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A1992
ASSEMBLY, No. 1992
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblywoman ROSAURA "ROSY" BAGOLIE
District 27 (Essex and Passaic)
Co-Sponsored by:
Assemblyman Stanley
SYNOPSIS
���� Extends accidental death benefit for survivors of
certain SPRS retirees.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the accidental death benefits of the State
Police Retirement System and amending P.L.2021, c.75.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� Section 1 of P.L.2021,
c.75 (C.53:5A-14.5) is amended to read as follows:
���� 1.� a.� (1)� The surviving
spouse or surviving child or children of a retired member of the State Police
Retirement System who received an accidental disability retirement allowance in
accordance with subsection a. of section 10 of P.L.1965, c.89 (C.53:5A-10)
,
an ordinary disability retirement allowance in accordance with section 9 of
P.L.1965, c.89 (C.53:5A-9), a special retirement allowance in accordance with
section 27 of P.L.1965, c.89 (C.53:5A-27), or a service retirement allowance in
accordance with section 8 of P.L.1965, c.89 (C.53:5A-8)
shall receive the
accidental death benefits as set forth in section 14 of P.L.1965, c.89
(C.53:5A-14), provided that
[
the
retired member died before July 8, 2019 and
]
the surviving spouse, child, or children submit documentation that the member
would have qualified for
, or did qualify for,
a retirement allowance in
accordance with subsection e. of section 10 of P.L.1965, c.89 (C.53:5A-10),
upon the submission to the board of trustees of proper proofs of the death of
that retiree,
except that the written and sworn statement
specified in paragraph (4) of subsection e. of section 10 of P.L. 1965, c.89
(C.53:5A-10) shall not be required,
notwithstanding any other
provision of law or regulation to the contrary.� Notwithstanding the provision
of subsection c. of section 10 of P.L.1965, c.89 (C.53:5A-10) or any other
provision of law to the contrary, the lump sum benefit of 3 1/2 times final
compensation in subsection e. of section 14 of P.L.1965, c.89 (C.53:5A-14)
shall apply.
���� (2)� The surviving spouse or
surviving child or children, or any legal guardian of the surviving child or
children, shall be eligible to receive the accidental death benefits as set
forth in section 14 of P.L.1965, c.89 (C.53:5A-14), upon the submission to the
board of trustees of proper proofs of the death of the member or retiree, notwithstanding
any other provision of law or regulation to the contrary, if the spouse, child,
children, or guardian submits sufficient documentation that the deceased member
or retiree would have qualified for
, or did qualify for,
an accidental
disability retirement allowance in accordance with subsection e. of section 10
of P.L.1965, c.89 (C.53:5A-10).� The board of trustees shall require the
submission of such information as the deceased member or retiree would have
been required to submit in accordance with subsection e. of section 10 of
P.L.1965, c.89 (C.53:5A-10) and such other information as the board of trustees
may deem necessary to make a determination
, except that the written and
sworn statement specified in paragraph (4) of subsection e. of section 10 of
P.L. 1965, c.89 (C.53:5A-10) shall not be required
.� Notwithstanding any
other provision of law to the contrary, the lump sum benefit of 3 1/2 times
final compensation in subsection e. of section 14 of P.L.1965, c.89
(C.53:5A-14) shall apply.
���� (3)� Paragraphs (1) and (2) of
this subsection shall apply only if the member's or retiree's death was the
result of a qualifying condition or impairment of health as defined in
subsection e. of section 10 of P.L.1965, c.89 (C.53:5A-10) which the medical
board
or the World Trade Center Health Program
determines to be caused
by participation in World Trade Center rescue, recovery, or cleanup operations.
���� b. (1) The surviving spouse of
a deceased retired member who is receiving a pension in accordance with section
25 of P.L.1965, c.89 (C.53:5A-25) due to the death of the retired member
[
on or before
July 8, 2019
]
shall be eligible to apply to the board of trustees and, upon approval of the
application by the board, shall receive the accidental death benefits set forth
in section 14 of P.L.1965, c.89 (C.53:5A-14) if the surviving spouse submits
sufficient documentation that the deceased retiree would have qualified
, or
did qualify,
for a retirement under subsection e. of section 10 of
P.L.1965, c.89 (C.53:5A-10)
[
but
for the fact that the benefit was not available to the retiree prior to the
retiree's death
]
, or if the member previously filed the written and sworn statement required
pursuant to paragraph (4) of subsection e. of section 10 of P.L. 1965, c.89
(C.53:5A-10)
.
