N.J. Admin. Code § 17:5-5.7

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

Section 17:5-5.7 - Disability determination

(a) A member, 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 in service at the time of filing the application for a disability retirement allowance. A member in service means that the member or the employer was making pension contributions to the retirement system at the time of filing the application for a disability retirement allowance. It may also mean that the member was on an approved leave of absence, paid or unpaid, or suspension, paid or unpaid, at the time of filing the application for a disability retirement allowance, and it has not been more than the time frames permitted by 53:5A-15.1 for active membership since the member's last contribution to the retirement system. If the member had pending litigation for wrongful termination filed against the employer, the member has 30 days from the date the litigation is resolved to file for disability retirement in order to be considered a "member in service";

2. The member is physically or mentally incapacitated for the performance of duty and such incapacity is likely to be permanent;

3. The member is not eligible for accidental disability; 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the Board approves a member for a disability retirement allowance, the member's retirement application shall not be withdrawn, canceled or amended.

N.J. Admin. Code § 17:5-5.7

Amended by R.2001 d.128, effective 4/16/2001.
See: 33 New Jersey Register 204(a), 33 New Jersey Register 1205(a).
In (a), substituted "the member's" for "his" in the introductory paragraph, and rewrote 1 and 3.
Amended by R.2005 d.206, effective 7/5/2005.
See: 37 New Jersey Register 396(a), 37 New Jersey Register 2554(c).
In (a), rewrote 1; added (b).