Provides certain health care benefits to surviving dependents of accidental disability retiree who participated in 9/11 WTC rescue, recovery, or cleanup operations; clarifies eligibility criteria for recalculation of retirement allowance for such participation.

A4189

ASSEMBLY, No. 4189

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� Provides certain health care benefits to surviving
dependents of accidental disability retiree who participated in 9/11 WTC
rescue, recovery, or cleanup operations; clarifies eligibility criteria for
recalculation of retirement allowance for such participation.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning health care and retirement benefits for
certain members of the Police and Firemen�s Retirement System, the State Police
Retirement System, and the Public Employees� Retirement System and their
survivors, and amending P.L.1944, c.255, P.L.1965, c.89, and P.L.1954, c.84.

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

���� 1.��� Section 7 of P.L.1944,
c.255 (C.43:16A-7) is amended to read as follows:

���� 7. a. (1) Upon the written
application by a member in service, by one acting in his behalf or by his
employer, any member may be retired on an accidental disability retirement
allowance, provided that the medical board, after a medical examination of such
member, shall certify 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 and that such disability was not
the result of the member's willful negligence and 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.� 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 other
circumstances beyond the control of the member.

���� (2)�� Upon retirement for
accidental disability, a member shall receive an accidental 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 2/3 of the member's actual annual compensation for which
contributions were being made at the time of the occurrence of the accident or
at the time of the member's retirement, whichever provides the largest possible
benefit to the member.

���� (3)�� Upon receipt of proper
proofs of the death of a member who has retired on accidental 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.

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

���� b. (1) For purposes of this
subsection:

���� "Qualifying condition or
impairment of health" includes:

���� diseases of the upper
respiratory tract and mucosae, including conditions such as conjunctivitis,
rhinitis, sinusitis, pharyngitis, laryngitis, vocal cord disease, upper airway
hyperreactivity and tracheobronchitis, or a combination of such conditions;

���� diseases of the lower
respiratory tract, including but not limited to bronchitis, asthma, reactive
airway dysfunction syndrome, and different types of pneumonitis, such as
hypersensitivity, granulomatous, or eosinophilic;

���� diseases of the
gastroesophageal tract, including esophagitis and reflux disease, either acute
or chronic, caused by exposure, or aggravated by exposure;

���� diseases of the psychological
axis, including post-traumatic stress disorder, anxiety, depression, or any
combination of such conditions;

���� diseases of the skin, such as
contact dermatitis or burns, either acute or chronic in nature, infectious,
irritant, allergic, idiopathic or non-specific reactive in nature, caused by
exposure, or aggravated by exposure; and

���� new onset diseases resulting
from exposure as such diseases occurring in the future including cancer,
chronic obstructive pulmonary disease, asbestos-related disease, heavy metal
poisoning, musculoskeletal disease, and chronic psychological disease.

���� "World Trade Center
rescue, recovery, or cleanup operations" means the rescue, recovery, or
cleanup operations at the World Trade Center site between September 11, 2001
and October 11, 2001.

���� "World Trade Center
site" means any location below a line starting from the Hudson River and
Canal Street, east on Canal Street to Pike Street, south on Pike Street to the
East River, and extending to the lower tip of Manhattan.

���� (2)�� Notwithstanding any
provision of subsection a. of this section or any other law to the contrary,
for a member who participated, whether or not under orders or instruction by an
employer to so participate, in World Trade Center rescue, recovery, or cleanup
operations for a minimum of eight hours, permanent and total disability
resulting from a qualifying condition or impairment of health shall be presumed
to have occurred during and as a result of the performance of the member's
regular or assigned duties and not the result of the member's willful
negligence, unless the contrary can be proved by competent evidence.

���� A member who did not
participate in such operations for a minimum of eight hours shall be eligible
for the presumption provided that:

���� the member participated in the
rescue, recovery, or cleanup operations at the World Trade Center site between
September 11, 2001 and September 12, 2001;

���� the member sustained a
documented physical injury at the World Trade Center site between September 11,
2001 and September 12, 2001 that is a qualifying condition or impairment of
health resulting in a disability to the member that prevented the member from
continuing to participate in World Trade Center rescue, recovery, or cleanup
operations for a minimum of eight hours; and

���� the documented physical injury
that resulted in a disability to the member that prevented the member from
continuing to participate in World Trade Center rescue, recovery, or cleanup
operations for a minimum of eight hours is the qualifying condition or impairment
of health for which the member seeks a presumption under this subsection.

