New Jersey Administrative Code
Section 17:2-10.3 - Eligibility

Universal Citation: NJ Admin Code 17:2-10.3

Current through Register Vol. 55, No. 48, December 18, 2023

(a) For purposes of subsection a of section 10 at P.L. 1965, c. 89 (N.J.S.A. 53:5A-10), permanent and total disability shall be deemed to have occurred as a direct result of a traumatic event occurring during and as a result of the performance of regular or assigned duties if:

1. The member contracts COVID-19 during the public health emergency, as defined at N.J.A.C. 17:2-10.2;

2. The member is permanently and totally disabled as a result of COVID-19;

3. The member's regular or assigned duties required the member to interact with the public, or to directly supervise other personnel so interacting with the public, on any date during the public health emergency; and

4. The member interacted with the public or directly supervised personnel that interacted with the public within 14 calendar days prior to the appearance of symptoms consistent with COVID-19, confirmed, in writing, by a licensed health care provider on a form approved by the Board of Trustees and also confirmed by a positive test result for SARS-CoV-2.

(b) A member who retired during the public health emergency, as defined at N.J.A.C. 17:2-10.2, shall be eligible to apply for a retirement allowance pursuant to this subchapter, and, if approved, the retirement allowance approved pursuant to this subchapter shall be made retroactive to the date of the initial retirement date.

(c) This section shall not apply to any member who had retired and subsequently returned to employment pursuant to Executive Order No. 115 (2020) or any other Executive Order similarly permitting a retired member to return to employment without reenrollment to assist during the public health emergency and state of emergency.

(d) New onset diseases and chronic psychological diseases resulting from prior exposure to, and recovery from, COVID-19 shall not be deemed a permanent and total disability resulting from COVID-19.

Adopted by 55 N.J.R. 749(a), effective 4/17/2023

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