Bill Text: NJ A4955 | 2018-2019 | Regular Session | Introduced
Bill Title: Increases accidental death benefit for surviving spouse or surviving children of certain PERS members and retirants; provides accidental death benefit to beneficiary of certain PERS and PFRS members and retirants; redefines child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-28 - Introduced, Referred to Assembly State and Local Government Committee [A4955 Detail]
Download: New_Jersey-2018-A4955-Introduced.html
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Increases accidental death benefit for surviving spouse or surviving children of certain PERS members and retirants; provides accidental death benefit to beneficiary of certain PERS and PFRS members and retirants; redefines child.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the accidental death benefit for beneficiaries of law enforcement officers, correction officers, and firefighters in the Public Employees' Retirement System and the Police and Firemen's Retirement System, and amending and supplementing P.L.1954, c.84 (C.43:15A-1 et seq.) and P.L.1944, c.255 (C.43:16A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1954, c.84 (C.43:15A-6) is amended to read as follows:
6. As used in this act:
a. "Accumulated deductions" means the sum of all the amounts, deducted from the compensation of a member or contributed by or on behalf of the member, standing to the credit of the member's individual account in the annuity savings fund.
b. "Annuity" means payments for life derived from the accumulated deductions of a member as provided in this act.
c. "Annuity reserve" means the present value of all payments to be made on account of any annuity or benefit in lieu of an annuity, granted under the provisions of this act, computed on the basis of such mortality tables recommended by the actuary as the board of trustees adopts, with regular interest.
d. "Beneficiary" means any person receiving a retirement allowance or other benefit as provided in this act.
e. "Child" means a deceased member's unmarried child either (1) under the age of 18 or (2) of any age who, at the time of the member's death, is disabled because of an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of the impairment and the impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the medical board.
With respect to a law enforcement officer, correction officer, or firefighter member or retirant who was ineligible for membership in the Police and Firemen's Retirement System, "child" means a deceased member's or retirant's unmarried child either (1) under the age of 18, or (2) 18 years of age or older and enrolled in a secondary school, or (3) under the age of 24 and enrolled in a degree program in an institution of higher education for at least 12 credit hours in each semester, provided that the member or retirant died as a result of an accident met in the actual performance of duty at some definite time and place, and the death was not the result of the member's or retirant's willful misconduct, or (4) of any age who, at the time of the member's or retirant's death, is disabled because of an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of the impairment and his or her impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the medical board.
f. "Parent" shall mean the parent of a member who was receiving at least [1/2] half of the parent's support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a parent will be considered terminated by marriage of the parent subsequent to the death of the member.
With respect to a law enforcement officer, correction officer, or firefighter member or retirant who was ineligible for membership in the Police and Firemen's Retirement System, "parent" means the parent of a member or retirant who was receiving at least half of the parent's support from the member or retirant in the 12-month period immediately preceding the member's or retirant's death or the accident which was the direct cause of the member's or retirant's death. The dependency of such a parent will be considered terminated by marriage of the parent subsequent to the death of the member or retirant.
g. (1) "Widower," for employees of the State, means the man to whom a member was married, or a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), at least five years before the date of her death and to whom she continued to be married or a domestic partner until the date of her death and who was receiving at least [1/2] half of his support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a widower will be considered terminated by marriage of, or establishment of a domestic partnership by, the widower subsequent to the death of the member. In the event of the payment of an accidental death benefit, the five-year qualification shall be waived.
(2) Subject to the provisions of paragraph (3) of this subsection, "widower," for employees of public employers other than the State, means the man to whom a member was married at least five years before the date of her death and to whom she continued to be married until the date of her death and who was receiving at least [1/2] half of his support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a widower shall be considered terminated by marriage of the widower subsequent to the death of the member. In the event of the payment of an accidental death benefit, the five-year qualification shall be waived.
(3) A public employer other than the State may adopt a resolution providing that the term "widower" as defined in paragraph (2) of this subsection shall include domestic partners as provided in paragraph (1) of this subsection.
(4) With respect to a law enforcement officer, correction officer, or firefighter member or retirant who was ineligible for membership in the Police and Firemen's Retirement System, the provisions of paragraphs (1) through (3) of this subsection shall apply in the case of a member or a retirant.
h. (1) "Final compensation" means the average annual compensation for which contributions are made for the three years of creditable service in New Jersey immediately preceding the member's retirement or death, or it shall mean the average annual compensation for New Jersey service for which contributions are made during any three fiscal years of his or her membership providing the largest possible benefit to the member or the member's beneficiary.
