N.J. Admin. Code § 17:4-8.4

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

Section 17:4-8.4 - Filing requirements

(a) A member or retiree must file a written and sworn Eligibility Registration Form with the retirement system indicating the dates, locations of service, and number of hours of participation in World Trade Center rescue, recovery, or cleanup operations by July 8, 2021, to qualify for the presumption or recalculation pursuant to N.J.A.C 17:4-8.3. If a retiree files an application for recalculation, pursuant to N.J.A.C. 17:4-8.3(b)before July 8, 2021, the application shall serve as the Eligibility Registration form. The filing of this form, and the information required on it, allows eligible PFRS members or retirees the right to file for an Accidental Disability Retirement should they become disabled at a later date due to participation in the rescue, recovery, or cleanup operations at the WTC site.

(b) A retiree seeking recalculation of a retirement allowance pursuant to N.J.A.C. 17:4-8.3(b)shall take the steps required under this subsection.

1. A member or retiree must file an application for recalculation, on a form prescribed by the Board, within 30 days of the date that the member knew, or should have known, of the existence of a total and permanent disability caused by a qualifying condition or impairment of health and its relation to World Trade Center rescue, recovery, or cleanup operations. Retirees who knew, or should have known, of the existence of a total and permanent disability caused by a qualifying condition or impairment of health and its relation to World Trade Center rescue, recovery, or cleanup operations before July 8, 2019, must file an application for recalculation, on a form prescribed by the Division, within 30 days from the date members and retirees are notified of the enactment of P.L. 2019, c. 157.

2. A member or retiree with an Eligibility Registration Form on file with the Division must file an application with the prospective date of retirement pursuant to N.J.A.C. 17:5-5.1.

3. A member or retiree who applies for accidental disability retirement must have a medical examination, pursuant to N.J.S.A. 43:16A-7.

4. If a member or retiree who is enrolled in the World Trade Center Health Program provides medical documentation for treatment provided, or paid, by the World Trade Center Health Program sufficient to allow the Medical Review Board to certify that the member or retiree 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, then no further evaluation is necessary. If the medical documentation is not sufficient to establish a total and permanent disability caused by a qualifying condition or impairment of health as a direct result of participation in World Trade Center rescue, recovery, or cleanup operations after review by the Medical Review Board, then an independent medical examination shall be required.

N.J. Admin. Code § 17:4-8.4

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