New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 10 - JUDICIAL RETIREMENT SYSTEM
Subchapter 5 - RETIREMENTS
Section 17:10-5.10 - Disability retirement process; medical examinations; physicians
Universal Citation: NJ Admin Code 17:10-5.10
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Members may file for a disability retirement if they become totally and permanently disabled from their job duties. The process is as follows:
1. A member in service requesting medical
disability retirement pursuant to
N.J.S.A.
43:6A-12, must write to the Chief Justice,
copying the Administrative Director and the Assignment Judge, and submit all
the medical information available relative to his or her disability, including
reports of their personal physician and consulting physicians, hospital
records, and diagnostic test results. All medical reports must be complete and
specific and should address the medical disability criteria set forth at
N.J.S.A.
43:6A-12. To be eligible, an applicant must
be a member in service. A member in service means that:
i. The member or employer was making
contributions to the retirement system at the time of the request for medical
disability; or
ii. The member was
on an approved leave of absence, paid or unpaid, at the time of the request and
has not resigned;
2. The
Chief Justice takes the request to the Supreme Court for review and
certification;
3. If the Supreme
Court certifies the disability, the certification is transmitted to the
Governor by the Chief Justice, along with the disability request and medical
information;
4. The Governor
presents the claim for review and certification by three physicians, who then
examine the member and then report back their findings. Where the statute
prescribes that a physician be designated by the Judicial Retirement System to
perform a medical examination, such physician shall be selected from the
current membership directory of the Medical Society of New Jersey and the New
Jersey Association of Osteopathic Physicians and Surgeons; however, in the
cases of those members whose personal physician has identified them as having a
probable abbreviated life expectancy, such "imminent death" cases may be
processed without the necessity of an examination by a physician designated by
the retirement system if corroborating medical evidence of the diagnosis can be
obtained;
5. The Governor notifies
the Chief Justice of the determination. The Chief Justice notifies the
Administrative Director, who in turn notifies the member; and
6. The member files an application for
disability retirement identifying a date of retirement with the Division of
Pensions and Benefits. The retirement cannot become effective until one month
following the date of the application with the retirement
system.
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