N.J. Admin. Code § 17:2-9.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 17:2-9.3 - Eligibility

(a) The event(s) on which an application for accidental disability retirement benefits is based shall be presumed to have occurred during, and as a result, of the performance of a member's regular or assigned duties and not the result of the member's willful negligence, if the member:

1. Participated in World Trade Center rescue, recovery, or cleanup operations for:

i. A minimum of eight hours; or

ii. Less than eight hours, and the member sustained a documented physical injury at the World Trade Center site between September 11, 2001 and September 12, 2001, 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 is a qualifying condition or impairment of health that resulted in a total and permanent disability for which the member seeks a presumption under this subsection;

2. Is totally and permanently disabled by a qualifying condition or impairment of health as a direct result of participation in World Trade Center rescue, recovery, or cleanup operations;

3. Is a member of PERS:

i. Who is or was enrolled in PERS because the member did not meet the age or medical requirements for enrollment in PFRSNJ on the basis of the position held; or

ii. Who is an emergency medical technician;

4. Is enrolled in Tier 1, Tier 2, or Tier 3 of PERS; and

5. Passed a physical examination for entry into public service that failed to disclose evidence of a qualifying condition or impairment of health that formed the basis for the total and permanent disability.

(b) A retiree who retired on a service retirement, early retirement, or an ordinary disability retirement shall be eligible to apply to the board of trustees to have the retiree's retirement allowance recalculated as an accidental disability retirement allowance for benefit payments on or after the application for recalculation, if the retiree:

1. Participated in the World Trade Center rescue, recovery, or cleanup operations for a minimum of eight hours;

2. Is totally and permanently disabled by a qualifying condition or impairment of health as a direct result of participation in World Trade Center rescue, recovery, or cleanup operations;

3. Is a retiree of PERS:

i. Who was enrolled in PERS because the retiree did not meet the age or medical requirements for enrollment in PFRSNJ on the basis of the position held; or

ii. Who is an emergency medical technician;

4. Was enrolled in Tier 1, Tier 2, or Tier 3 of PERS; and

5. Passed a physical examination for entry into public service that failed to disclose evidence of a qualifying condition or impairment of health that formed the basis for the total and permanent disability.

N.J. Admin. Code § 17:2-9.3

Adopted by 53 N.J.R. 82(b), effective 1/4/2021