���� In order to be eligible for
the presumption provided under this subsection, a member shall have
successfully passed a physical examination for entry into public service or
shall present such sufficient evidence of one or more medical examinations or
results performed within a reasonable period of time before or after entry into
public service, which failed to disclose evidence of the qualifying condition
or impairment of health that formed the basis for the permanent and total
disability.

���� (3)�� A member who
participated in the World Trade Center rescue, recovery, or cleanup operations
for a minimum of eight hours and
[
subsequently
retired on a service retirement, special retirement, accidental disability
retirement, or an ordinary disability retirement and
]
thereafter incurred a disability
caused by 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 shall be eligible to apply to the board of
trustees to have the retiree's
service retirement or ordinary disability

retirement allowance recalculated as an accidental disability retirement
allowance for benefit payments on or after the date of the application,
provided the retiree filed an application for such recalculation within 180
days of the date that the retiree knew or should have known of the existence of
such disability and its relation to the rescue, recovery, or cleanup operations
,
or within two years of the effective date of P.L.2019, c.157, whichever occurs
later
. In order to be eligible for such recalculation, the retiree shall
have successfully passed a physical examination for entry into public service
or shall present such sufficient evidence of one or more medical examinations
or results performed within a reasonable period of time before or after entry
into public service, which failed to disclose evidence of the qualifying
condition or impairment of health that formed the basis for the disability.

���� If a retiree previously filed
an eligibility registration form with the Police and Firemen's Retirement
System and the retiree was denied because the retiree did not file within the
required registration period in effect prior to the effective date of P.L.2025,
c.117, the retiree shall be permitted to petition the board of trustees for
reconsideration.

���� (4)�� The board of trustees
may promulgate rules and regulations that the board determines are necessary to
implement the provisions of this subsection.

���� A member or retiree shall not
be eligible for the presumption or recalculation under this subsection unless
the member or retiree files a written and sworn statement with the retirement
system on a form provided by the board of trustees thereof indicating the dates
and locations of service.�

���� (5)�� This subsection shall
apply regardless of whether the member or retiree, who is otherwise eligible,
was enrolled in the retirement system at the time of participation in World
Trade Center rescue, recovery, or cleanup operations as specified herein.

����
(6)�� Upon the receipt of
proper proofs of the death of a member who has retired on an accidental
disability retirement allowance pursuant to this subsection, and whose death
was caused by 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, the State shall pay to the member�s
employer-sponsored health insurance program, or to the widow or widower in the
case of coverage under Part B of the federal Medicare program, the premium or
periodic charges for health benefits coverage of the retiree�s surviving widow
or widower and dependent children. A surviving widow or widower shall
contribute, through the withholding of the contribution from the monthly
retirement allowance, or by any other means determined by the Division of
Pensions and Benefits, toward the cost of the health care benefits coverage in
an amount that shall be determined in accordance with section 39 of P.L.2011,
c.78 (C.52:14-17.28c), by using the percentage applicable to the range within
which the annual retirement allowance received pursuant to this section, and
any future cost of living adjustments thereto, falls.� The amount payable by a widow
or widower under this paragraph shall not be less than 1.5 percent of the
monthly retirement allowance.

����
This paragraph shall not
apply in the case of a dependent who is otherwise eligible for continuation of
coverage, the cost of which is paid in full or in part by the employer, under
section 7 of P.L.1964, c.125 (C.52:14-17.38), or under section 3 of P.L.1983,
c.191 (C.40A:10-34.3), as determined under a binding collective negotiations
agreement in effect at the time of the adoption of this act, P.L.��� , c.���
(pending before the Legislature as this bill).

(cf: P.L.2025, c.117, s.2)

���� 2.��� Section 10 of P.L.1965,
c.89 (C.53:5A-10) is amended to read as follows:

���� 10. a. Upon the written
application by a member in service, by one acting in his behalf or by the
State, any member may be retired, not less than one month next following the
date of filing such application, on an accidental disability retirement allowance,
provided that the medical board, after a medical examination of such member,
shall certify 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 and that such disability was not the result
of the member's willful negligence and that such member is mentally or
physically incapacitated for the performance of his usual duties in the
Division of State Police which the Superintendent of State Police is willing to
assign to him.

