Sponsored by:
Senator PAUL A. SARLO
District 36 (Bergen and Passaic)
Senator JOSEPH P. CRYAN
District 20 (Union)
Co-Sponsored by:
Senator Diegnan
SYNOPSIS
Extends accidental death benefit for survivors of certain SPRS retirees.
CURRENT VERSION OF TEXT
As introduced.
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