S3904

An Act concerning eligibility for pensions for survivors of certain emergency services volunteers and amending P.L.1957, c.168.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1957, c.168 (C.43:12-28.1) is amended to read as follows:

1. a. The governing body of any municipality served by a volunteer fire company or first aid or rescue squad shall, by resolution, determine the eligibility for a survivor's pension of the widow or children or parent of any volunteer firefighter, first aid worker, rescue squad worker, or emergency medical technician who has died as the result of injuries sustained in the course of performance of duty as a member of the volunteer fire company or first aid or rescue squad on or after January 1, 2000. A governing body may determine that the widow or children or parent of a volunteer is eligible for a survivor's pension whenever a volunteer dies while responding to, preparing for or returning from an emergency while under orders from a competent authority. When the municipal governing body determines that a widow or children or parent are eligible for a survivor's pension, a certified copy of the resolution shall be filed by the municipal clerk with the State Treasurer within 10 days of adoption, and the State shall provide for payment of the survivor's pension, starting in the first calendar year next following the year of death of the volunteer or the year next following the year in which P.L.2002, c.134 is enacted, whichever is later.

For the purposes of this section, "first aid or rescue squad" shall mean any duly incorporated first aid and emergency or volunteer ambulance or rescue squad association providing volunteer public first aid, ambulance or rescue services within the municipality;

"widow" shall also include "widower";

"child" shall mean a deceased firefighter's, emergency medical technician's, or first aid or rescue squad worker'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, or (d) of any age who, at the time of the firefighter's, technician's or worker'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 professional; and

"parent" shall mean the parent of a firefighter, emergency medical technician, or first aid or rescue squad worker who was receiving at least one-half of his or her support from the firefighter, technician or worker in the 12-month period immediately preceding the firefighter's, technician's or worker's death. The dependency of such a parent will be considered terminated by marriage of the parent subsequent to the death of the member.

b. For purposes of subsection a. of this section, the death of a volunteer 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 injuries sustained in the course of performance of duty as a member of a volunteer fire company or first aid or rescue squad if:

the volunteer contracted COVID-19 and the volunteer’s death occurred after receiving a positive test result for SARS-CoV-2 during the public health emergency in the State declared by the Governor in Executive Order No. 103 of 2020 and as extended;

the volunteer died as a result of COVID-19; and

the volunteer’s regular or assigned duties required the volunteer to interact, and the volunteer so interacted, with the public or to directly supervise other personnel so interacting with the public on any date during the public health emergency in the State declared by the Governor in Executive Order No. 103 of 2020 and as extended and within 14 calendar days prior to the appearance of symptoms consistent with COVID-19 that shall have been confirmed in writing by a licensed health care provider on a form approved by the governing body of the municipality and also confirmed by a positive test result for SARS-CoV-2.

If a volunteer died during the public health emergency in the State declared by the Governor on Executive Order No. 103 of 2020 and as extended, a beneficiary may apply for a survivor’s pension pursuant to this section and, if approved, the survivor’s pension pursuant to approval under this section shall be made retroactive to the first calendar year next following the year of the death of the volunteer.

(cf: P.L.2010, c.50, s.70)

2. This act shall take effect immediately.

STATEMENT

This bill extends pension eligibility to the widow, children, or parent of any volunteer firefighter, first aid worker or rescue squad worker, or emergency medical technician who contracted COVID-19 during the public health emergency in this State declared by the Governor on March 9, 2020.

Under current law, if any volunteer firefighter, first aid worker, rescue squad worker, or emergency medical technician has died as the result of injuries sustained in the course of performance of duty as a member of the volunteer fire company or first aid or rescue squad on or after January 1, 2000, the widow or children or parent of the volunteer is eligible for a survivor's pension. The pension is $15,000 per year, and $10,000 or $5,000 depending on the survivor's relationship to the deceased. Once approved by the municipality, the pension will be payable by the State.

Under this bill, for a survivor’s pension, the death of a volunteer attributable to COVID-19, complications therefrom, or the aggravation or acceleration of a preexisting condition caused thereby will be deemed to have occurred as the result of injuries sustained in the course of performance of duty as a volunteer if:

the volunteer contracted COVID-19 and the volunteer’s death occurred after receiving a positive test result for SARS-CoV-2 during the public health emergency;

the volunteer died as a result of COVID-19; and

the volunteer’s regular or assigned duties required the volunteer to interact, and the volunteer so interacted, with the public or to directly supervise other personnel so interacting with the public on any date during the public health emergency and within 14 calendar days prior to the appearance of symptoms consistent with COVID-19 that were confirmed in writing by a licensed health care provider on a form approved by the board of trustees and also confirmed by a positive test result for SARS-CoV-2.

An eligible beneficiary of a volunteer who died during the public health emergency may apply for a survivor’s pension pursuant to this bill. If approved by the governing body of the municipality, the survivor’s pension will be retroactive to the first calendar year after the year of the volunteer’s death.