Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblywoman ANNETTE CHAPARRO
District 33 (Hudson)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Co-Sponsored by:
Assemblywoman Vainieri Huttle, Assemblymen Dancer, Tully, Assemblywomen Swain, Jimenez, Assemblymen Moen, Chiaravalloti, Assemblywoman Jasey, Assemblyman Benson, Assemblywoman Lopez, Assemblymen McGuckin, Johnson, Mejia, Catalano, Assemblywoman Timberlake, Assemblyman Spearman, Assemblywoman Tucker, Assemblyman DeAngelo, Assemblywoman Downey and Assemblyman Houghtaling
SYNOPSIS
Extends eligibility for accidental disability and accidental death benefits to certain PFRS, SPRS, and PERS members who contract COVID-19.
CURRENT VERSION OF TEXT
As reported by the Assembly Appropriations Committee on May 11, 2020, with amendments.
An Act concerning eligibility for accidental disability and accidental death benefits for certain members of the Police and Firemen’s Retirement System 1[and],1 the Public Employees’ Retirement System 1, and the State Police Retirement System1 who contract 1[infectious diseases during a public health emergency or state of emergency] COVID-191 and supplementing P.L.1944, c.255 (C.43:16A-1 et seq.) 1[and],1 P.L.1954, c.84 (C.43:15A-1 et seq.) 1, and P.L.1965, c.89 (C.53:5A-1 et seq.)1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. For purposes of paragraph (1) of subsection a. of section 7 P.L.1944, c.255 (C.43:16A-7), permanent and total disability shall be deemed to have occurred as a direct result of a traumatic event occurring during and as a result of the performance of regular or assigned duties if:
the member 1[contracts an infectious disease] contracted COVID-191 during the period of 1[a] the1 public health emergency 1[or] and1 state of emergency declared 1[because of that disease] by the Governor beginning March 9, 2020 but prior to the termination date of either the public health emergency or the state of emergency, whichever occurs later1;
the member is permanently and totally disabled 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 1or to directly supervise other personnel so interacting with the public1 on any date after the declaration of the public health emergency 1[or] and1 state of emergency and within 1[two weeks] 14 calendar days1 prior to the appearance of symptoms that shall have been confirmed 1in writing1 by a 1[physician] licensed health care provider1.
A member who has been approved for a retirement allowance pursuant to a provision other than this section or section 7 of P.L.1944, c.255 (C.43:16A-7) prior to the effective date of this act, P.L. , c. (pending before the Legislature as this bill), may apply for a retirement allowance pursuant to this section and, if approved, the prior approval shall be rescinded and the retirement allowance pursuant to approval under this section shall be made retroactive to the date of the initial approval of the rescinded retirement allowance.
1This section shall also apply to a member who was performing regular or assigned duties but not yet enrolled in the Police and Firemen’s Retirement System who would otherwise be eligible for an allowance pursuant to this section.1
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 1[a] the1 public health emergency 1[or] and1 state of emergency.
2. 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 1[an infectious disease] COVID-191, 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 contracted 1[an infectious disease] COVID-191 during the period of 1[a] the1 public health emergency 1[or] and1 state of emergency declared 1[because of that disease] by the Governor beginning March 9, 2020 but prior to the termination date of either the public health emergency or the state of emergency, whichever occurs later1;
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 1or to directly supervise other personnel so interacting with the public1 on any date after the declaration of the public health emergency 1[or] and1 state of emergency and within 1[two weeks] 14 calendar days1 prior to the appearance of symptoms that shall have been confirmed 1in writing1 by a 1[physician] licensed health care provider1.
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.
1This section shall also apply to a member who was performing regular or assigned duties but not yet enrolled in the Police and Firemen’s Retirement System when the beneficiary would otherwise be eligible for a benefit pursuant to this section.1
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 1[a] the1 public health emergency 1[or] and1 state of emergency.
3. As used in this section, “law enforcement officer” includes, but shall not be limited to, sheriff’s officers and corrections officers.
For purposes of subsection a. of section 43 of P.L.1954, c.84 (C.43:15A-43), permanent and total disability of 1a1 member who is a law enforcement officer, firefighter, or emergency medical responder eligible to retire pursuant to that subsection a. shall be deemed to have occurred as a direct result of a traumatic event occurring during and as a result of the performance of regular or assigned duties if:
the law enforcement officer, firefighter, or emergency medical responder 1[contracts an infectious disease] contracted COVID-191 during the period of 1[a] the1 public health emergency 1[or] and1 state of emergency declared 1[because of that disease] by the Governor beginning March 9, 2020 but prior to the termination date of either the public health emergency or the state of emergency, whichever occurs later1;
the law enforcement officer, firefighter, or emergency medical responder is permanently and totally disabled 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 1or to directly supervise other personnel so interacting with the public1 on any date after the declaration of the public health emergency 1[or] and1 state of emergency and within 1[two weeks] 14 calendar days1 prior to the appearance of symptoms that shall have been confirmed 1in writing1 by a 1[physician] licensed health care provider1.