(2) In the case of a person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.1, "final compensation" means the average annual compensation for which contributions are made for the five years of creditable service in New Jersey immediately preceding the member's retirement or death, or it shall mean the average annual compensation for New Jersey service for which contributions are made during any five fiscal years of his or her membership providing the largest possible benefit to the member or the member's beneficiary.
i. "Fiscal year" means any year commencing with July 1 and ending with June 30 next following.
j. "Medical board" shall mean the board of physicians provided for in section 17 of P.L.1954, c.84 (C.43:15A-17).
k. "Pension" means payments for life derived from appropriations made by the employer as provided in this act.
l. "Pension reserve" means the present value of all payments to be made on account of any pension or benefit in lieu of a pension granted under the provisions of this act, computed on the basis of such mortality tables recommended by the actuary as the board of trustees adopts, with regular interest.
m. "Public Employees' Retirement System of New Jersey," hereinafter referred to as the "retirement system" or "system," is the corporate name of the arrangement for the payment of retirement allowances and other benefits under the provisions of this act including the several funds placed under said system. By that name all of its business shall be transacted, its funds invested, warrants for money drawn, and payments made and all of its cash and securities and other property held.
n. "Regular interest" shall mean interest as determined by the State Treasurer, after consultation with the Directors of the Divisions of Investment and Pensions, the board of trustees and the actuary. It shall bear a reasonable relationship to the percentage rate of earnings on investments based on the market value of the assets but shall not exceed the assumed percentage rate of increase applied to salaries plus 3%, provided however that the board of trustees shall not set the average percentage rate of increase applied to salaries below 6%.
o. "Retirement allowance" means the pension plus the annuity.
p. "Veteran" means any honorably discharged officer, soldier, sailor, airman, marine or nurse who served in any Army, Air Force or Navy of the Allies of the United States in World War I, between July 14, 1914, and November 11, 1918, or who served in any Army, Air Force or Navy of the Allies of the United States in World War II, between September 1, 1939, and September 2, 1945, and who was inducted into such service through voluntary enlistment, and was a citizen of the United States at the time of such enlistment, and who did not, during or by reason of such service, renounce or lose United States citizenship, and any officer, soldier, sailor, marine, airman, nurse or army field clerk, who has served in the active military or naval service of the United States and has or shall be discharged or released therefrom under conditions other than dishonorable, in any of the following wars, uprisings, insurrections, expeditions, or emergencies, and who has presented to the retirement system evidence of such record of service in form and content satisfactory to said retirement system:
(1) The Indian wars and uprisings during any of the periods recognized by the War Department of the United States as periods of active hostility;
(2) The Spanish-American War between April 20, 1898, and April 11, 1899;
(3) The Philippine insurrections and expeditions during the periods recognized by the War Department of the United States as of active hostility from February 4, 1899, to the end of 1913;
(4) The Peking relief expedition between June 20, 1900, and May 27, 1902;
(5) The army of Cuban occupation between July 18, 1898, and May 20, 1902;
(6) The army of Cuban pacification between October 6, 1906, and April 1, 1909;
(7) The Mexican punitive expedition between March 14, 1916, and February 7, 1917;
(8) The Mexican border patrol, having actually participated in engagements against Mexicans between April 12, 1911, and June 16, 1919;
(9) World War I, between April 6, 1917, and November 11, 1918;
(10) World War II, between September 16, 1940, and December 31, 1946, who shall have served at least 90 days in such active service, exclusive of any period of assignment (1) for a course of education or training under the Army Specialized Training Program or the Navy College Training Program which course was a continuation of a civilian course and was pursued to completion, or (2) as a cadet or midshipman at one of the service academies any part of which 90 days was served between said dates; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 90-day service as herein provided;
(11) Korean conflict on or after June 23, 1950, and on or prior to January 31, 1955, who shall have served at least 90 days in such active service, exclusive of any period of assignment (1) for a course of education or training under the Army Specialized Training Program or the Navy College Training Program which course was a continuation of a civilian course and was pursued to completion, or (2) as a cadet or midshipman at one of the service academies, any part of which 90 days was served between said dates; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 90-day service as herein provided; and provided further, that any member classed as a veteran pursuant to this paragraph prior to August 1, 1966, shall continue to be classed as a veteran whether or not that person completed the 90-day service between said dates as herein provided;
(12) Lebanon crisis, on or after July 1, 1958, who has served in Lebanon or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before November 1, 1958 or the date of termination of that conflict, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;
(13) Vietnam conflict on or after December 31, 1960, and on or prior to May 7, 1975, who shall have served at least 90 days in such active service, exclusive of any period of assignment (1) for a course of education or training under the Army Specialized Training Program or the Navy College Training Program which course was a continuation of a civilian course and was pursued to completion, or (2) as a cadet or midshipman at one of the service academies, any part of which 90 days was served between said dates; and exclusive of any service performed pursuant to the provisions of section 511(d) of Title 10, United States Code, pursuant to an enlistment in the Army National Guard or as a reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 90 days' service as herein provided;
(14) Lebanon peacekeeping mission, on or after September 26, 1982, who has served in Lebanon or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before December 1, 1987 or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;
(15) Grenada peacekeeping mission, on or after October 23, 1983, who has served in Grenada or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before November 21, 1983 or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;
(16) Panama peacekeeping mission, on or after December 20, 1989 or the date of inception of that mission, as proclaimed by the President of the United States or Congress, whichever date of inception is earliest, who has served in Panama or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuous or in the aggregate, of at least 14 days commencing on or before January 31, 1990 or the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;
