Permits application for PERS accidental disability benefit for injury sustained after January 2003 while employed at State psychiatric institution or correctional facility immediately prior to PERS membership.

A1577

ASSEMBLY, No. 1577

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

Co-Sponsored by:

Assemblyman Coughlin, Assemblywoman Tucker, Assemblymen
DiMaio, DeAngelo, Assemblywomen Murphy, Carter, Assemblymen Verrelli, Clifton,
Assemblywoman Reynolds-Jackson, Assemblymen Freiman, Danielsen, Assemblywomen
Lopez, Quijano, Assemblymen Karabinchak, Tully, Assemblywomen Swain, Speight,
Assemblymen Calabrese, McClellan, Simonsen, Sampson, Assemblywoman Haider,
Assemblyman Sauickie, Assemblywoman Dunn and Assemblyman Azzariti Jr.

SYNOPSIS

���� Permits application for PERS accidental disability
benefit for injury sustained after January 2003 while employed at State
psychiatric institution or correctional facility immediately prior to PERS
membership.

CURRENT VERSION OF TEXT

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

��

An Act
concerning eligibility for an accidental disability
benefit under the Public Employees� Retirement System and amending P.L.1954,
c.84 and
N.J.S.11A:2-11
.

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

���� 1.��� Section 43 of P.L.1954,
c.84 (C.43:15A-43) is amended to read as follows:

���� 43.� A member who has not
attained age 65 shall, upon the application of the head of the department in
which he is employed or upon his own application or the application of one
acting in his behalf, be retired by the board of trustees, if said employee is
permanently and totally disabled as a direct result of a traumatic event
occurring during and as a result of the performance of his regular or assigned
duties, on an accidental disability allowance.� A traumatic event occurring
during voluntary performance of regular or assigned duties at a place of
employment before or after required hours of employment which is not in
violation of any valid work rule of the employer or otherwise prohibited by the
employer shall be deemed as occurring during the performance of regular or
assigned duties.�
A traumatic event (1) occurring during and as a result of
the performance of a State employee�s regular or assigned duties as, but not
limited to, a doctor, nurse, healthcare worker, social worker, or correction
officer caring for or guarding individuals who are permanently or temporarily
incarcerated for any reason at Trenton Psychiatric Hospital, any other State
psychiatric institution or any State correctional facility and (2) occurring
when the employee is employed temporarily and not yet eligible for membership
in the retirement system shall be deemed as occurring during membership, if the
employee becomes a member of the retirement system without interruption in that
employment.

���� The application to accomplish
such retirement must be filed within five years of the original traumatic
event, but the board of trustees may consider an application filed after the
five-year period if it can be factually demonstrated to the satisfaction of the
board of trustees that the disability is due to the accident and the filing was
not accomplished within the five-year period due to a delayed manifestation of
the disability or to circumstances beyond the control of the member.

���� Permanent and total disability
resulting from a cardiovascular, pulmonary or musculo-skeletal condition which
was not a direct result of a traumatic event occurring in the performance of
duty shall be deemed an ordinary disability.

���� Before consideration of the
application by the board of trustees,

the physician or physicians
designated by the board shall have first made a medical examination of the
member at his residence or at any other place mutually agreed upon and shall
have certified to the board that he is physically or mentally incapacitated for
the performance of duty, and should be retired, and the appointing authority
shall have certified to the board that the member is permanently and totally
disabled as a direct result of a traumatic event occurring during and as a
result of the performance of his regular or assigned duties, the time and place
where the duty causing the disability was performed, that the disability was
not the result of his willful negligence and that the member should be retired.

���� No person who becomes a member
of the retirement system on or after the effective date of P.L.2010, c.3 shall
be eligible for retirement pursuant to this section.

