NJ Cops Oct18 | Page 24

Offi cers’ Rights Application Consternation Guidance for obtaining accidental disability retirement benefi ts The board of the Police and Firemen’s Retire- ment System and Public Employees Retirement System regularly denies applications for acci- dental disability retirement benefits arising un- der N.J.S.A. 43:16A-7. One of the most common reasons proffered by the board for denial is that the board contends the traumatic event or acci- STUART dent giving rise to the application was not “unde- ALTERMAN signed and unexpected.” The “undesigned and unexpected” standard comes from the New Jersey Supreme Court case Richardson v. Bd. of Trustees, Police & Firemen’s Ret. Sys., 192 N.J. 189 (2007). Under Richardson, any individual seeking an accidental disability retirement pension must establish that he or she is permanently and totally disabled as a direct result of a traumatic event that is identifiable as to time and place, undesigned and unexpected, and is caused by a circumstance external to the member (not the result of pre-existing disease that is aggravated or accelerated by the work). The traumatic event must have occurred during and as a result of the mem- ber’s regular or assigned duties; the disability must not have been the result of the member’s willful negligence; and the member must be mentally or physically incapacitated from performing his or her usual work or any other available duty. For years, the board has been pointing to a section of the case Russo v. Board of Trustees, Police & Firemen’s Retirement System, 206 N.J. 14 (2011) to support the proposition that, where an accident occurs as a result of work-related actions which fall within a member’s job description, a member may have difficulty meeting the “undesigned and unexpected” prong of Richardson. The section often quoted by the board in denying members’ applications for accidental disability re- tirement benefits provides as follows: [A]n employee who experiences a horrific event which falls within his job description and for which he has been trained will be unlikely to pass the “un- designed and unexpected” test. Thus, for example, an emergency medical technician who comes upon a terrible accident involving life-threatening injuries or death...will not satisfy Richardson’s “undesigned and The Law Firm of Alterman & Associates, LLC Stuart J. Alterman, Esquire Jeffrey S. Ziegelheim, Esquire Arthur J. Murray, Esquire Timothy J. Prol, Esquire Proudly representing Law Enforcement and Public Safety for a combined 80 years Contract Negotiation Contract Arbitration Grievances/ Arbitration Discipline Defense Whistleblower /CEPA Hostile Work Environment Pension/Disability Appeals Criminal Defense Workers Compensation Personal Injury Human Resource Issues Civil Rights Litigation Administrative One Stop Shop for Public Safety Alterman & Associates, LLC have been an approved law firm with the PBA Legal Protection Plan since its inception. South Jersey Location North Jersey Location 8 South Maple Avenue, Marlton, NJ 08053 22 Church Street, Haledon, NJ 07508 (856) 334-5737 (973) 956-1621 [email protected] www.altermanandassociates.com www.NJPoliceAttorney.com www.NJCorrectionsAttorney.com 24 NEW JERSEY COPS ■ OCTOBER 2018