Current through Register Vol. 56, No. 18, September 16, 2024
(a) A child born
of unmarried parents may be entitled to RSDI benefits based on the earnings
record of the birth mother or birth father subject to the conditions and proofs
in this section.
(b) In New Jersey,
a child born of unmarried parents has the requisite status for entitlement to
RSDI benefits based upon the earnings record of the birth mother without
meeting any special requirements beyond proof of the relationship.
(c) In New Jersey, a child born of unmarried
parents may be entitled to RSDI benefits based upon the earnings record of the
birth father under any of the following circumstances:
1. When the wage earner is the birth father
and marries the mother;
2. When the
wage earner has acknowledged in writing that the child is his. The
acknowledgment need not be in any special form, but must identify the child in
question and further identify such child as his own. Examples of an acceptable
written statement include income tax return, a serviceman's application for
allotment, a will, an application for insurance, or a letter:
i. The written statement should be signed by
the wage earner, but an unsigned statement may have value if there is evidence
that it was prepared by the wage earner;
3. When the wage earner has been determined
to be the father under the provisions of N.J.S.A. 9:16-1 et seq. or 9:17-1 et
seq., or he has been ordered to contribute to the support of the child on the
basis of a determination that such child is his, at a point in time which is:
i. Not less than one year before the time he
became entitled to retirement benefits or attained age 65, whichever is
earlier;
ii. Before the beginning
of his most recent period of disability on which his claim for disability
benefits is based; or
iii. Before
his death;
4. The
adjudication of paternity or order of support must identify the child in
question and further identify such child as the son or daughter of the wage
earner. The amount directed to be paid for the support of the child, or whether
support payments are actually made, is immaterial; or
5. When there is satisfactory evidence of
paternity and the birth father was living with or contributing to the support
of the child as of the time:
i. The birth
father became entitled to retirement benefits or attained age 65, whichever is
earlier;
ii. The birth father's
most recent period of disability began; or
iii. The birth father died.
(d) Under the
conditions of this section, "satisfactory evidence of paternity" is the
existence of a written acknowledgment, an adjudication of paternity or an order
of support regardless of the time the action occurred.
