this section or any other law to the contrary, for a member who participated, whether or not under orders or instruction by an employer to so participate, in World Trade Center rescue, recovery, or cleanup operations for a minimum of eight hours, permanent and total disability resulting from a qualifying condition or impairment of health shall be presumed to have occurred during and as a result of the performance of the member's regular or assigned duties and not the result of the member's willful negligence, unless the contrary can be proved by competent evidence.
A member who did not participate in such operations for a minimum of eight hours shall be eligible for the presumption provided that:
the member participated in the rescue, recovery, or cleanup operations at the World Trade Center site between September 11, 2001 and September 12, 2001;
the member sustained a documented physical injury at the World Trade Center site between September 11, 2001 and September 12, 2001 that is a qualifying condition or impairment of health resulting in a disability to the member that prevented the member from continuing to participate in World Trade Center rescue, recovery, or cleanup operations for a minimum of eight hours; and
the documented physical injury that resulted in a disability to the member that prevented the member from continuing to participate in World Trade Center rescue, recovery, or cleanup operations for a minimum of eight hours is the qualifying condition or impairment of health for which the member seeks a presumption under this subsection.
In order to be eligible for the presumption provided under this subsection, a member shall have successfully passed a physical examination for entry into public service which failed to disclose evidence of the qualifying condition or impairment of health that formed the basis for the permanent and total disability.
(3) A member who participated in the World Trade Center rescue, recovery, or cleanup operations for a minimum of eight hours and subsequently retired on a service retirement or an ordinary disability retirement and thereafter incurred a disability caused by 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 shall be eligible to apply to the board of trustees to have the retiree's retirement allowance recalculated as an accidental disability retirement allowance for benefit payments on or after the date of the application, provided the retiree filed an application for such recalculation within 30 days of the date that the retiree knew or should have known of the existence of such disability and its relation to the rescue, recovery, or cleanup operations. In order to be eligible for such recalculation, the retiree shall have successfully passed a physical examination for entry into public service which failed to disclose evidence of the qualifying condition or impairment of health that formed the basis for the disability.
(4) The board of trustees shall promulgate rules and regulations necessary to implement the provisions of this subsection and shall notify members and retirants in the retirement system of the enactment of this act, P.L.2019, c.157, within 30 days of enactment.
A member or retiree shall not be eligible for the presumption or recalculation under this subsection unless within two years of the effective date of this act, P.L.2019, c.157, the member or retiree files a written and sworn statement with the retirement system on a form provided by the board of trustees thereof indicating the dates and locations of service.
(5) This subsection shall apply only to: any member or retiree who is or was enrolled in the Public Employees' Retirement System because the member or retiree did not meet the age or medical requirements for enrollment in the Police and Firemen's Retirement System on the basis of the position held; and to any emergency medical technician who is a member or retiree of the Public Employees' Retirement System. For the purposes of this paragraph, "emergency medical technician" means a person trained in basic life support services as defined in section 1 of P.L.1985, c.351 (C.26:2K-21) and who is certified by the Department of Health to perform these services.
(6) This subsection shall apply regardless of whether the member or retiree, who is otherwise eligible, was enrolled in the retirement system at the time of participation in World Trade Center rescue, recovery, or cleanup operations as specified herein.
(cf: P.L.2019, c.157, s.4)
2. N.J.S.11A:2-11 is amended to read as follows:
11A:2-11. Powers and duties of the commission. In addition to other powers and duties vested in the commission by this title or any other law, the commission:
a. (Deleted by amendment, P.L.2008, c.29);
b. May appoint employees necessary to enforce or implement the provisions of this title. All employees of the commission whose principal duties relate to the enforcement or implementation of this title shall be confidential employees for the purposes of the "New Jersey Employer-Employee Relations Act," P.L.1941, c.100 (C.34:13A-1 et seq.);
c. Shall maintain a management information system necessary to carry out the provisions of this title;
d. Shall have the authority to audit payrolls, reports or transactions for conformity with the provisions of this title;
e. Shall plan, evaluate, administer and implement personnel programs and policies in State government and political subdivisions operating under this title, including a personnel orientation program that informs new employees of State psychiatric institutions and State correctional facilities of the risk of injury occurring during and as a result of the performance of their regular or assigned duties;
f. Shall establish and supervise the selection process and employee performance evaluation procedures;
g. (Deleted by amendment, P.L.2008, c.29);
h. Shall set standards and procedures for review and render the final administrative decision on a written record or after recommendation by an independent reviewer assigned by the commission from classification, salary, layoff rights and in the State service noncontractual grievances;
i. May establish pilot programs and other projects for a maximum of one year outside of the provisions of this title;
j. Shall provide for a public employee interchange program pursuant to the "Government Employee Interchange Act of 1967," P.L.1967, c.77 (C.52:14-6.10 et seq.) and may provide for an employee interchange program between public and private sector employees;
k. (Deleted by amendment, P.L.2008, c.29);
l. (Deleted by amendment, P.L.2008, c.29);
m. Shall establish and consult with advisory boards representing political subdivisions, personnel officers, labor organizations and other appropriate groups;
n. Shall make an annual report to the Governor and Legislature and all other special or periodic reports as may be required. The annual report shall indicate the number of persons, by title, who, on March 31, June 30, September 30, and December 31 of each year, held appointments to positions in the senior executive service and the number of noncareer employees by title, who, on those same dates, held appointments in positions in the senior executive service;
o. Shall have the authority to assess costs for special or other services;
p. (Deleted by amendment, P.L.2008, c.29); and
q. Shall, pursuant to P.L.2019, c.346 (C.11A:3-4.1 et al.), promulgate standardized recordkeeping and record retention requirements concerning the recruitment, selection, hiring, and employment records of persons in the State unclassified service.
(cf: P.L.2019, c.346, s.2)
3. 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. The bill's provisions would apply retroactively to January 1, 2003.
In addition, the bill also adds to the duties of the Civil Service Commission a personnel orientation program that informs new employees of State psychiatric institutions and State correctional facilities of the risk of injury occurring during and as a result of the performance of their regular or assigned duties.
