The “Bill Ricci World Trade Center Rescue, Recovery, and Cleanup Operations Act” was signed into law on July 8, 2019. The law permitted 9/11 first responders who are also public employees (members of the PFRS, SPRS, and some PERS) to apply for accidental disability retirement benefits if they were permanently disabled due to their involvement in 9/11 rescue and recovery efforts. The law contained a provision that in order to be eligible for these benefits, members would have to register within two years of the Ricci Act’s enactment, or by July 8, 2021. It also required all members of PFRS, SPRS, and PERS be notified of the legislation and the requirement to register within two years within 30 days of the law’s passage, or by August 7, 2021.

As more and more of our active and retired first responders become sick with illnesses contracted as a result of their heroic and dedicated service to our country at the September 11th attacks at Ground Zero and the months thereafter, it became apparent that the vast majority had not received the required statutory notice of the Ricci Act. Sick retired New Jersey State Troopers, local law enforcement officers, and firefighters continued to apply for Ricci Act benefits and were repeatedly denied because they had not filled out a registration form by August 7, 2021.

In or about March of 2022, retired New Jersey State Trooper Peter Salvadore contacted the President of the New Jersey State Troopers Fraternal Association, Wayne Blanchard, regarding the Ricci Act registration deadline. Retired Trooper Salvadore sought the STFA’s intervention into this matter to provide wider notice to all Troopers and to assist with ascertaining all who needed to be registered, so that no Trooper was left behind.

I was assigned this class action on behalf of the STFA to notify all active and retired members of SPRS of the Ricci Act and ascertain who needed to be registered for Ricci Act benefits. It became apparent that both active and retired Troopers had not received notice of the Ricci Act, and approximately 100 affidavits and registration forms were compiled and submitted with a joint petition to the State Police Retirement Board to register all active and retired Troopers for Ricci Act benefits. Thirteen retired New Jersey State Troopers were processed and denied, the rest remained in abeyance.

The SPRB denials were appealed to the Appellate Division and in January 2025 the Appellate Division reversed the Board’s decision and remanded the retired Troopers’ cases for a hearing with the Office of Administrative Law. The Appellate Division decision stated:

“We, however, conclude there are sufficient doubts about our ability on this record to fairly evaluate the presumption that properly addressed postcard notices of the Ricci Act mailed to petitioners reached their destination. Therefore, we reverse and remand for a factfinding hearing to determine whether petitioners rebutted the presumption that they received actual notice of the Ricci Act as required by N.J.S.A. 43:15A-43(b)(4).

In sum, this record is insufficient to demonstrate whether the Board provided actual notice of the Ricci Act to these retired Troopers as a matter of law. A factfinding hearing must be held to address petitioners’ contentions and the concerns raised in this opinion. Deciding petitioners’ Ricci Act eligibility based on a full record is consistent with the fact that “pension statutes ‘should be liberally construed and administered in favor of the persons intended to be benefited.'” Francois v. Bd. of Trs., 415 N.J. Super. 335, 349 (App. Div. 2010) (quoting Klumb v. Bd. of Educ. of Manalapan-Englishtown Reg’l High Sch. Dist., 199 N.J. 14, 34 (2009)).

Reversed and remanded.“

In the interim, several local law enforcement officers and firefighters continued to file appeals to PFRS and continued to be denied due to late filing of these registration forms. These appeals also alleged a lack of notice of the Ricci Act and its registration timeline requirements.

The STFA, FMBA, NJSPBA, and other law enforcement and firefighter Unions sought the Legislature’s intervention to correct this injustice. On July 23, 2025, Governor Phil Murphy signed into law amendments that would remove the filing deadline for the registration form in its entirety. The law now states:

A member or retiree shall not be eligible for the presumption or recalculation under this subsection unless the member or retiree files a written and sworn statement with the retirement system on a form provided by the board of trustees thereof indicating the dates and locations of service.

The two-year registration timeframe has been removed from the statute. The amendments signed into law also state that if a member or retiree previously filed a registration form and was denied because they did not file the registration form within the two-year timeframe, the retiree is permitted to petition for reconsideration or submit their previously submitted eligibility registration form to reapply for benefits.

The new law also extended the timeframe to file for amended benefits with the SPRS, PFRS, and PERS from 30 days to 180 days. Applications for Amended Ricci Act benefits now must be filed within 180 days of the date the retiree knew or should have know of their 9/11 disability. The date this timeframe begins is often recognized as the date which the WTC Health Program has certified you as fully disabled due to your 9/11 illness. Receipt of that correspondence from the WTC Health Program would start the clock to file for amended benefits.