A member who is a law enforcement officer, firefighter, or emergency medical responder and who has been approved for a retirement allowance pursuant to a provision other than this section or section 43 of P.L.1954, c.84 (C.43:15A-43) prior to the effective date of this act, P.L. , c. (pending before the Legislature as this bill), may apply for a retirement allowance pursuant to this section and, if approved, the prior approval shall be rescinded and the retirement allowance pursuant to approval under this section shall be made retroactive to the date of the initial approval of the rescinded retirement allowance.
1This 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 an allowance pursuant to this section.1
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 1[a] the1 public health emergency 1[or] and1 state of emergency.
4. As used in this section, “law enforcement officer” includes, but shall not be limited to, sheriff’s officers and corrections officers.
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 1[an infectious disease] COVID-191, 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 contracted 1[an infectious disease] COVID-191 during the period of 1[a] the1 public health emergency 1[or] and1 state of emergency declared 1[because of that disease] by the Governor beginning March 9, 2020 but prior to the termination date of either the public health emergency or the state of emergency, whichever occurs later1;
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 1or to directly supervise other personnel so interacting with the public1 on any date after the declaration of the public health emergency 1[or] and1 state of emergency and within 1[two weeks] 14 calendar days1 prior to the appearance of symptoms that shall have been confirmed 1in writing1 by a 1[physician] licensed health care provider1.
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.
1This 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 when the beneficiary would otherwise be eligible for a benefit pursuant to this section.1
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 1[a] the1 public health emergency 1[or] and1 state of emergency.
15. For purposes of subsection a. of section 10 of P.L.1965, c.89 (C.53:5A-10), permanent and total disability shall be deemed to have occurred as a direct result of a traumatic event occurring during and as a result of the performance of regular or assigned duties if:
the member contracted COVID-19 during the period of the public health emergency and state of emergency declared by the Governor beginning March 9, 2020 but prior to the termination date of either the public health emergency or the state of emergency, whichever occurs later;
the member is permanently and totally disabled 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 the 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.
A member who has been approved for a retirement allowance pursuant to a provision other than this section or section 10 of P.L.1965, c.89 (C.53:5A-10) prior to the effective date of this act, P.L. , c. (pending before the Legislature as this bill), may apply for a retirement allowance pursuant to this section and, if approved, the prior approval shall be rescinded and the retirement allowance pursuant to approval under this section shall be made retroactive to the date of the initial approval of the rescinded retirement allowance.
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 an allowance 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 and state of emergency.1
16. 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 contracted COVID-19 during the period of the public health emergency and state of emergency declared by the Governor beginning March 9, 2020 but prior to the termination date of either the public health emergency or the state of emergency, whichever occurs later;
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 the 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 when the beneficiary 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 and state of emergency.1
17. The Division of Pension and Benefits in the Department of the Treasury shall notify all members of the Police and Firemen’s Retirement System, all law enforcement officer, firefighter and emergency medical responder members of the Public Employees’ Retirement System, and all members of the State Police Retirement System who are enrolled in those respective retirement systems on the effective date of this act, P.L. , c. (pending before the Legislature as this bill), of the provisions of this act. The division shall also notify all members who retired on or after March 9, 2020 and all beneficiaries of members who died on or after March 9, 2020 of the provisions of this act.
The division shall provide the required notice within 30 days after the effective date of this act.1
18. Notwithstanding any provision of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the board of trustees for the Police and Firemen’s Retirement System, for the Public Employees’ Retirement System and for the State Police Retirement System, during the 90-day period following the effective date of this act, P.L. , c. (pending before the Legislature as this bill), may adopt, amend, or repeal any rule or regulation on an emergency basis for a period not to exceed 180 days for the purpose of the expeditious and effective implementation of the provisions of this act. Any emergency rule or regulation authorized by this section shall be subject to such terms and conditions as a board of trustees may deem appropriate. Such emergency rules or regulations shall be effective when published by the board on the website of the Department of the Treasury. Notice of any emergency rule or regulation pursuant to this section shall be published in the New Jersey Register not later than 30 days subsequent to the implementation of the emergency rules or regulations.1
1[5.] 9.1 This act shall take effect immediately and shall be retroactive to 1[January 1, 2020] March 9, 20201.