���� A member with a preexisting
and asymptomatic condition that is rendered symptomatic as a direct result of a
traumatic event occurring during and as a result of the performance of the
member's regular or assigned duties may be eligible for an accidental disability
retirement allowance, provided that the traumatic event is caused by a
circumstance external to the member and is the substantial contributing cause
of the member's permanent and total disability.

���� 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 the member's continued employment in a restricted capacity
consistent with the nature of his disability in the Division of the State
Police upon and at the written request of the superintendent, with the
concurrence of the Attorney General, or to other circumstances beyond the
control of the member.

���� b.��� Upon retirement for
accidental disability, a member shall receive an accidental disability
retirement allowance which shall consist of:

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

���� (2)�� A pension in the amount
which, when added to the member's annuity, will provide a total retirement
allowance of 2/3 of his final compensation.

���� c.���� Upon the receipt of
proper proofs of the death of a member who has retired on an accidental
disability retirement allowance, there shall be paid to the member's
beneficiary an amount equal to 3 1/2 times the final compensation received by
the member 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.

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

���� e. (1) For purposes of this
subsection:

���� "Qualifying condition or
impairment of health" includes:

���� diseases of the upper
respiratory tract and mucosae, including conditions such as conjunctivitis,
rhinitis, sinusitis, pharyngitis, laryngitis, vocal cord disease, upper airway
hyperreactivity and tracheobronchitis, or a combination of such conditions;

���� diseases of the lower
respiratory tract, including but not limited to bronchitis, asthma, reactive
airway dysfunction syndrome, and different types of pneumonitis, such as
hypersensitivity, granulomatous, or eosinophilic;

���� diseases of the
gastroesophageal tract, including esophagitis and reflux disease, either acute
or chronic, caused by exposure or aggravated by exposure;

���� diseases of the psychological
axis, including post-traumatic stress disorder, anxiety, depression, or any
combination of such conditions;

���� diseases of the skin, such as
contact dermatitis or burns, either acute or chronic in nature, infectious,
irritant, allergic, idiopathic or non-specific reactive in nature, caused by
exposure, or aggravated by exposure; and

���� new onset diseases resulting
from exposure as such diseases occurring in the future including cancer,
chronic obstructive pulmonary disease, asbestos-related disease, heavy metal
poisoning, musculoskeletal disease, and chronic psychological disease.

���� "World Trade Center
rescue, recovery, or cleanup operations" means the rescue, recovery, or
cleanup operations at the World Trade Center site between September 11, 2001
and October 11, 2001.

���� "World Trade Center
site" means any location below a line starting from the Hudson River and
Canal Street, east on Canal Street to Pike Street, south on Pike Street to the
East River, and extending to the lower tip of Manhattan.

���� (2) Notwithstanding any
provision of subsection a. of this section or any other law to the contrary,
for a member who participated, whether or not under orders or instruction by an
employer to so participate, in World Trade Center rescue, recovery, or cleanup
operations for a minimum of eight hours, permanent and total disability
resulting from a qualifying condition or impairment of health shall be presumed
to have occurred during and as a result of the performance of the member's
regular or assigned duties and not the result of the member's willful
negligence, unless the contrary can be proved by competent evidence.

���� A member who did not
participate in such operations for a minimum of eight hours shall be eligible
for the presumption provided that:

���� the member participated in the
rescue, recovery, or cleanup operations at the World Trade Center site between
September 11, 2001 and September 12, 2001;

���� the member sustained a
documented physical injury at the World Trade Center site between September 11,
2001 and September 12, 2001 that is a qualifying condition or impairment of
health resulting in a disability to the member that prevented the member from
continuing to participate in World Trade Center rescue, recovery, or cleanup
operations for a minimum of eight hours; and

���� the documented physical injury
that resulted in a disability to the member that prevented the member from
continuing to participate in World Trade Center rescue, recovery, or cleanup
operations for a minimum of eight hours is the qualifying condition or impairment
of health for which the member seeks a presumption under this subsection.