(17) Operation "Desert Shield/Desert Storm" mission in the Arabian peninsula and the Persian Gulf, on or after August 2, 1990 or the date of inception of that operation, as proclaimed by the President of the United States or Congress, whichever date of inception is earliest, who has served in the Arabian peninsula or on board any ship actively engaged in patrolling the Persian Gulf for a period, continuous or in the aggregate, of at least 14 days commencing on or before the date of termination of that mission, as proclaimed by the President of the United States or Congress, whichever date of termination is the latest, in such active service; provided, that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;
(18) Operation Northern Watch and Operation Southern Watch, on or after August 27, 1992, or the date of inception of that operation, as proclaimed by the President of the United States, Congress or United States Secretary of Defense, whichever date of inception is earliest, who served in the theater of operation, including in the Arabian peninsula and the Persian Gulf, and in direct support of that operation for a period, continuously or in the aggregate, of at least 14 days in such active service, commencing on or before the date of termination of that operation, as proclaimed by the President of the United States, Congress or United States Secretary of Defense, whichever date of termination is the latest; provided, that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided;
(19) Operation "Restore Hope" in Somalia, on or after December 5, 1992, or the date of inception of that operation as proclaimed by the President of the United States or Congress, whichever date is earliest, who has served in Somalia or on board any ship actively engaged in patrolling the territorial waters of that nation for a period, continuously or in the aggregate, of at least 14 days in such active service commencing on or before March 31, 1994; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person has completed the 14-day service as herein provided;
(20) Operations "Joint Endeavor" and "Joint Guard" in the Republic of Bosnia and Herzegovina, on or after November 20, 1995, who served in such active service in direct support of one or both of the operations for at least 14 days, continuously or in the aggregate, commencing on or before June 20, 1998 and (1) was deployed in that nation or in another area in the region, or (2) was on board a United States naval vessel operating in the Adriatic Sea, or (3) operated in airspace above the Republic of Bosnia and Herzegovina; provided that any person receiving an actual service-incurred injury or disability shall be classed as a veteran whether or not that person completed the 14-day service requirement;
(21) Operation "Enduring Freedom", on or after September 11, 2001, who served in a theater of operation and in direct support of that operation for a period, continuously or in the aggregate, of at least 14 days in such active service commencing on or before the date the President of the United States or the United States Secretary of Defense designates as the termination date of that operation; provided, that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided; and
(22) Operation "Iraqi Freedom", on or after the date the President of the United States or the United States Secretary of Defense designates as the inception date of that operation, who served in Iraq or in another area in the region in direct support of that operation for a period, continuously or in the aggregate, of at least 14 days in such active service commencing on or before the date the President of the United States or the United States Secretary of Defense designates as the termination date of that operation; provided, that any person receiving an actual service-incurred injury or disability while engaged in such service shall be classed as a veteran whether or not that person has completed the 14 days' service as herein provided.
"Veteran" also means any honorably discharged member of the American Merchant Marine who served during World War II and is declared by the United States Department of Defense to be eligible for federal veterans' benefits.
q. (1) "Widow," for employees of the State, means the woman to whom a member was married, or a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), at least five years before the date of his death and to whom he continued to be married or a domestic partner until the date of his death and who was receiving at least [1/2] half of her support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a widow will be considered terminated by the marriage of, or establishment of a domestic partnership by, the widow subsequent to the member's death. In the event of the payment of an accidental death benefit, the five-year qualification shall be waived.
(2) Subject to the provisions of paragraph (3) of this subsection, "widow," for employees of public employers other than the State, means the woman to whom a member was married at least five years before the date of his death and to whom he continued to be married until the date of his death and who was receiving at least [1/2] half of her support from the member in the 12-month period immediately preceding the member's death or the accident which was the direct cause of the member's death. The dependency of such a widow shall be considered terminated by the marriage of the widow subsequent to the member's death. In the event of the payment of an accidental death benefit, the five-year qualification shall be waived.
(3) A public employer other than the State may adopt a resolution providing that the term "widow" as defined in paragraph (2) of this subsection shall include domestic partners as provided in paragraph (1) of this subsection.
(4) With respect to a law enforcement officer, correction officer, or firefighter member or retirant who was ineligible for membership in the Police and Firemen's Retirement System, the provisions of paragraphs (1) through (3) of this subsection shall apply in the case of a member or a retirant.
r. (1) "Compensation" means the base or contractual salary, for services as an employee, which is in accordance with established salary policies of the member's employer for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member's retirement or additional remuneration for performing temporary or extracurricular duties beyond the regular workday or the regular work year.
(2) In the case of a person who becomes a member of the retirement system on or after July 1, 2007, "compensation" means the amount of base or contractual salary equivalent to the annual maximum wage contribution base for Social Security, pursuant to the Federal Insurance Contributions Act, for services as an employee, which is in accordance with established salary policies of the member's employer for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member's retirement or additional remuneration for performing temporary or extracurricular duties beyond the regular workday or the regular work year. This paragraph shall not apply to a person who at the time of enrollment in the retirement system on or after July 1, 2007 transfers service credit from another State-administered retirement system pursuant to section 14 of P.L.1954, c.84 (C.43:15A-14), but shall apply to a former member of the retirement system who has been granted a retirement allowance and is reenrolled in the retirement system on or after July 1, 2007 pursuant to section 27 of P.L.1966, c.217 (C.43:15A-57.2) after becoming employed again in a position that makes the person eligible to be a member of the retirement system.
In cases where salary includes maintenance, the retirement system shall fix the value of that part of the salary not paid in money which shall be considered under this act.