���� (2)� A surviving spouse who
received the pension in accordance with section 25 of P.L.1965, c.89
(C.53:5A-25), but whose eligibility for that pension was terminated because the
surviving spouse no longer met the definition of "surviving spouse"
as set forth in section 3 of P.L.1965, c.89 (C.53:5A-3), shall be eligible to
apply to the board of trustees and, upon approval of the application by the
board, shall receive the accidental death benefits set forth in section 14 of
P.L.1965, c.89 (C.53:5A-14) under the same terms and conditions and pursuant to
the same requirements as set forth in paragraph (1) of this subsection.� If the
former spouse receives the accidental death benefits as set forth in section 14
of P.L.1965, c.89 (C.53:5A-14), a surviving child or children who are receiving
benefits pursuant to section 25 of P.L.1965, c.89 (C.53:5A-25) shall no longer
be eligible to receive those benefits.
���� (3)� If there is no surviving
spouse or no former surviving spouse because the spouse has died or has
declined in writing to apply pursuant to paragraph (2) of this subsection, the
surviving child or surviving children who are receiving benefits in accordance
with section 25 of P.L.1965, c.89 (C.53:5A-25) on the effective date of
[
this act,
]
P.L.2021,
c.75 (C.53:5A-14.5), or any legal guardian of the child or children, may submit
the application and receive the benefits set forth in section 14 of P.L.1965,
c.89 (C.53:5A-14) under the same terms and conditions and pursuant to the same
requirements as set forth in paragraph (1) of this subsection.
���� (4)� The board of trustees
shall provide written notification to each surviving spouse, former surviving
spouse, and surviving child, and any legal guardian of a surviving child, of
the provisions of this subsection, within
[
30
]
60
days after the effective date of
[
this
act
]
P.L.��
, c.�� (pending before the Legislature as this bill) by letter sent via
certified mail
.
���� (5)� In order to receive the
benefit provided in this subsection, a surviving spouse, former surviving
spouse, or surviving child, or any legal guardian of the surviving child, shall
submit an application not later than two years after the
date of the member
or retiree�s death, or two years after the
effective date of
[
this act
]
P.L.�� ,
c.�� (pending before the Legislature as this bill), whichever is later
.
���� (6)� The board of trustees
shall require the surviving spouse, former surviving spouse, or surviving
child, or any legal guardian of the surviving child, to submit such information
as the deceased member or retiree would have been required to submit in accordance
with subsection e. of section 10 of P.L.1965, c.89 (C.53:5A-10) and such other
information as the board of trustees may deem necessary to review the
application and make a determination
, except that the written and sworn
statement specified in paragraph (4) of subsection e. of section 10 of P.L.
1965, c.89 (C.53:5A-10) shall not be required
.� Paragraphs (1), (2), and
(3) of this subsection shall apply only if the retiree's death was the result
of a qualifying condition or impairment of health as defined in subsection e.
of section 10 of P.L.1965, c.89 (C.53:5A-10) which the medical board
or the
World Trade Center Health Program
determines to be caused by participation
in World Trade Center rescue, recovery, or cleanup operations
[
and if the
deceased member or retiree died before July 8, 2019
]
.
