N.J. Admin. Code § 17:10-5.10

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:10-5.10 - Disability retirement process; medical examinations; physicians

(a) Members may file for a disability retirement if they become totally and permanently disabled from their job duties. The process is as follows:

1. A member in service requesting medical disability retirement pursuant to N.J.S.A. 43:6A-12, must write to the Chief Justice, copying the Administrative Director and the Assignment Judge, and submit all the medical information available relative to his or her disability, including reports of their personal physician and consulting physicians, hospital records, and diagnostic test results. All medical reports must be complete and specific and should address the medical disability criteria set forth at N.J.S.A. 43:6A-12. To be eligible, an applicant must be a member in service. A member in service means that:

i. The member or employer was making contributions to the retirement system at the time of the request for medical disability; or

ii. The member was on an approved leave of absence, paid or unpaid, at the time of the request and has not resigned;

2. The Chief Justice takes the request to the Supreme Court for review and certification;

3. If the Supreme Court certifies the disability, the certification is transmitted to the Governor by the Chief Justice, along with the disability request and medical information;

4. The Governor presents the claim for review and certification by three physicians, who then examine the member and then report back their findings. Where the statute prescribes that a physician be designated by the Judicial Retirement System to perform a medical examination, such physician shall be selected from the current membership directory of the Medical Society of New Jersey and the New Jersey Association of Osteopathic Physicians and Surgeons; however, in the cases of those members whose personal physician has identified them as having a probable abbreviated life expectancy, such "imminent death" cases may be processed without the necessity of an examination by a physician designated by the retirement system if corroborating medical evidence of the diagnosis can be obtained;

5. The Governor notifies the Chief Justice of the determination. The Chief Justice notifies the Administrative Director, who in turn notifies the member; and

6. The member files an application for disability retirement identifying a date of retirement with the Division of Pensions and Benefits. The retirement cannot become effective until one month following the date of the application with the retirement system.

N.J. Admin. Code § 17:10-5.10

As amended, R.1976 d.304, eff. 9/30/1976.
See: 8 New Jersey Register 86(a), 8 New Jersey Register 538(c).
As amended, R.1978 d.184, eff. 5/31/1978.
See: 9 New Jersey Register 387(a), 10 New Jersey Register 305(b).
As amended, R.1982 d.342, eff. 10/18/1982.
See: 14 New Jersey Register 140(a), 14 New Jersey Register 1165(c).
Clarification of treatment in cases of "imminent death".
Amended by R.2003 d.296, effective 7/21/2003.
See: 35 New Jersey Register 388(a), 35 New Jersey Register 3381(a).
Inserted "Judicial Retirement System" for "fund".

Amended by 53 N.J.R. 1016(a), effective 6/7/2021