���� In order to be eligible for
the presumption provided under this subsection, a member shall have
successfully passed a physical examination for entry into public service or
shall present such sufficient evidence of one or more medical examinations or
results performed within a reasonable period of time before or after entry into
public service, which failed to disclose evidence of the qualifying condition
or impairment of health that formed the basis for the permanent and total
disability.

���� (3) A member who participated
in the World Trade Center rescue, recovery, or cleanup operations for a minimum
of eight hours and
[
subsequently
retired on a service retirement, special retirement, accidental disability
retirement, or an ordinary disability retirement and
]
thereafter incurred a disability
caused by 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 shall be eligible to apply to the board of
trustees to have the retiree's
service retirement or ordinary disability

retirement allowance recalculated as an accidental disability retirement
allowance for benefit payments on or after the date of the application,
provided the retiree filed an application for such recalculation within 180
days of the date that the retiree knew or should have known of the existence of
such disability and its relation to the rescue, recovery, or cleanup operations

or within two years of the effective date of P.L.2019, c.157, whichever
occurs later
.� In order to be eligible for such recalculation, the retiree
shall have successfully passed a physical examination for entry into public
service or shall present such sufficient evidence of one or more medical
examinations or results performed within a reasonable period of time before or
after entry into public service, which failed to disclose evidence of the
qualifying condition or impairment of health that formed the basis for the
disability.

���� If a retiree previously filed
an eligibility registration form with the State Police Retirement System and
the retiree was denied because the retiree did not file within the required
registration period in effect prior to the effective date of P.L.2025, c.117,
the retiree shall be permitted to petition the board of trustees for
reconsideration.

���� (4) The board of trustees may
promulgate rules and regulations that the board determines are necessary to
implement the provisions of this subsection.

���� A member or retiree shall not
be eligible for the presumption or recalculation under this subsection unless
the member or retiree files a written and sworn statement with the retirement
system on a form provided by the board of trustees thereof indicating the dates
and locations of service.�

���� (5) This subsection shall
apply regardless of whether the member or retiree, who is otherwise eligible,
was enrolled in the retirement system at the time of participation in World
Trade Center rescue, recovery, or cleanup operations as specified herein.

����
(6)�� Upon the receipt of
proper proofs of the death of a member who has retired on an accidental
disability retirement allowance pursuant to this subsection, and whose death
was caused by 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, the State shall pay to the member�s
employer-sponsored health insurance program, or to the widow or widower in the
case of coverage under Part B of the federal Medicare program, the premium or
periodic charges for health benefits coverage of the retiree�s surviving widow
or widower and dependent children. A surviving widow or widower shall
contribute, through the withholding of the contribution from the monthly
retirement allowance, or by any other means determined by the Division of
Pensions and Benefits, toward the cost of the health care benefits coverage in
an amount that shall be determined in accordance with section 39 of P.L.2011,
c.78 (C.52:14-17.28c), by using the percentage applicable to the range within
which the annual retirement allowance received pursuant to this section, and
any future cost of living adjustments thereto, falls.� The amount payable by a widow
or widower under this paragraph shall not be less than 1.5 percent of the
monthly retirement allowance.

(cf: P.L.2025, c.117, s.3)

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

���� 43. a. 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.

���� 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 musculoskeletal 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.

���� b. (1) For purposes of this
subsection:

���� "Qualifying condition or
impairment of health" includes:

���� diseases of the upper
respiratory tract and mucosae, including conditions such as conjunctivitis,
rhinitis, sinusitis, pharyngitis, laryngitis, vocal cord disease, upper airway
hyperreactivity, and tracheobronchitis or a combination of such conditions;

���� diseases of the lower
respiratory tract, including, but not limited to, bronchitis, asthma, reactive
airway dysfunction syndrome, and different types of pneumonitis, such as
hypersensitivity, granulomatous, or eosinophilic;

���� diseases of the
gastroesophageal tract, including esophagitis and reflux disease, either acute
or chronic, caused by exposure, or aggravated by exposure;

���� diseases of the psychological
axis, including post-traumatic stress disorder, anxiety, depression, or any
combination of such conditions;

���� diseases of the skin, such as
contact dermatitis or burns, either acute or chronic in nature, infectious,
irritant, allergic, idiopathic or non-specific reactive in nature, caused by
exposure, or aggravated by exposure; and

���� new onset diseases resulting
from exposure as such diseases occurring in the future including cancer,
chronic obstructive pulmonary disease, asbestos-related disease, heavy metal
poisoning, musculoskeletal disease, and chronic psychological disease.

