Provides PFRS member in federal or State military service who is injured or killed with disability or death benefits.

A1028

ASSEMBLY, No. 1028

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblywoman ELIANA PINTOR MARIN

District 29 (Essex and Hudson)

SYNOPSIS

���� Provides PFRS member in federal or State military
service who is injured or killed with disability or death benefits.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning death and disability benefits for certain members of the Police and
Firemen's Retirement System of New Jersey and amending P.L.1944, c.255.

����
Be It Enacted

by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 9 of P.L.1944,
c.255 (C.43:16A-9) is amended to read as follows:

���� 9.��� (1)� Upon the receipt of
proper proof of the death of a member in active service on account of which no
accidental death benefit is payable under section 10 there shall be paid to
such member's widow or widower a pension of 50% of final compensation for the
use of himself or herself and children of the deceased member, to continue
during his or her widowhood; if there is no surviving widow or widower or in
the case the widow or widower dies or remarries, 50% of final compensation
shall be payable to one surviving child, or, if there are two or more children,
50% of final compensation shall be payable to such children in equal shares.

���� In the event of 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.

���� If there is no widow or
widower or child, 25% of final compensation will be payable to one surviving
parent or 40% of final compensation will be payable to two surviving parents in
equal shares.

���� (2)� If there is no widow or
widower, child or parent, there shall be paid to any other beneficiary of the
deceased member his or her aggregate contributions at the time of death.

���� (3)� In no case shall the
death benefit provided in subsection (1) be less than that provided under
subsection (2).

���� (4)� In addition to the
foregoing benefits payable under subsection (1) or (2), there shall also be
paid in one sum to the member's beneficiary, an amount equal to 3 1/2 times
final compensation.

���� (5)� a.� For the purposes of
this section and paragraph (5) of section 10 of P.L. 1944, c.255 (C.43:16A-10)
, a member of the Police and Firemen's Retirement System shall be deemed to be
an active member for a period of no more than 93 days while on official leave
of absence without pay when such leave is due to any reason other than illness,
and for a period of not more than one year in the event of an official leave
(a) due to the member's maternity, or (b) to fulfill a residency requirement
for an advanced degree, or (c) as a full-time student at an institution of
higher education, and (1) while he is disabled due to sickness or injury
arising out of or in the course of his employment as a member to whom this act
applies, is not engaged in any gainful occupation, and is receiving or entitled
to receive periodic benefits (including any commutation of, or substitute for,
such benefits) for loss of time on account of such disability under or by
reason of workmen's compensation law, occupational disease law or similar
legislation and has not retired or terminated his membership; or (2) for a
period of no more than two years while on official leave of absence without pay
if satisfactory evidence is presented to the retirement system that such leave
of absence without pay is due to the member's personal illness other than an
illness to which (1) above applies.

���� b.��� If a member dies within
30 days after the date of retirement or the date of board approval, whichever
is later, a death benefit shall be payable only if he is deemed to be an active
member in accordance with this section; provided, however, a member applying
for disability benefits shall be deemed an active member if he was covered by
the death benefit provisions of the act at the termination of employment, filed
the application for disability retirement with the retirement system within 30
days following such termination of employment and dies within 30 days after the
date of retirement or the date of board approval, whichever is later.� If a
member files an application for disability retirement while in service and
otherwise meets the requirements for disability retirement, but dies before the
retirement takes effect, the retirement shall be considered effective.

����
c.��� For the purposes of
this section, a member of the Police and Firemen's Retirement System shall be
deemed to be an active member while on official leave of absence with or
without pay if the leave is due to federal or State active duty or active duty
for training as defined in N.J.S.38A:1-1 in the reserve component of the Armed
Forces of the United States when the federal active duty has been ordered by
the President of the United States or in the organized militia of this State
when the State active duty has been ordered by the Governor.

(cf: P.L.2019, c.305, s.1)

���� 2.��� Section 6 of P.L.1944,
c.255 (C.43:16A-6) is amended to read as follows:

���� 6.��� (1) Upon the written
application by a member in service, by one acting in his behalf or by his
employer, any member, under 55 years of age, who has had four or more years of
creditable service may be retired on an ordinary disability retirement
allowance; provided, that the medical board, after a medical examination of
such member, shall certify that such member is mentally or physically
incapacitated for the performance of his usual duty and of any other available
duty in the department which his employer is willing to assign to him and that
such incapacity is likely to be permanent and to such an extent that he should
be retired.

���� (2)� Upon retirement for
ordinary disability, a member shall receive an ordinary disability retirement
allowance which shall consist of:

���� (a)�� An annuity which shall
be the actuarial equivalent of his aggregate contributions and

���� (b)� A pension in the amount
which, when added to the member's annuity, will provide a total retirement
allowance of 1 1/2% of final compensation multiplied by his number of years of
creditable service but in no event shall the total allowance be less than 40%
of the member's final compensation.

���� (3)� Notwithstanding the
provisions of subsection (2) of this section, a member who has more than 20 but
less than 25 years of creditable service and who is required to retire upon
application by the employer on or after the effective date of P.L.1999, c.428,
shall receive an ordinary disability retirement allowance which shall consist
of:

���� (a)�� An annuity which shall
be the actuarial equivalent of the member's aggregate contributions; and

���� (b)� A pension in the amount
which, when added to the member's annuity, will provide a total retirement
allowance of 50% of final compensation plus 3% of final compensation multiplied
by the number of years of creditable service over 20 but not over 25.

���� (4)� Upon the receipt of
proper proofs of the death of a member who has retired on an ordinary
disability retirement allowance, there shall be paid to such member's
beneficiary, an amount equal to 3 1/2 times the compensation upon which
contributions by the member to the annuity savings fund were based in the last
year of creditable service; provided, however, that if such death shall occur
after the member shall have attained 55 years of age the amount payable shall
equal 1/2 of such compensation instead of 3 1/2 times such compensation.

����
(5)� For the purposes of
this section, a member of the Police and Firemen's Retirement System shall be
deemed to be an active member while on official leave of absence with or
without pay if the leave is due to federal or State active duty or active duty
for training as defined in N.J.S.38A:1-1 in the reserve component of the Armed
Forces of the United States when the federal active duty has been ordered by
the President of the United States or in the organized militia of this State
when the State active duty has been ordered by� the Governor.

(cf: P.L.1999, c.428, s.3)

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� This bill provides that a
member of the Police and Firemen's Retirement System (PFRS) on official leave
of absence with or

without pay due to federal or State active duty or active duty for training in
the reserve component of the Armed Forces of the United States, when the
federal active duty has been ordered by the President of the United States, or
in the organized militia of this State, when the State active duty has been
ordered by the Governor, will be considered to be an active PFRS member.�
Active member status ensures that police officers and firefighters called to
active duty or active duty for training in the military service who are killed
or injured remain eligible for PFRS death or disability benefits.