53:5A-10.2 Denied member, accidental disability retirement allowance, reconsideration.
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/nj/title-53/chapter-5a/53-5a-10-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
2. a. A member who was denied an accidental disability retirement allowance between January 1, 2012 and December 31, 2019 solely on the basis that the Board of Trustees determined that the member had a preexisting and asymptomatic condition may apply to the Board of Trustees for reconsideration. Applications for reconsideration pursuant to this section shall be filed within 30 days of the effective date of P.L.2022, c.77 (C.53:5A-10.2 et al.) and such applications shall not be subject to the five-year filing period so long as the initial application for an accidental disability retirement was timely filed.
b. Upon approval of an application for reconsideration, the member shall prospectively receive the benefit payments of an accidental disability retirement allowance. The benefit payments shall apply only for payments made after approval of an application for reconsideration by the Board of Trustees pursuant to this section. No member shall be granted a retroactive payment based upon the difference between the benefit the person would have received if an accidental disability retirement allowance were granted at the time of the member's initial application and the benefit that the member has received from that date to the approval of the application for reconsideration.
L.2022, c.77, s.2.