N.J. Admin. Code § 17:4-8.3

Current through Register Vol. 56, No. 12, June 17, 2024

Section 17:4-8.3 - Eligibility

(a) The event(s) on which an application for accidental disability 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 a member's willful negligence, if the member is:

1. 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;

2. 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; and

3. Either under (a)3i or ii below, the member 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.

(b) A retiree who retired on a service retirement, special 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;

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. 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; and

4. Filed an application for such recalculation within 30 days of the date that the retiree knew, or should have known, of the existence of such disability and its relation to the World Trade Center rescue, recovery, or cleanup operations.

N.J. Admin. Code § 17:4-8.3

Adopted by 52 N.J.R. 1619(a), effective 8/17/2020