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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev. 02/05
STATE OF NEW JERSEY
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the Bureau of Vital Statistics, CN 370,
Trenton, NJ 08625, phone (609) 292-4087.
STATE DEATH BENEFITS
No one-time state death benefit is currently available.
STATE PENSION BENEFITS
Generally, death and disability benefits for law enforcement officers in New Jersey are funded by the
pension system to which the officer belongs. Most state, county, and municipal law enforcement officers
are members of the Police and Firemen's Retirement System. Some state, county and municipal law
enforcement officers are members of the Public Employees' Retirement System. State troopers belong to
the State Police Retirement System. All three pension systems are administered by the Division of
Pensions in the Department of the Treasury. The total amount of benefits will depend on the officer's
salary at the time of death or disability. Health benefits are the subject of collective bargaining between
the officer and his/her employer.
N.J.S.A. 43:16A-9 and 10 apply to full-time law enforcement officers who are members of the Police
and Firemen's Retirement System. Death in service; allowance to beneficiary; death benefits; death
within or after 30 days of retirement.
(1) Upon receipt of proper proof of the death of a member in active
service on account of which no accidental death benefit is
payable there shall be paid to such member's beneficiary:
(a) The member's aggregate contribution at the time of death
and
(b) An amount equal to 3 times the compensation upon
which contributions by the member to the annuity savings
fund were based in the last year of creditable service.
43:16A-10. Accidental death benefit; report; benefits payable.
1. Upon the death of a member in active service as a result of an accident met in the actual
performance of duty at some definite time and place, and such death was not the result of
the member's willful negligence, and accidental death benefit shall be payable if a report
of the accident is filed in the office of the retirement system within 60 days next
following the accident, but the board of trustees may waive such time limit, for a
reasonable period, if in the judgment of the board the circumstances warrant such action.
No such application shall be valid or acted upon unless it is filed in the office of the
retirement system within five years of the date of such death.
2. Upon the receipt of proper proofs of the death of a member on account of which an
accidental death benefit is payable, there shall be paid to his/her widow(er) a pension of
70% of the compensation, upon which contributions by the member to the annuity
savings fund were based in the last year of creditable service, for the use of herself or
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himself and the children of the deceased member; if there is no surviving widow or
widower or in case the widow or widower dies, 20% of such compensation will be
payable to one surviving child, 35% of such compensation to two surviving children in
equal shares and if there be three or more children, 50% of such compensation will be
payable to such children in equal shares. Note: the surviving widows and widowers
collecting from the Public Employees' Retirement System collect their pension until death
or remarriage.
3. If there is no surviving widow, widower or child, 25% of the compensation upon which
contributions by the member to the annuity savings fund were based in the last year of
creditable service, will be payable to one surviving dependent parent or 40% of such
compensation will be payable to two surviving parents in equal shares.
4. In the event of accidental death occurring in the first year of creditable service, the
benefits, payable pursuant to this subsection, shall be computed at the annual rate of
compensation.
5. If there is no surviving widow, widower, child or dependent parent, there shall be
paid to any other beneficiary of the deceased member, his aggregate contributions at the
time of death.
6. In no case shall the death benefit provided in subsection (2) be less than that provided
under subsection (3).
7. In addition to the foregoing benefits payable under subsection (2) or (3), there shall also
be paid in one sum to such beneficiary, if living, as the member shall have nominated by
written designation duly executed and filed with the retirement system, otherwise to the
executor or administrator of the member's estate, an amount equal to 3 1/2 times the
compensation upon which contribution by the member to the annuity savings fund were
based in the last year of creditable service.
8. In addition to the foregoing benefits, the State shall pay to the member's employersponsored
health insurance program all health insurance premiums for the coverage of
the member's surviving widow or widower and dependent children.
Death benefits if no accidental death benefit payable.
