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Police and Firefighter Disability Pensions

When a first responder becomes incapacitated for the performance of full duty, from injury or illness, he or she may be entitled to a disability retirement benefit. Accident Disability pensions are awarded to members who can prove that they are permanently disabled AND that their disability is caused by a qualifying accident. The definition of an accident under pension law is often different than what most of us are used to. Since the benefit is very substantial (more than 70% of a member's salary), it takes a great deal of proof to establish your right to this pension.

Police Officers and Firefighters Pension Summary

Members of fire departments and police departments in New Jersey are eligible for line-of-duty disability retirement if they are physically unable to execute the full duties of their job due to an injury incurred on the job or an illness caused by their service.

An accident disability retirement pays approximately over 70% of a member's salary in tax-free benefits for the rest of the member's life. An ordinary disability retirement pays approximately 42-44% of a salary. As a result firefighters and police officers in New Jersey are entitled to substantial disability benefits and are encouraged to speak with an experienced firefighter / police officer disability pension attorney to know their rights and entitlements.

Typically, the application process begins once the member files an actual case. Call our office to learn more about the process. Our office has assisted hundreds of New Jersey firefighters and police officers who were injured or became ill from their community protection services.

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Police Officers and Firefighters

Police officers and firefighters are covered by disability retirement benefits because they work for a municipality. The benefit is paid out of general county funds. Their positions are defined in state law. Most of their jobs involve keeping the peace and protecting people. They may be called upon to enforce laws and protect property.

In New Jersey, police officers and firefighters are required to contribute a percentage of their gross income to the State Retirement System (SRS). 

Police and Fire Disability

Police officers and firefighters are entitled under the law to receive disability benefits. We help you understand how to apply for these benefits. You may qualify if you are unable to work because of a disabling condition, either physically or mentally, or both. Your disabling condition doesn't have to be related to your job.

When filing a disability retirement application, you must file your pre-employment physical with the police & fire and a report of your pre-employment physical confirms that your condition didn't exist at the time you become a police & fire member, and there is nothing else that shows the disease wasn't incurred in the line of work.

Non-service incurred grants are available for disabled police officers who do not work due to illness or injury. The first step in applying for disability benefits is filing an application.

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Seeking Payments For Medical Expenses? 

Whenever any member becomes temporarily disabled by an injury received or disease contraction in the performance of duty to such an extent as requires medical or surgical services, then the expenses of such medical or surgical service shall be paid by the city. However, there must be a certificate from the mayor stating the necessity for the service and the nature of the injuries or diseases that caused the need for the service.

Police Officer Disability Pension For Surviving Families

Surviving family members of a deceased officer who was receiving a disability pension at the time of death may be eligible for survivors' payments under the pension code. The code further stipulates that if an officer dies in the line of duty, the survivor benefit will be raised. If a police officer dies as a result of a sickness, accident, or injury incurred in or resulting from the performance of an act of duty, the survivor's benefit shall not be less than 100 percent of the salary connected to the position held by the deceased police officer on the last day of service, excluding any provision in the statute to the contrary.

Firefighter Disability Pension For Surviving Families

Survivor benefits are available to surviving family members of deceased firefighters who were receiving a disability pension at the time of death, according to the pension code. The surviving spouse of a deceased firefighter receives survivor benefits first, but if the surviving spouse leaves one or more minor children, or if a firefighter leaves one or more minor children but no surviving spouse, the duly appointed guardian of each such child receives a monthly pension of 20% of the monthly salary for each such child until the child reaches the age of 18 or marries, whichever comes first. In the absence of a surviving spouse or dependent children, the deceased firefighter's dependent parents are eligible for a monthly pension of 18% of the pay. To qualify, the dependent parent must show that the deceased firefighter was the sole supporter of the parent at the time of his or her death, or that the parent was the deceased's dependent for federal income tax purposes.

Have concerns regarding survivor benefits or your workplace injury? We are here to assist you. Please contact an attorney at The Disability Guys Michael Kalmus Attorney At Law if you have any questions about the information presented here.

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MICHAEL KALMUS
ATTORNEY  AT LAW
A New Jersey Law Firm
646-531-1101
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ATTORNEY ADVERTISING. This website is for informational purposes only and should not be considered legal advice. Use of this website does not constitute the formation of an attorney-client relationship. Results may vary from case to case depending on the specific circumstances of the case. This website has not been approved by the Supreme Court of New Jersey. 

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