N.J. Admin. Code § 17:1-11.3 - Eligibility for a survivor's pension

(a) The governing body of any municipality served by the volunteer emergency worker shall, by resolution, determine the eligibility for a survivor's pension of the widow, widower, children, or parent of the volunteer emergency worker who has died as the result of injuries sustained in the course of performance of duty, not as a result of willful negligence, as a member of the volunteer fire company or first aid or rescue squad on or after January 1, 2000.

(b) If the volunteer emergency worker is sponsored by a county, the governing body of the municipality being served by the volunteer emergency worker at the time of the incident resulting in the volunteer emergency worker's death shall, by resolution, determine the eligibility for a survivor's pension of the widow, widower, children, or parent of any volunteer emergency worker who has died as the result of injuries sustained in the course of performance of duty, not as a result of willful negligence, within the borders of the municipality after January 1, 2000.

(c) The governing body of any municipality served by a volunteer fire company or first aid or rescue squad duly incorporated within the municipality shall, by resolution, determine the eligibility for a survivor's pension of the widow, widower, children or parent of any volunteer emergency worker who has died as the result of injuries sustained in the course of performance of duty, not as a result of willful negligence, outside of the borders of the municipality after January 1, 2000.

(d) The municipal governing body may determine that the widow, widower, children or parent of a volunteer emergency worker is eligible for a survivor's pension whenever a volunteer dies while responding to, preparing for, during or returning from an emergency to which he or she was properly dispatched.

Notes

N.J. Admin. Code § 17:1-11.3

Amended by 48 N.J.R. 1306(a), effective 6/20/2016