���� "World Trade Center
rescue, recovery, or cleanup operations" means the rescue, recovery, or
cleanup operations at the World Trade Center site between September 11, 2001
and October 11, 2001.

���� "World Trade Center
site" means any location below a line starting from the Hudson River and
Canal Street, east on Canal Street to Pike Street, south on Pike Street to the
East River, and extending to the lower tip of Manhattan.

���� (2)�� Notwithstanding any
provision of subsection a. of this section or any other law to the contrary,
for a member who participated, whether or not under orders or instruction by an
employer to so participate, in World Trade Center rescue, recovery, or cleanup
operations for a minimum of eight hours, permanent and total disability
resulting from a qualifying condition or impairment of health shall be presumed
to have occurred during and as a result of the performance of the member's
regular or assigned duties and not the result of the member's willful
negligence, unless the contrary can be proved by competent evidence.

���� A member who did not
participate in such operations for a minimum of eight hours shall be eligible
for the presumption, provided that:

���� the member participated in the
rescue, recovery, or cleanup operations at the World Trade Center site between
September 11, 2001 and September 12, 2001;

���� the member sustained a
documented physical injury at the World Trade Center site between September 11,
2001 and September 12, 2001 that is a qualifying condition or impairment of
health resulting in a disability to the member that prevented the member from
continuing to participate in World Trade Center rescue, recovery, or cleanup
operations for a minimum of eight hours; and

���� the documented physical injury
that resulted in a disability to the member that prevented the member from
continuing to participate in World Trade Center rescue, recovery, or cleanup
operations for a minimum of eight hours is the qualifying condition or impairment
of health for which the member seeks a presumption under this subsection.

���� In order to be eligible for
the presumption provided under this subsection, a member shall have
successfully passed a physical examination for entry into public service or
shall present such sufficient evidence of one or more medical examinations or
results performed within a reasonable period of time before or after entry into
public service, which failed to disclose evidence of the qualifying condition
or impairment of health that formed the basis for the permanent and total
disability.

���� (3)�� A member who
participated in the World Trade Center rescue, recovery, or cleanup operations
for a minimum of eight hours and
[
subsequently
retired on a service retirement, special retirement, accidental disability
retirement, or an ordinary disability retirement and
]
thereafter incurred a disability
caused by 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 shall be eligible to apply to the board of
trustees to have the retiree's
service retirement or ordinary disability

retirement allowance recalculated as an accidental disability retirement
allowance for benefit payments on or after the date of the application,
provided the retiree filed an application for such recalculation within 180
days of the date that the retiree knew or should have known of the existence of
such disability and its relation to the rescue, recovery, or cleanup operations
,
or within two years of the effective date of P.L.2019, c.157, whichever occurs
later
. In order to be eligible for such recalculation, the retiree shall
have successfully passed a physical examination for entry into public service
or shall present such sufficient evidence of one or more medical examinations
or results performed within a reasonable period of time before or after entry
into public service, which failed to disclose evidence of the qualifying
condition or impairment of health that formed the basis for the disability.

���� If a retiree previously filed
an eligibility registration form with the Public Employees' Retirement System
and the retiree was denied because the retiree did not file within the required
registration period in effect prior to the effective date of P.L.2025, c.117,
the retiree shall be permitted to petition the board of trustees for
reconsideration.

���� (4)�� The board of trustees
may promulgate rules and regulations that the board determines are necessary to
implement the provisions of this subsection.

���� A member or retiree shall not
be eligible for the presumption or recalculation under this subsection unless
the member or retiree files a written and sworn statement with the retirement
system on a form provided by the board of trustees thereof indicating the dates
and locations of service.

