New Jersey Administrative Code
Title 12 - LABOR AND WORKFORCE DEVELOPMENT
Chapter 235 - RULES OF THE DIVISION OF WORKERS' COMPENSATION
Subchapter 3 - FORMAL CLAIMS
Section 12:235-3.19 - Pension offset; public employees; accidental disability retirement
Universal Citation: NJ Admin Code 12:235-3.19
Current through Register Vol. 56, No. 18, September 16, 2024
(a) When the injury or illness upon which the subject claim before the Division of Workers' Compensation is based is also the basis for a pending accidental disability pension application to a fund administered by the Division of Pensions and Benefits within the Department of the Treasury, including, but not limited to, the Public Employees' Retirement System (PERS), the Police and Firemen's Retirement System (PFRS), and the Teachers' Pension and Annuity Fund (TPAF), the following shall occur:
1. Both
the workers' compensation petitioner and the workers' compensation respondent shall
immediately notify the Division of Pensions and Benefits of the filing of the claim
petition with the Division of Workers' Compensation;
2. Except at (a)3 below, the approval by a Judge
of Compensation of a continuing medical monitoring settlement shall be prohibited
and the workers' compensation claim petition shall result in one of the following
outcomes:
i. The award by a Judge of Compensation
of a monetary judgment after trial;
ii.
The approval by a Judge of Compensation of a settlement agreement reached pursuant
to
N.J.S.A.
34:15-20(Section 20 settlement);
iii. The approval by a Judge of Compensation of a
settlement agreement reached pursuant to
N.J.S.A.
34:15-22(Section 22 settlement);
iv. The dismissal by a Judge of Compensation of
petitioner's claim after trial for failure of petitioner to meet their burden;
or
v. The dismissal by a Judge of
Compensation of petitioner's claim petition pursuant to
N.J.S.A.
34:15-54 for lack of prosecution;
3. Where the workers' compensation
claim petition is for an occupational disease (for example, asbestosis), under
appropriate circumstances based on the facts presented, and when not used in a way
to avoid a pension offset, a Judge of Compensation may approve a continuing medical
monitoring settlement; and
4. Upon a
Judge of Compensation granting a judgment, approving a settlement award, or
dismissing petitioner's claim before the Division of Workers' Compensation, both the
workers' compensation petitioner and the workers' compensation respondent shall
immediately provide a copy of the award, order approving settlement, or order of
dismissal, as the case may be, to the Division of Pensions and Benefits, within the
Department of the Treasury.
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