For the period of July 1, 2009 through June 30, 2011, "contractual salary" for State employees shall include across the board negotiated wage increases under a collective negotiations agreement that were payable to all State employees covered by that agreement notwithstanding that, by amendment to that collective negotiations agreement, the effective date of the contractual increase has been deferred. For the purpose of this paragraph, "State employee" means an employee in the Executive Branch or the Judicial Branch of State government of New Jersey or an employee of the State University authorized to participate in the system under subsection b. of section 73 of P.L.1954, c.84 (C.43:15A-73), but shall not include employees of agencies authorized to participate in the system under subsections a., c., d., e., f., and g. of section 73 of P.L.1954, c.84 (C.43:15A-73) or under P.L.1990, c.25 (C.43:15A-73.2 et al.).
For the period of July 1, 2009 through June 30, 2011, "contractual salary" for county and municipal employees shall include across the board negotiated wage increases under a collective negotiations agreement that were payable to all county or all municipal employees covered by that agreement notwithstanding that, by amendment to that collective negotiations agreement which has been filed with the Division of Pensions and Benefits, the effective date of the contractual increase has been deferred. For the purpose of this paragraph, "county and municipal employees" means all persons employed by a county or municipality in this State.
(cf: P.L.2010, c.50, s.71)
2. Section 49 of P.L.1954, c.84 (C.43:15A-49) is amended to read as follows:
49. a. Upon the death of a member in active service, other than a law enforcement officer, correction officer, or firefighter member who was ineligible for membership in the Police and Firemen's Retirement System, as a result of:
(1) an accident met in the actual performance of duty at some definite time and place, or
(2) service in the reserve component of the Armed Forces of the United States or the National Guard in a federal active duty status,
and not as the result of his willful negligence, an accidental death benefit shall be payable, if a report of the accident is filed in the office of the retirement system within 60 days next following the accident, but the board of trustees may waive such time limit, for a reasonable period, if in the judgment of the board the circumstances warrant such action.
No such application shall be valid or acted upon unless it is filed in the office of the retirement system within five years of the date of such death.
b. Upon the receipt of proper proofs of the death of a member on account of which an accidental death benefit is payable, there shall be paid to his widow or widower a pension of 50% of the compensation, upon which contributions by the member to the annuity savings fund were based in the last year of creditable service, for the use of herself or himself and the children of the deceased member, to continue during her or his widowhood; if there is no surviving widow or widower or in case the widow or widower dies or remarries, 20% of such compensation will be payable to one surviving child, 35% of such compensation to two surviving children in equal shares and if there be three or more children, 50% of such compensation will be payable to such children in equal shares. If there is no surviving widow, widower or child, 25% of the compensation upon which contributions by the member to the annuity savings fund were based in the last year of creditable service, will be payable to one surviving parent or 40% of such compensation will be payable to two surviving parents in equal shares. In the event of accidental death occurring in the first year of creditable service, the benefits payable pursuant to this subsection shall be computed at the annual rate of compensation.
c. If there is no surviving widow, widower, child or parent, there shall be paid to any other beneficiary of the deceased member his accumulated deductions at the time of death.
d. In no case shall the death benefit provided in subsection b. be less than that provided under subsection c.
e. In addition to the foregoing benefits payable under subsection b. or c., there shall also be paid in one sum to such member's beneficiary an amount equal to one and one-half times the compensation upon which contributions by the member to the annuity savings fund were based in the last year of creditable service.
(cf: P.L.2009, c.23, s.3)
3. (New section) a. Upon the death of a law enforcement officer, correction officer, or firefighter member or retirant who was ineligible for membership in the Police and Firemen's Retirement System, who died as a result of:
(1) an accident met in the actual performance of duty at some definite time and place;
(2) service in the reserve component of the Armed Forces of the United States or the National Guard in a federal active duty status; and
whose death was not as the result of the member's or retirant's willful negligence, an accidental death benefit shall be payable, if a report of the accident is filed in the office of the retirement system within 60 days next following the accident, but the board of trustees may waive such time limits, for a reasonable period, if in the judgment of the board the circumstances warrant such action, including, but not limited to, a delayed manifestation of the injury or disease resulting from such accident that caused the member's or retirant's death.
No such application shall be valid or acted upon unless it is filed in the office of the retirement system within five years of the date of such death.
b. Upon the receipt of proper proofs of the death of a member or retirant on account of which an accidental death benefit is payable, there shall be paid to the member's or retirant's widow or widower a pension of 70 percent of the compensation, upon which contributions by the member to the annuity savings fund were based in the last year of creditable service, for the use of the widow or widower, and the children of the deceased member or retirant, to continue during her or his widowhood. If there is no surviving widow or widower or in case the widow or widower dies or remarries, 70 percent of such compensation shall be payable to the member's or retirant's surviving child or surviving children in equal shares. If there is no surviving widow, widower or child, 25 percent of the compensation upon which contributions by the member or retirant to the annuity savings fund were based in the last year of creditable service shall be payable to one surviving parent or 40 percent of such compensation shall be payable to two surviving parents in equal shares. In the event of accidental death occurring in the first year of creditable service, the benefits payable pursuant to this subsection shall be computed at the annual rate of compensation.
c. If there is no surviving widow, widower, child, or parent, there shall be paid to any other beneficiary of the deceased member or retirant the member's or retirant's accumulated deductions at the time of death.
d. In no case shall the death benefit provided in subsection b. of this section be less than that provided under subsection c of this section.
e. In addition to the foregoing benefits payable under subsection b. or c. of this section, there shall also be paid in one sum to such member's or retirant's beneficiary an amount equal to one and one-half times the compensation upon which contributions by the member or retirant to the annuity savings fund were based in the last year of creditable service.
f. An individual who has been determined by the federal Bureau of Justice Assistance to be eligible to receive a death benefit under the "Public Safety Officers' Benefits Act of 1976" (34 U.S.C.S. s.10281 et seq.) based upon the death of a law enforcement officer, correction officer, or firefighter member or retirant who was ineligible for membership in the Police and Firemen's Retirement System shall be eligible to receive the benefit provided under and in accordance with subsection b. of this section.