Please contact me at the office if you have any questions about Ricci Act eligibility, registration, or applying for amended benefits and if you need any legal assistance with filing your application.

Link to the Ricci Act, as Amended
https://www.njleg.state.nj.us/bill-search/2024/S4402/bill-text?f=S4500&n=4402_R1

Link to Appellate Division Decision
https://www.njcourts.gov/system/files/court-opinions/2025/a0034-23etal.pdf

During the pendency of the above referenced appeal, and prior to the passage of these amendments, two retired New Jersey State Troopers who are parties to this appeal have sadly fallen in the line of duty from their 9/11 illnesses. I ask that they be remembered and honored for their sacrifice and that you keep their families in your prayers.

Retired Trooper Lee Hendrickson
https://www.nj.gov/lps/njsp/memoriam/2020s/hendrickson.shtml

Retired Trooper Peter Bruncati
https://pix11.com/news/local-news/new-jersey/23-years-later-some-nj-ground-zero-responders-still-suffering/

Tags: Accidental Disability, New Jersey Public Pensions, PERS, PFRS, PFRS Retiree Benefits, Retirement, SPRS
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Photo of Lauren Sandy Lauren Sandy

Lauren Sandy, Esq. specializes in the representation of both public sector and private sector labor unions and their members in contract negotiations, disciplinary matters, pension appeals, civil service appeals, and grievances. Specifically, Ms. Sandy has represented police and nurse unions for over 18…

Lauren Sandy, Esq. specializes in the representation of both public sector and private sector labor unions and their members in contract negotiations, disciplinary matters, pension appeals, civil service appeals, and grievances. Specifically, Ms. Sandy has represented police and nurse unions for over 18 years. Ms. Sandy  is dedicated to her law practice managing all aspects of her cases from inception to completion providing zealous representation of her clients both inside and outside of the courtroom. Ms. Sandy does not limit her practice to litigation, she also analyses existing case law and drafts amendments to legislation to assist clients in receiving favorable and fair decisions. She has worked on several amendments to legislation that have made integral changes to pension benefits affecting New Jersey State Troopers.

Ms. Sandy was a recipient of the Union’s Service Award from the State Troopers Fraternal Association, the State Troopers NCO Association, and the State Troopers Superior Officers Association in 2015 for her work preparing a Writ of Certiorari to the Supreme Court of the United States on behalf of New Jersey State Troopers.

In addition, Ms. Sandy received the 2022 Civilian Supporter Award from the State Troopers Fraternal Association for her dedication, commitment, and support of the STFA. She worked extensively on drafting and amending pension legislation for New Jersey State Troopers to convert prior service, in both in-state and out-of-state pension systems, to credible service in the State Police Retirement System. Ms. Sandy also drafted amendments to legislation to afford line of duty death benefits to widows of fallen Troopers who died from 9/11 illnesses. Furthermore, Ms. Sandy drafted legislative amendments that expand accidental disability benefits provided for State Troopers. These new laws have greatly changed the quality of life for Troopers and their families.

Ms. Sandy teaches annual seminars on Weingarten Rights and Grievances to New Jersey State Troopers that serve in the capacity as Station Representatives.  She has also had the honor of speaking at the New Jersey State Policemen’s Benevolent Association’s Collective Bargaining Seminar with respect to Brady/Giglio, Critical Incident Response, and Disciplinary Matters.

Ms. Sandy successfully argued before the New Jersey Supreme Court and the New Jersey Appellate Division on behalf of East Rutherford Policemen’s Benevolent Association 275 granting deference to an arbitrator’s power to interpret contract language. The underlying successful grievance arbitration pertained to a unilateral change in health benefits and was upheld by the State’s highest court. (Borough of East Rutherford v. East Rutherford PBA Local 275, 213 N.J. 190).

Ms. Sandy received her Bachelor of Arts in Political Science from The Pennsylvania State University in 2004 and her Juris Doctorate from Widener University School of Law in 2007.  She worked at a boutique labor law firm for 10 years and then managed her own law firm for over 8 years before having the honor of joining Crivelli, Barbati & DeRose  in 2025.  Ms. Sandy has been licensed to practice law in New Jersey since 2007. She has also been licensed to practice before the Supreme Court of the United States since 2016, and before the United States Federal Court for the District of New Jersey since 2024.

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