N.J. Admin. Code § 17:3-6.7

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

Section 17:3-6.7 - Disability determination

(a) A member enrolled in the Fund before May 21, 2010, for whom an application for accidental disability retirement allowance has been filed by the member, by the member's employer, or by one acting in behalf of the member, will be retired on an ordinary disability retirement allowance, if the Board finds that:

1. The applicant was considered a member at the time of filing the application for a disability retirement allowance or is covered by the provisions of 17:3-6.1 5;

2. The member is physically or mentally incapacitated for the performance of duty at the time the member terminates employment and should be retired; and

3. The member is not eligible for accidental disability since the incapacity is not a direct result of a traumatic event occurring during and as a result of the performance of the member's regular or assigned duties; and

4. The member meets the service requirement for ordinary disability.

(b) Once the Board approves a member for a disability retirement allowance, the member's retirement application shall not be withdrawn or canceled, or amended to a later retirement date than the date specified in the approved retirement application.

(c) The receipt of a disability pension is conditioned on a member's honorable service. Full or partial forfeiture of disability-retirement benefits may be imposed by the Board when appropriate, as provided in N.J.A.C. 17:1-6.

N.J. Admin. Code § 17:3-6.7

Amended by 47 N.J.R. 2876(a), effective 11/16/2015