���� (5)�� This subsection shall
apply only to: any member or retiree who is or was enrolled in the Public
Employees' Retirement System because the member or retiree did not meet the age
or medical requirements for enrollment in the Police and Firemen's Retirement System
on the basis of the position held and to any emergency medical technician who
is a member or retiree of the Public Employees' Retirement System. For the
purposes of this paragraph, "emergency medical technician" means a
person trained in basic life support services as defined in section 1 of
P.L.1985, c.351 (C.26:2K-21) and who is certified by the Department of Health
to perform these services.

���� (6)�� This subsection shall
apply regardless of whether the member or retiree, who is otherwise eligible,
was enrolled in the retirement system at the time of participation in World
Trade Center rescue, recovery, or cleanup operations as specified herein.

����
(7)�� Upon the receipt of
proper proofs of the death of a member who has retired on an accidental
disability retirement allowance pursuant to this subsection, and whose death
was caused by 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, the State shall pay to the member�s
employer-sponsored health insurance program, or to the widow or widower in the
case of coverage under Part B of the federal Medicare program, the premium or
periodic charges for health benefits coverage of the retiree�s surviving widow
or widower and dependent children. A surviving widow or widower shall
contribute, through the withholding of the contribution from the monthly
retirement allowance, or by any other means determined by the Division of
Pensions and Benefits, toward the cost of the health care benefits coverage in
an amount that shall be determined in accordance with section 39 of P.L.2011,
c.78 (C.52:14-17.28c), by using the percentage applicable to the range within
which the annual retirement allowance received pursuant to this section, and
any future cost of living adjustments thereto, falls.� The amount payable by a widow
or widower under this paragraph shall not be less than 1.5 percent of the
monthly retirement allowance.

����
This paragraph shall not
apply in the case of a dependent who is otherwise eligible for continuation of
coverage, the cost of which is paid in full or in part by the employer, under
section 7 of P.L.1964, c.125 (C.52:14-17.38), or under section 3 of P.L.1983,
c.191 (C.40A:10-34.3), as determined under a binding collective negotiations
agreement in effect at the time of the adoption of this act, P.L.��� , c.���
(pending before the Legislature as this bill).�

(cf: P.L.2025, c.117, s.1)

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

STATEMENT

���� This bill provides certain health
care benefits to surviving dependents of an accidental disability retiree who
participated in 9/11 World Trade Center rescue, recovery, or cleanup operations.
The bill also clarifies the eligibility criteria for recalculating a retiree�s pension
if that person participated in rescue, recovery, or cleanup operations.

���� Under current law, the
surviving spouse of a retiree of the State Police Retirement System (SPRS) may
elect to continue receiving health coverage through the State Health Benefits
Program (SHBP) as long as the spouse was covered by the retiree�s health plan
at the time of death. The surviving spouse is responsible for the cost of the
coverage. The surviving spouse of a member of the Police and Firemen�s
Retirement System (PFRS) or the Public Employees' Retirement System (PERS) is
only eligible for continued coverage pursuant to the Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA) for up to 36 months after the death
of the retiree. This bill provides that a surviving spouse or dependent child
of a member of the SPRS, PFRS, or PERS who was receiving an accidental
disability retirement allowance based upon participation in World Trade Center
rescue, recovery, or cleanup operations, and whose death resulted from a
qualifying condition or impairment of health, is eligible for continued health
care coverage. The bill also provides that the majority of the cost of the
health care coverage would be covered by the State; the surviving spouse would
be responsible to pay a percentage of the cost based upon the amount of
retirement allowance the spouse is receiving. The bill would not apply to any
surviving spouse or dependent child who is already eligible for continued
health care benefits pursuant to a collective bargaining agreement in effect on
the date of enactment of the bill.

���� The bill also clarifies that a
member who participated in World Trade Center rescue, recovery, or cleanup
operations and who subsequently retired on a service retirement or ordinary
disability retirement is eligible to have the retirement recalculated as an
accidental disability retirement, regardless of whether the disability due to
cleanup operations manifested prior or subsequent to the original retirement.
The bill also provides that a retiree may apply for the recalculation within
two years of the effective date of �The Bill Ricci World Trade Center Rescue,
Recovery, and Cleanup Operations Act,� P.L.2019, c.157, July 8, 2019. After
that time, a retiree must apply for the recalculation within 180 days of the
date that the retiree knew or should have known of the existence of the
disability and its relation to the rescue, recovery, or cleanup operations.