4. Section 1 of P.L.1944, c.255 (C.43:16A-1) is amended to read as follows:
1. As used in this act:
(1) "Retirement system" or "system" shall mean the Police and Firemen's Retirement System of New Jersey as defined in section 2 of this act.
(2) (a) "Policeman" shall mean a permanent, full-time employee of a law enforcement unit as defined in section 2 of P.L.1961, c.56 (C.52:17B-67) or the State, other than an officer or trooper of the Division of State Police whose position is covered by the State Police Retirement System, whose primary duties include the investigation, apprehension or detention of persons suspected or convicted of violating the criminal laws of the State and who:
(i) is authorized to carry a firearm while engaged in the actual performance of his official duties;
(ii) has police powers;
(iii) is required to complete successfully the training requirements prescribed by P.L.1961, c.56 (C.52:17B-66 et seq.) or comparable training requirements as determined by the board of trustees; and
(iv) is subject to the physical and mental fitness requirements applicable to the position of municipal police officer established by an agency authorized to establish these requirements on a Statewide basis, or comparable physical and mental fitness requirements as determined by the board of trustees.
The term shall also include an administrative or supervisory employee of a law enforcement unit or the State whose duties include general or direct supervision of employees engaged in investigation, apprehension or detention activities or training responsibility for these employees and a requirement for engagement in investigation, apprehension or detention activities if necessary, and who is authorized to carry a firearm while in the actual performance of his official duties and has police powers.
(b) "Fireman" shall mean a permanent, full-time employee of a firefighting unit whose primary duties include the control and extinguishment of fires and who is subject to the training and physical and mental fitness requirements applicable to the position of municipal firefighter established by an agency authorized to establish these requirements on a Statewide basis, or comparable training and physical and mental fitness requirements as determined by the board of trustees. The term shall also include an administrative or supervisory employee of a firefighting unit whose duties include general or direct supervision of employees engaged in fire control and extinguishment activities or training responsibility for these employees and a requirement for engagement in fire control and extinguishment activities if necessary. As used in this paragraph, "firefighting unit" shall mean a municipal fire department, a fire district, or an agency of a county or the State which is responsible for control and extinguishment of fires.
(3) "Member" shall mean any policeman or fireman included in the membership of the retirement system pursuant to this amendatory and supplementary act, P.L.1989, c.204 (C.43:16A-15.6 et al.).
(4) "Board of trustees" or "board" shall mean the board provided for in section 13 of this act.
(5) "Medical board" shall mean the board of physicians provided for in section 13 of this act.
(6) "Employer" shall mean the State of New Jersey, the county, municipality or political subdivision thereof which pays the particular policeman or fireman.
(7) "Service" shall mean service as a policeman or fireman paid for by an employer.
(8) "Creditable service" shall mean service rendered for which credit is allowed as provided under section 4 of this act.
(9) "Regular interest" shall mean interest as determined by the State Treasurer, after consultation with the actuary. It shall bear a reasonable relationship to the percentage rate of earnings on investments based on the market value of assets but shall not exceed the assumed percentage rate of increase applied to salaries plus 3%, provided however that the board of trustees shall not set the average percentage rate of increase applied to salaries below 6%. This rate shall be distinct from any internally targeted rates used for developing investment policy by the board of trustees pursuant to section 13 of P.L.1944, c.255 (C.43:16A-13).
(10) "Aggregate contributions" shall mean the sum of all the amounts, deducted from the compensation of a member or contributed by him or on his behalf, standing to the credit of his individual account in the annuity savings fund.
(11) "Annuity" shall mean payments for life derived from the aggregate contributions of a member.
(12) "Pension" shall mean payments for life derived from contributions by the employer.
(13) "Retirement allowance" shall mean the pension plus the annuity.
(14) "Earnable compensation" shall mean the full rate of the salary that would be payable to an employee if he worked the full normal working time for his position. In cases where salary includes maintenance, the retirement system shall fix the value of that part of the salary not paid in money which shall be considered under this act.
(15) "Average final compensation" shall mean final compensation.
(16) "Retirement" shall mean the termination of the member's active service with a retirement allowance granted and paid under the provisions of this act.
(17) "Annuity reserve" shall mean the present value of all payments to be made on account of any annuity or benefit in lieu of any annuity computed upon the basis of such mortality tables recommended by the actuary as shall be adopted by the board of trustees, and regular interest.
(18) "Pension reserve" shall mean the present value of all payments to be made on account of any pension or benefit in lieu of any pension computed upon the basis of such mortality tables recommended by the actuary as shall be adopted by the board of trustees, and regular interest.
