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.

A1932

ASSEMBLY, No. 1932

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

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

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

��

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.