���� (7)� Upon approval of an
application, the surviving spouse, former surviving spouse, or surviving child
or children, or any legal guardian of the surviving child or children, shall
receive the annual payments of the accidental death benefit, and the lump sum death
benefit payment, as set forth in section 14 of P.L.1965, c.89 (C.53:5A-14).�
The annual benefit payments shall apply only for payments made after the
effective date of
[
this
act
]
P.L.2021,
c.75
.� No surviving spouse or former surviving spouse or surviving child,
or any legal guardian of the surviving child, shall be granted a retroactive
payment based upon the difference between the benefit the person would have
received if the benefit pursuant to this subsection had been applicable on the
date of death of the retiree and the benefit that the person has received from
that date of death to the effective date of
[
this
act
]
P.L.2021,
c.75, or the date of the application approval, whichever is later
.� The
lump sum benefit paid to a beneficiary shall be and shall not exceed 3 1/2
times the retiree's final compensation in total regardless of the provision of
law under which the lump sum death benefit was paid.
���� (8)� The health care benefit
premiums to be paid by the State in accordance with subsection h. of section 14
of P.L.1965, c.89 (C.53:5A-14) shall apply if the surviving spouse, former
surviving spouse, or surviving child or children are still receiving coverage
from the employer-sponsored health insurance program or, if that coverage was
terminated, can again become eligible for such coverage.� If such coverage is
no longer available, the surviving spouse, former surviving spouse, or
surviving child or children shall be eligible to enroll in the State Health
Benefits Program, P.L.1961, c.49 (C.52:14-17.25 et seq.), notwithstanding any
provision thereof to the contrary.
���� c.��� This act, P.L.2021, c.75
(C.53:5A-14.5), shall be known and may be cited as the Trooper I Robert Nagle
and Staff Sergeant Bryan McCoy 911 First Responders Act.
(cf: P.L.2021, c.75, s.1)
���� 2.� This act shall take effect
immediately.
STATEMENT
���� This bill extends accidental
death benefits for survivors of certain State Police Retirement System (SPRS)
retirees.
���� Under current law, the
surviving spouse or child of a retired member of the SPRS who died on or before
July 8, 2019 and had been receiving an accidental disability retirement
allowance is permitted to apply to receive accidental death benefits if the retired
member had a qualifying condition or impairment of health due to World Trade
Center rescue, recovery, or cleanup operations.
���� This bill removes the
limitation that only a surviving spouse or child of a qualifying SPRS retiree
who died before July 8, 2019 is eligible, so that the provisions will apply
regardless of when the SPRS retiree died.� In addition, this bill establishes
eligibility for a surviving spouse or child of a qualifying SPRS member who had
been receiving an ordinary disability retirement, a special retirement, or a
service retirement.� This bill prohibits a written and sworn statement from
being required when applying for the accidental death benefits.
���� Under current law, a spouse or
child is only eligible for accidental death benefits if the member's or
retiree's death was the result of a qualifying condition or impairment of
health which the medical board determines to be caused by participation in World
Trade Center rescue, recovery, or cleanup operations.� This bill also allows the
World Trade Center Health Program to make this determination.
���� Under current law, the spouse
of a deceased retired member who is receiving a pension due to the death of that
member on or before July 8, 2019 is eligible to apply to the board of trustees
and, upon approval of the application by the board, will receive the accidental
death benefits if the surviving spouse submits sufficient documentation that
the deceased retiree would have qualified for a retirement.� This bill also
allows the spouse to apply if the member did qualify for retirement or if the
member previously filed the required written and sworn statement.
���� This bill requires
notification to SPRS surviving spouses and children of the changes made by the
bill by certified mail within 60 days after the bill�s effective date.
���� Under current law, a surviving
spouse, former surviving spouse, or surviving child, or any legal guardian of
the surviving child, must submit an application not later than two years after
the effective date of the law.� This bill allows survivors to submit an
application not later than two years after the date of the member or retiree�s
death, or two years after the effective date of this bill, whichever is later.
���� Under current law, a surviving
spouse or former surviving spouse or surviving child, or any legal guardian of
the surviving child, is prohibited from being granted a retroactive payment
based upon the difference between the benefit the person would have received if
the benefit had been applicable on the date of death of the retiree and the
benefit that the person has received from that date of death to the effective
date of the law.� This bill also provides that these survivors are prohibited
from being granted a retroactive payment based upon the difference between the
benefit the person would have received if the benefit had been applicable on
the date of death of the retiree and the benefit that the person has received
from that date of death to the date of the application approval if the date of
approval is later than the effective date of the law.