1. Upon the receipt of proper proofs of the death in active service of a member of the
retirement system on account of which no accidental death benefit is payable, there shall
be paid to the surviving spouse a pension of 50% of final compensation for the use of that
spouse and children of the deceased, to continue for so long as the person qualifies as a
"surviving spouse" for the purposes of this act; if there is no surviving spouse or in case
the spouse dies or remarries, 20% of final compensation will be payable to one
surviving child, 35% of final compensation to two surviving children in equal shares
and if there be three or more children, 50% of final compensation will be payable to
such children in equal shares.
2. In the event of death occurring in the first year of creditable service, the benefits,
payable pursuant to this subsection, shall be computed at the annual rate of
compensation.
3. If there is no surviving spouse or child, 25% of final compensation will be payable to
one surviving parent or 40% of final compensation will be payable to two surviving
parents in equal shares.
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4. If there is no surviving spouse, child or parent, there shall be paid to any other beneficiary
of the deceased member his aggregate contributions at the time of death.
Line of duty death pensions do not need to be reported as income with annual tax returns; this
income is considered tax exempt. Check with your accountant.
EDUCATION BENEFITS
18A:71-77
Any child or surviving spouse of a member or officer of a New Jersey volunteer fire company, volunteer
first aid or rescue squad or municipal fire, police, county police, park police department, State Fire Service,
or of the Division of State Police, or of a permanent, active and full-time officer employee of the state of
New Jersey, upon such child or surviving spouse being accepted to pursue a course of undergraduate study
in any public institution of higher education of this State, as enumerated in N.J.S. 18A:62- 1, shall, while
enrolled as an undergraduate student in good standing at such college, have his tuition paid by the State;
or upon that child or surviving spouse being accepted to pursue a course of undergraduate study at any
independent college or university located in the State, shall, while enrolled as an undergraduate student in
good standing at that college or university, have that part of his tuition which is not more than the highest
tuition charged at the public institutions of higher education of this State, enumerated in N.J.S. 18A:62-1,
paid by the state. Other than natural children must be legally adopted by the officer to qualify for this
benefit.
Eligibility for this program shall be limited to a period of 8 years from the date of death of the member,
officer or worker, in the case of a surviving spouse, and 8 years following graduation from high school
in the case of a child, pursuant to Rules and Regulations established by the Student Assistance Board.
Contact the State of New Jersey, Department of Law and Public Safety, Division of Criminal Justice,
Richard J. Hughes Justice Complex, 25 Market Street, Trenton, NJ 08625-0085, (609) 984-6500.
HEALTH BENEFITS
Premiums are paid by the State for coverage of the member’s surviving spouse and surviving children
under the Police and Firemen's Retirement System or the State Police Retirement System. Actual health
benefits depend on the department's health plan. The Public Employees' Retirement System offers NO
health benefits for survivors. Check with your agency's Benefits Assistance Officer.
WORKERS' COMPENSATION
Workers' Compensation coverage is elective for employers in New Jersey, though no employer has elected
to be out from under the workers' compensation statute.
The employer is obligated to pay medical expenses and compensation for disability or death. The
payment of indemnity is designated to take the place of wages (wage replacement) but, in no case will it
equal or exceed the amount of wages the claimant received while working. The statute provides for
payment of 70% of the employee's wage for one or more dependents.
Compensation for death - When an injured employee dies as a result of a work related accident, the
dependents are entitled to receive a benefit of (1) $3,500 towards the cost of burial; (2) payments of the
compensation benefits set forth in the statute to persons defined as dependents. Dependent by definition
includes any or all of the following: husband, wife, parents, stepparents, grandparents, children,
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stepchildren, legally adopted children, illegitimate children, brothers, sisters, half brothers, half sisters,
nieces and nephews. Supplemental benefits for death are subject to Social Security, black lung, or
disability pension benefit offsets.
Should the surviving spouse of a deceased employee remarry during such period and before the total
compensation is paid, the spouse shall be entitled to receive the remainder of the compensation which
would have been due the spouse had the spouse not remarried, or 100 times the amount of weekly
compensation paid immediately preceding the remarriage, whichever is the lesser. If the spouse does not
remarry, this benefit will continue until death. Worker's Compensation benefits are considered nontaxable
income. Children receive benefits until age 18 or beyond age 18 if disabled.