(19) "Actuarial equivalent" shall mean a benefit of equal value when computed upon the basis of such mortality tables recommended by the actuary as shall be adopted by the board of trustees, and regular interest.
(20) "Beneficiary" shall mean any person receiving a retirement allowance or other benefit as provided by this act.
(21) "Child" shall mean a deceased member's or retirant's unmarried child (a) under the age of 18, or (b) 18 years of age or older and enrolled in a secondary school, or (c) under the age of 24 and enrolled in a degree program in an institution of higher education for at least 12 credit hours in each semester, provided that the member or retirant died [in active service] as a result of an accident met in the actual performance of duty at some definite time and place, and the death was not the result of the member's or retirant's willful misconduct, or (d) of any age who, at the time of the member's or retirant's death, is disabled because of an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of the impairment and his or her impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the medical board.
(22) "Parent" shall mean the parent of a member or retirant who was receiving at least one-half of his support from the member or retirant in the 12-month period immediately preceding the member's or retirant's death or the accident which was the direct cause of the member's or retirant's death. The dependency of such a parent will be considered terminated by marriage of the parent subsequent to the death of the member or retirant.
(23) (a) "Widower," for employees of the State, means the man to whom a member or retirant was married, or a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), on the date of her death and who has not since remarried or established a domestic partnership. In the event of the payment of accidental death benefits, pursuant to section 10 of P.L.1944, c.255 (C.43:16A-10), the restriction concerning remarriage or establishment of a domestic partnership shall be waived.
(b) Subject to the provisions of paragraph (c) of this subsection, "widower," for employees of public employers other than the State, means the man to whom a member or retirant was married on the date of her death and who has not remarried.
(c) A public employer other than the State may adopt a resolution providing that the term "widower" as defined in paragraph (b) of this subsection shall include domestic partners as provided in paragraph (a) of this subsection.
(24) (a) "Widow," for employees of the State, means the woman to whom a member or retirant was married, or a domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), on the date of his death and who has not since remarried or established a domestic partnership. In the event of the payment of accidental death benefits, pursuant to section 10 of P.L.1944, c.255 (C.43:16A-10), the restriction concerning remarriage or establishment of a domestic partnership shall be waived.
(b) Subject to the provisions of paragraph (c) of this subsection, "widow," for employees of public employers other than the State, means the woman to whom a member or retirant was married on the date of his death and who has not remarried.
(c) A public employer other than the State may adopt a resolution providing that the term "widow" as defined in paragraph (b) of this subsection shall include domestic partners as provided in paragraph (a) of this subsection.
(25) "Fiscal year" shall mean any year commencing with July 1, and ending with June 30, next following.
(26) (a) "Compensation" shall mean the base salary, for services as a member as defined in this act, which is in accordance with established salary policies of the member's employer for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member's retirement or additional remuneration for performing temporary duties beyond the regular workday.
(b) In the case of a person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.1, "compensation" means the amount of base salary equivalent to the annual maximum wage contribution base for Social Security, pursuant to the Federal Insurance Contributions Act, for services as a member as defined in this act, which is in accordance with established salary policies of the member's employer for all employees in the same position but shall not include individual salary adjustments which are granted primarily in anticipation of the member's retirement or additional remuneration for performing temporary duties beyond the regular workday.
(27) "Department" shall mean any police or fire department of a municipality or a fire department of a fire district located in a township or a county police or park police department or the appropriate department of the State or instrumentality thereof.
(28) (a) "Final compensation" means the compensation received by the member in the last 12 months of creditable service preceding his retirement or death.
(b) In the case of a person who becomes a member of the retirement system on or after the effective date of P.L.2010, c.1, "final compensation" means the average annual compensation for service for which contributions are made during any three fiscal years of membership providing the largest possible benefit to the member or the member's beneficiary.
(29) (Deleted by amendment, P.L.1992, c.78).
(30) (Deleted by amendment, P.L.1992, c.78).
(31) (a) "Spouse," for employees of the State, means the husband or wife, or domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3), of a member or retirant.
(b) Subject to the provisions of paragraph (c) of this subsection, "spouse," for employees of public employers other than the State, means the husband or wife of a member or retirant.
(c) A public employer other than the State may adopt a resolution providing that the term "spouse" as defined in paragraph (b) of this subsection shall include domestic partners as provided in paragraph (a) of this subsection.
(cf: P.L.2018, c.55, s.7)
5. Section 10 of P.L.1944, c.255 (C.43:16A-10) is amended to read as follows:
10. [(1)] a. Upon the death of a member [in active service] or retirant as a result of:
[(a)] (1) an accident met in the actual performance of duty at some definite time and place, or
[(b)] (2) service in the reserve component of the Armed Forces of the United States or the National Guard in a federal active duty status, and
such death was not the result of the member's or retirant's willful negligence, an accidental death benefit shall be payable if a report of the accident is filed in the office of the retirement system within 60 days next following the accident, but the board of trustees may waive such time limit, for a reasonable period, if in the judgment of the board the circumstances warrant such action, including, but not limited to, a delayed manifestation of the injury or disease resulting from such accident that caused the member's or retirant's death.
No such application shall be valid or acted upon unless it is filed in the office of the retirement system within five years of the date of such death.
