New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 4 - POLICE AND FIREMEN'S RETIREMENT SYSTEM
Subchapter 6 - RETIREMENT
Section 17:4-6.5 - Willful negligence
Universal Citation: NJ Admin Code 17:4-6.5
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Willful negligence is defined as follows:
1.
Deliberate act or deliberate failure to act; or
2. Such conduct as evidences reckless
indifference to safety; or
3.
Intoxication, operating as the proximate cause of injury.
CASE NOTES
Initial Decision (2008 N.J. AGEN LEXIS 341) adopted, which concluded that a police officer's failure to properly utilize both straps on his 120-pound backpack was ordinary negligence rather than willful negligence; however, the injury that resulted from this failure was reasonably foreseeable and not caused by a traumatic event, and thus the officer was ineligible for accidental disability retirement benefits. In re Doran, OAL Dkt. No. TYP 11562-07, 2008 N.J. AGEN LEXIS 692, Final Decision (May 13, 2008).
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