Current through Register Vol. 56, No. 18, September 16, 2024
(a) A
member or retiree must file a written and sworn Eligibility Registration Form
with the retirement system indicating the dates, locations of service, and
number of hours of participation in World Trade Center rescue, recovery, or
cleanup operations by July 8, 2021, to qualify for the presumption or
recalculation pursuant to N.J.A.C 17:4-8.3. If a retiree files an application
for recalculation, pursuant to N.J.A.C. 17:4-8.3(b)before July 8, 2021, the
application shall serve as the Eligibility Registration form. The filing of
this form, and the information required on it, allows eligible PFRS members or
retirees the right to file for an Accidental Disability Retirement should they
become disabled at a later date due to participation in the rescue, recovery,
or cleanup operations at the WTC site.
(b) A retiree seeking recalculation of a
retirement allowance pursuant to N.J.A.C. 17:4-8.3(b)shall take the steps
required under this subsection.
1. A member or
retiree must file an application for recalculation, on a form prescribed by the
Board, within 30 days of the date that the member knew, or should have known,
of the existence of a total and permanent disability caused by a qualifying
condition or impairment of health and its relation to World Trade Center
rescue, recovery, or cleanup operations. Retirees who knew, or should have
known, of the existence of a total and permanent disability caused by a
qualifying condition or impairment of health and its relation to World Trade
Center rescue, recovery, or cleanup operations before July 8, 2019, must file
an application for recalculation, on a form prescribed by the Division, within
30 days from the date members and retirees are notified of the enactment of
P.L.
2019, c. 157.
2. A member or retiree with an Eligibility
Registration Form on file with the Division must file an application with the
prospective date of retirement pursuant to
N.J.A.C.
17:5-5.1.
3. A member or retiree who applies for
accidental disability retirement must have a medical examination, pursuant to
N.J.S.A.
43:16A-7.
4. If a member or retiree who is enrolled in
the World Trade Center Health Program provides medical documentation for
treatment provided, or paid, by the World Trade Center Health Program
sufficient to allow the Medical Review Board to certify that the member or
retiree is totally and permanently disabled by a qualifying condition or
impairment of health as a direct result of participation in World Trade Center
rescue, recovery, or cleanup operations, then no further evaluation is
necessary. If the medical documentation is not sufficient to establish a total
and permanent disability caused by a qualifying condition or impairment of
health as a direct result of participation in World Trade Center rescue,
recovery, or cleanup operations after review by the Medical Review Board, then
an independent medical examination shall be required.