The provisions of this subsection shall also apply to a member who is a fireman , or retirant who was a fireman, and who dies as a result of an accident met in the actual performance of duty as a volunteer fireman in any municipality in the State, provided the member's or retirant's death was not the result of the member's or retirant's willful negligence.
[(2)] b. Upon the receipt of proper proofs of the death of a member or retirant on account of which an accidental death benefit is payable, there shall be paid to [his] the member's or retirant's widow or widower a pension of 70% of the compensation, upon which contributions by the member or retirant to the annuity savings fund were based in the last year of creditable service, for the use of herself or himself and the children of the deceased member or retirant; if there is no surviving widow or widower or in case the widow or widower dies, 70% of such compensation will be payable to the member's or retirant's surviving child or surviving children in equal shares.
If there is no surviving widow, widower or child, 25% of the compensation upon which contributions by the member or retirant to the annuity savings fund were based in the last year of creditable service, will be payable to one surviving dependent parent or 40% of such compensation will be payable to two surviving parents in equal shares.
In the event of accidental death occurring in the first year of creditable service, the benefits, payable pursuant to this subsection, shall be computed at the annual rate of compensation.
[(3)] c. If there is no surviving widow, widower, child or dependent parent, there shall be paid to any other beneficiary of the deceased member or retirant, [his] the member's or retirant's aggregate contributions at the time of death.
[(4)] d. In no case shall the death benefit provided in subsection [(2)] b. be less than that provided under subsection [(3)] c.
[(5)] e. In addition to the foregoing benefits payable under subsection [(2)] b. or [(3)] c., there shall also be paid in one sum to such beneficiary, if living, as the member or retirant shall have nominated by written designation duly executed and filed with the retirement system, otherwise to the executor or administrator of the member's or retirant's estate, an amount equal to 3 1/2 times the compensation upon which contributions by the member or retirant to the annuity savings fund were based in the last year of creditable service.
[(6)] f. In addition to the foregoing benefits, the State shall pay to the member's or retirant's employer-sponsored health insurance program all health insurance premiums for the coverage of the member's or retirant's surviving widow or widower and dependent children.
g. An individual who has been determined by the federal Bureau of Justice Assistance to be eligible to receive a death benefit under the "Public Safety Officers' Benefits Act of 1976" (34 U.S.C.S. s.10281 et seq.) based upon the death of a member or retirant shall be eligible to receive the benefit provided under and in accordance with subsection b. of this section.
(cf: P.L.2016, c.26, s.4)
6. (New section) The change to the definition of "child" made pursuant to the amendment of section 6 of P.L.1954, c.84 (C.43:15A-6) by P.L. , c. (pending before the Legislature as this bill) and the adjustment in the benefit to a surviving widow or widower or a surviving child or children made pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall apply to a benefit entitlement initially granted on or after September 11, 2001, and, if granted on or after that date but before the effective date of P.L. , c. (pending before the Legislature as this bill), still in effect on that effective date. The adjustment in the benefit to an individual determined eligible under the "Public Safety Officers' Benefits Act of 1976" (34 U.S.C.S. s.10281 et seq.) made pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall apply to a benefit entitlement initially granted on or after September 11, 2001, and, if granted on or after that date but before the effective date of P.L. , c. (pending before the Legislature as this bill), still in effect on that effective date.
The adjustment in benefits to such widow or widower, child or children, or eligible individual pursuant section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall apply to benefit payments made after September 11, 2001. Such widow or widower, child or children, or eligible individual shall be granted a retroactive payment based upon the difference between the benefit the widow or widower, child or children, or eligible individual would have received if the adjustment made pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) had been applicable at the date of entitlement and the benefit that the widow or widower, child or children, or eligible individual received from the date of entitlement to the effective date of P.L. , c. (pending before the Legislature as this bill).
Notwithstanding the provisions of subsection a. of section 3 of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), restricting the accidental death benefit to applications filed within five years of the date of a member's or retirant's death, or any other provision of law to the contrary, a widow or widower, child or children, parent, eligible individual, or other beneficiary, as applicable, shall be permitted to file, within 180 date of the effective date of this act, an application for an accidental death benefit based upon the death of a retirant due to an accident met in the actual performance of duty at some definite time and place, or service in the reserve component of the Armed Forces of the United States or the National Guard in a federal active duty status.
7. (New section) The change to the definition of "child" made pursuant to the amendment of section 1 of P.L.1944, c.255 (C.43:16A-1) by section 4 of this act, P.L. , c. (pending before the Legislature as this bill), and the adjustment in the benefit to a surviving widow or widower or a surviving child or children of a retirant made pursuant to the amendment of section 10 of P.L.1944, c.255 (C.43:16A-10) by section 5 of this act shall apply to a benefit entitlement initially granted on or after September 11, 2001, and, if granted on or after that date but before the effective date of this act, P.L. , c. (pending before the Legislature as this bill), still in effect on that effective date. The adjustment made pursuant to the amendment of section 10 of P.L.1944, c.255 (C.43:16A-10) by section 5 of this act in the benefit to an individual determined eligible under the "Public Safety Officers' Benefits Act of 1976" (34 U.S.C.S. s.10281 et seq.) shall apply to a benefit entitlement initially granted on or after September 11, 2001, and, if granted on or after that date but before the effective date of this act, P.L. , c. (pending before the Legislature as this bill), still in effect on that effective date.