Contact the Division of Workers' Compensation, New Jersey Department of Labor, CN 381,
Trenton, NJ 08625-0381, telephone (609) 292-2414.
PERSONAL LIFE POLICIES
Real and personal estate not effectively disposed of by will passes to heirs under certain circumstances.
Debt owed by heir to decedent charged only against intestate share of heir or heir's issue.
Intestate share of surviving spouse is: (1) If no surviving issue or parent, entire intestate estate; (2) if no
surviving issue but surviving parent, first $50,000 plus 1/2 of intestate estate balance; (3) if surviving issue
who are all issue of surviving spouse, first $50,000 plus 1/2 of intestate estate balance; (4) if surviving issue
who are not all issue of surviving spouse, 1/2 of intestate estate.
Part of intestate estate not passing to surviving spouse or entire intestate estate if no surviving spouse
passes: (1) To issue of decedent, (2) if no surviving issue, to parents equally; (3) if no surviving issue,
parent or issue of parent, but surviving grandparents; (a) one half each to surviving paternal and maternal
grandparent and deceased, (b) one half to surviving grandparents and one half to surviving issue of
deceased grandparents by representation, (4) if only maternal or paternal grandparents survive and no issue
of deceased grandparents survive, entire intestate estate equally to surviving grandparents; (5) if no
surviving issue, parent, issue of parent or grandparent, to surviving issue of grandparent (same degree take
equally, more remote degree take by representation.
Person must survive decedent by 120 hours to inherit unless intestate estate would otherwise escheat to
State of New Jersey.
Surviving spouse not provided for in will executed after August 31, 1978, before marriage receives
intestate share unless omission from will was intentional or provision was made outside of will in lieu of
testamentary provision.
Surviving child not provided for in will executed after August 1, 1978, before marriage receives intestate
share unless omission from will was intentional or provision was made outside of will in lieu of
testamentary provision.
Surviving child not provided for in will executed prior to child's birth or adoption receives intestate
share unless: (1) Omission from will was intentional; (2) other children alive when will executed and estate
devised to other parent of omitted child (3) provision for child outside will in lieu of testamentary
provision. Living child omitted because believed dead receives intestate share.
Surviving spouse takes as indicated above. Effective May 28, 1990, dower and curtesy are abolished as to
real property acquired subsequent to that date.
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ADDITIONAL BENEFITS
Peer Support
Established in 1984, Concerns of Police Survivors, Inc. (COPS), is a national, non-profit organization
that works with law enforcement agencies, police organizations, mental health professional, and local peersupport
organizations to provide assistance to surviving families of law enforcement officers killed in the
line of duty. COPS has become a "lifeline" to police survivors nationwide.
Survivors of New Jersey State Troopers can contact: Mrs. Michelle Carroll, President, Survivors of the
Triangle, 3 Bessie Court, Perrinville, NJ 08535, (732)-446-1642, email njspsottcops@aol.com.
Survivors of county and municipal officers can contact: Ms. Lisa Vogel, President, Garden State
Survivors, 235 Hazel Avenue, Garwood, NJ 07027, (908) 389-9559, email:
gssnjcops@gardenstatecops.com, web site: www.GardenStateCOPS.com.
200 Clubs
200 Clubs function in most counties of New Jersey. These groups, composed mostly of business people in
the county, provide interim financial aid for the surviving family . Members of these organizations usually
wish to remain anonymous, but a representative will be in contact with the family within 48-72 hours of a
line-of-duty death. To see if there is a 200 Club in your county, you can contact Mrs. Madeline Neumann
at 5941 Scranton Avenue, Mays Landing, NJ 08330 or (609) 625-1024.
New Jersey has established a memorial for law enforcement officers killed in the line of duty. This
memorial is located at the Hughes Justice Complex in Trenton, New Jersey.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller