N.J. Admin. Code § 12:21-1.6

Current through Register Vol. 57, No. 1, January 6, 2025

Section 12:21-1.6 - Payment of benefits

(a) The Division (for State plan and family leave insurance benefits during unemployment) or the insurer (for private plan), shall make all family leave insurance benefit checks payable to the claimant, except under the following circumstances:

1. As prescribed under N.J.S.A. 43:21-42(b), relative to the payment of benefits due a deceased claimant; or

2. As prescribed under N.J.S.A. 43:21-42(c), relative to the payment of benefits due a minor.

(b) The Division (for State plan and family leave insurance benefits during unemployment) or the insurer (for private plan), shall deliver all family leave insurance benefit checks directly to the claimant, except under the circumstances set forth in (c) below.

(c) The Division (for State plan and family leave insurance during unemployment) or the insurer (for private plan), may deliver family leave insurance benefit checks to the employer, which family leave insurance benefit checks shall have been made payable to the claimant pursuant to (a) above, only when all of the following conditions have been met:

1. The employer has advanced moneys to the claimant in an amount equal to or in excess of the family leave insurance benefits to which the claimant is entitled under the State or private plan; and

2. The claimant has knowingly and voluntarily signed a written agreement authorizing the delivery of his or her family leave insurance benefit check to the employer.

N.J. Admin. Code § 12:21-1.6