The adjustments in benefits pursuant to the amendment of section 10 of P.L.1944, c.255 (C.43:16A-10) by section 5 of this act, P.L. , c. (pending before the Legislature as this bill) shall apply to benefit payments made after the effective date of this act. Such individual qualifying for the adjustment pursuant to the amendment of section 10 of P.L.1944, c.255 (C.43:16A-10) by section 5 of this act, P.L. , c. (pending before the Legislature as this bill), shall be granted a retroactive payment based upon the difference between the benefit the individual would have received if the adjustment made pursuant to section 5 of this act had been applicable at the date of entitlement and the benefit that such individual received from the date of entitlement to the effective date of this act, P.L. , c. (pending before the Legislature as this bill).
Notwithstanding
the provisions of subsection a. of section 10 of P.L.1944, c.255 (C.43:16A-10) restricting
the accidental death benefit to applications filed within five years of the
date of a member's or retirant's death, or any other provision of law to the
contrary, a widow or widower, child or children, parent, eligible individual,
or other beneficiary, as applicable, shall be permitted to file, within 180
date of the effective date of this act, an application for an accidental death
benefit based upon the death of a retirant due to an accident met in the actual
performance of duty at some definite time and place, or service in the reserve
component of the Armed Forces of the United States or the National Guard in a
federal active duty status.
8. This act shall take effect immediately.
STATEMENT
This bill increases to 70 percent of compensation the accidental death benefit payable to the surviving spouse or surviving child or children of a deceased law enforcement officer, correction officer, or firefighter who was a member of the Public Employees' Retirement System (PERS) and ineligible for membership in the Police and Firemen's Retirement System (PFRS). This bill also changes the definition of child with respect to those members. The bill permits payment of an accidental death benefit to a surviving beneficiary of a retirant of the PFRS or a retirant of the PERS who was ineligible for membership in the PFRS if the accident caused the death of the retirant. The bill also grants eligibility for the death benefit to a person determined by the federal Bureau of Justice Assistance to be eligible to receive a death benefit under the federal "Public Safety Officers' Benefits Act of 1976" based upon the death of a law enforcement officer, correction officer, or firefighter member or retirant of the PERS who was ineligible for membership in the PFRS or member or retirant of the PFRS.
Under current law, an accidental death benefit under PERS is payable when a member dies accidentally in the actual performance of duty, or in active service in the reserve component of the Armed Forces of the United States or the National Guard in a federal active duty status, and not as the result of his or her willful negligence. The member's widow or widower is entitled to a pension of 50 percent of the member's compensation for use by him or her and the children of the deceased member. This payment continues during his or her widowhood. If there is no surviving widow or widower, or in case the widow or widower dies or remarries, 20 percent of that compensation is payable to one surviving child, 35 percent to two surviving children in equal shares, and 50 percent to three or more surviving children in equal shares.
With respect to all law enforcement officers, correction officers, or firefighters in PERS, this bill increases to 70 percent of the member's compensation the accidental death benefit payable to the surviving spouse of the member or retirant, and to the same amount the benefit payable to the member's or retirant's surviving child or children when there is no surviving spouse. This provision will mirror the amounts as provided in the PFRS.
This bill also changes the definition of child with respect to all law enforcement officers, correction officers, and firefighters in PERS. Currently, in that retirement system, "child" is defined as a deceased member's unmarried child either (a) under the age of 18 or (b) of any age who, at the time of the member's death, is disabled because of an intellectual disability or physical incapacity, is unable to do any substantial, gainful work because of the impairment and the impairment has lasted or can be expected to last for a continuous period of not less than 12 months, as affirmed by the medical board. For those officers and firefighters in PERS, this bill adds to this definition a member's or retirant's child who is (c) 18 years of age or older and enrolled in a secondary school, or (d) under the age of 24 and enrolled in a degree program in an institution of higher education for at least 12 credit hours in each semester, provided that the member or retirant died as a result of an accident met in the actual performance of duty at some definite time and place, and the death was not the result of the member's or retirant's willful misconduct. This definition will be the same as the definition of child in the PFRS, as amended to include retirants.
Finally, the bill provides that a person determined by the federal Bureau of Justice Assistance to be eligible to receive a death benefit under the federal "Public Safety Officers' Benefits Act of 1976" (PSOB) based upon the death of a law enforcement officer, correction officer, or firefighter member or retirant in the PERS who was ineligible for membership in the PFRS is eligible to receive the accidental death benefit. The bill provides the same eligibility for a person determined by the bureau to be eligible for a death benefit under the PSOB for a member or retirant in the PFRS.
If enacted, the change in the definition of child, the amount of the benefit to a surviving spouse, child, or children, and the change in the benefit for an individual determined eligible under the PSOB would apply to a benefit initially granted on or after September 11, 2001. The bill provides for an adjustment in the amount of the benefit retroactive to the death of the member or retirement occurring after September 11, 2001. The retroactive payment being based upon the difference between the benefit the beneficiary would have received if the adjustment made pursuant to the bill had been applicable at the date of entitlement and the benefit that the beneficiary received from the date of entitlement to the effective date of the bill.