(cf: P.L.2010, c.3, s.9)

���� 2.��� N.J.S.11A:2-11 is
amended to read as follows:

���� 11A:2-11.�� Powers and duties
of the commission.� In addition to other powers and duties vested in the
commission by this title or any other law, the commission:

���� a.���� (Deleted by amendment,
P.L.2008, c.29);

���� b.��� May appoint employees
necessary to enforce or implement the provisions of this title.� All employees
of the commission whose principal duties relate to the enforcement or
implementation of this title shall be confidential employees for the purposes
of the "New Jersey Employer-Employee Relations Act," P.L.1941,
c.100 (C.34:13A-1 et seq.);

���� c.���� Shall maintain a
management information system necessary to carry out the provisions of this
title;

���� d.��� Shall have the authority
to audit payrolls, reports or transactions for conformity with the provisions
of this title;

���� e.���� Shall plan, evaluate,
administer and implement personnel programs and policies in State government
and political subdivisions operating under this title
, including a personnel
orientation program that informs new employees of State psychiatric
institutions and State correctional facilities of the risk of injury occurring
during and as a result of the performance of their regular or assigned duties
;

���� f.���� Shall establish and
supervise the selection process and employee performance evaluation procedures;

���� g.��� (Deleted by amendment,
P.L.2008, c.29);

���� h.��� Shall set standards and
procedures for review and render the final administrative decision on a written
record or after recommendation by an independent reviewer assigned by the
commission from classification, salary, layoff rights and in the State service
noncontractual grievances;

���� i.���� May establish pilot
programs and other projects for a maximum of one year outside of the provisions
of this title;

���� j.���� Shall provide for a
public employee interchange program pursuant to the "Government Employee
Interchange Act of 1967," P.L.1967, c.77 (C.52:14-6.10 et seq.) and may
provide for an employee interchange program between public and private sector employees;

���� k.��� (Deleted by amendment,
P.L.2008, c.29);

���� l.���� (Deleted by amendment,
P.L.2008, c.29);

���� m.�� Shall establish and
consult with advisory boards representing political subdivisions, personnel
officers, labor organizations and other appropriate groups;

���� n.��� Shall make an annual
report to the Governor and Legislature and all other special or periodic
reports as may be required.� The annual report shall indicate the number of
persons, by title, who, on March 31, June 30, September 30, and December 31 of
each year, held appointments to positions in the senior executive service and
the number of noncareer employees by title, who, on those same dates, held
appointments in positions in the senior executive service; and

���� o.��� Shall have the authority
to assess costs for special or other services;

���� p.��� (Deleted by amendment,
P.L.2008, c.29).

(cf: P.L.2008, c.29, s.8)

���� 3.��� This act shall take
effect immediately and shall be retroactive to January
1, 2003.

STATEMENT

���� This bill allows a member of the Public Employees�
Retirement System (PERS) to apply for accidental disability benefits based upon
an injury sustained while employed temporarily at Trenton Psychiatric Hospital,
any other State psychiatric institution or any State correctional facility,
which injury continues to be disabling after the person becomes a PERS member.�
Temporary public employees are not eligible for PERS membership until the
employment becomes permanent or the passage of one year, whichever occurs
first. Currently, persons employed temporarily at any State psychiatric
institution or any State correctional facility who are injured while ineligible
for PERS membership are eligible for workers compensation benefits only.� They
are not eligible for PERS accidental disability benefits even after attaining
PERS member status because the injury occurred when not a PERS member.

����� The bill provides that, for purposes of application
for a PERS accidental disability benefit, a traumatic event (1) occurring
during and as a result of the performance of a State employee�s regular or
assigned duties as, but not limited to, a doctor, nurse, healthcare worker,
social worker, or correction officer caring for or guarding individuals who are
permanently or temporarily incarcerated for any reason at Trenton Psychiatric
Hospital, any other State psychiatric institution or any State correctional facility
and (2) occurring when the employee is employed temporarily and not yet
eligible for membership in the retirement system will be deemed as occurring
during membership, if the employee becomes a member of the retirement system
without interruption in that employment.� The bill�s provisions would apply
retroactively to January 1, 2003.

����� In addition, the bill also adds to the duties of the
Civil Service Commission a personnel orientation program that informs new
employees of State psychiatric institutions and State correctional facilities
of the risk of injury occurring during and as a result of the performance of
their regular or assigned duties.