New Jersey Public Safety Officers Law Blog : New Jersey Public Safety Employee Lawyer & Attorney : Pellettieri, Rabstein & Altman Law Firm : Workers Compensation, Discipline Representation for Police & Firefighters : New Jersey

Should a final determination of the discipline not be rendered within those 180 days, the proposal states that the officer shall, commencing on the 181^st calendar day, begin to receive the base salary he/she was being paid at the time of the suspension and shall continue to do so until a final determination on the termination is rendered. Simply put, this addition to the statute would allow officers who are suspended without pay to begin collecting their base pay once again if the appeal of their termination is not resolved within 180 days. It goes without saying that this addition helps to alleviate the problem many officers find themselves in currently, namely being economically starved for an extended amount of time while trying to challenge their removal from employment.    

The proposal also instructs how the 180 day period should be calculated. While the 180 day period seems to be a favorable time period for the officers, it is important to note that this time period might be significantly extended and keep an officer without pay for a period much larger than 180 days. For example, time periods such as: (1) the period between an officer’s termination and the date on which his/her appeal is filed; and (2) the days that accrue during a postponement, should an officer have requested one, will not toll the 180 day period. Therefore, it is imperative that New Jersey public safety officers become intimately familiar with the events which can extend the 180 day time frame should this bill be accepted into law. That way, the officers can maximize their resources efficiently so as to ensure the time frame without pay remains as close to the 180 days as possible.

Next, it is important to note that if the Civil Service Commission denies the officer’s appeal, the officer will be required to reimburse his employing agency or department all of the base salary received during the period of the appeal. Put another way, if an officer has been receiving his base salary after the 180 day period expired and he/she ultimately loses, the officer has to pay all the monies he or she has received. Moreover, the proposal provides that if an officer fails to reimburse the employing agency for the payments, the employing agency may obtain a lien for those amounts on any property and income of the officer, including the officer’s pension, sick and vacation leave to which the officer is entitled.

Finally, the bill directs the Director of the Office of Administrative Law to establish a special unit, known as the Law Enforcement and Firefighter Unit, to deal with removal cases. The unit will be made up of Administrative Law Judges who are qualified and experienced in disciplinary matters and cases which fall under the purview of this statute. As a result of the establishment of this unit, the Office of Administrative Law will be better able to adhere to the 180 day time frame which will, potentially, result in quicker resolutions than what is currently being experienced for all parties involved.

Based on our review of these proposals, I am of the opinion that while many of the proposals are favorable to New Jersey public safety officers, the benefits are somewhat misleading. I believe the Legislature in: (1) installing a deadline for resolving cases regarding the termination of an officer; (2) allowing the officer to regain pay status when appeals are not resolved within that deadline; and (3) establishing the Law Enforcement and Firefighter Unit addresses a number of important concerns, namely forcing these types of cases to be resolved in an expedited fashion and allowing officers certain financial alleviation should an appeal persist for an extended amount of time.

However, (1) the various ways in which the 180 day deadline could be significantly extended; (2) the provision providing reimbursement to the employment agency in the event the appeal is unsuccessful; and (3) permitting a lien on an officer’s property to include his/her pension, severely undermines many of the advantages of the bill. Therefore, it is important that, if this bill passes, officers are mindful of what it specifically includes, excludes, and requires by way of affirmative action on the part of the member or association. Our office will keep apprised of the bill’s progression through the Legislature so make sure to check this blog periodically to ascertain any updates.

not subject to New Jersey state income tax until the employee reached the age of 65.

State Police Retirement System

In accordance with the State Police Retirement System (“SPRS”) handbook, in order to qualify for an ordinary disability retirement, an employee must:

·         Be a member in service at the time the application is filed with the Division of Pension and Benefits (an official leave of absence is considered in service);

·         Be under age 55 and have four or more years of service credit as a State Trooper;

·         Be considered totally and permanently disabled; and

·         Submit medical reports certifying the disability.

Should an employee qualify for ordinary disability retirement, the annual benefit is equal to 40% of your final compensation or 1.5% percent of your final compensation for each year of service credit, whichever is higher. 

An employee’s approval for workers’ compensation or Social Security has no bearing on his/her application for disability retirement from theSPRS .

In order to qualify for accidental disability retirement, the employee must:

·         Be enrolled in the SPRS on or before the date of the “traumatic event”;

·         Be a member in service at the time the application is filed with the Division of Pensions and Benefits (an official leave of absence is considered in service);

·         Be considered totally and permanently disabled as a result of a “traumatic event” that happened during and as a direct result of carrying out the member’s regular or assigned job duties;

·         Show that the disability was not a result of the member’s willful negligence;

·         File an application within five (5) years of the date of the “traumatic event”; and

·         Be examined by physicians selected by the retirement system.

If an employee qualifies for an accidental disability retirement, the annual benefit is equal to 2/3 of the member’s final compensation.

Should the public employee be receiving periodic workers’ compensation benefits, the accidental disability retirement benefits will be reduced dollar for dollar by the periodic benefits paid after the retirement date. However, the retirement benefit is not reduced by any Social Security or private insurance benefits that may be payable.

Judicial Retirement System

Unlike the other pension systems, the Judicial Retirement System (“JRS”) does not distinguish between accidental and ordinary disability retirement benefits. The JRS only provides disability retirement benefits is the following criteria is met:

·         The employee is physically or otherwise incapacitated for full and efficient service to the State in a judicial capacity as determined by three (3) physicians appointed by the Governor; and

·         The individual’s disability is certified by the Supreme Court and approved by the Governor.

If a JRS member is certified as disabled, they will receive disability retirement benefits calculated at 75% of their final salary. Moreover, approval for workers’ compensation or Social Security disability benefits has no bearing on a member’s application for JRS disability retirement.