New Jersey § 53:5a-14

§ 53:5a-14.

a. Upon the death of a member in active service as a result of: (1) an accident met in the actual performance of duty at some definite time and place,

or (2) service in the reserve component of the Armed Forces of the United States or the

National Guard in a federal active duty status, and such death was not the result of the member's willful negligence, an accidental

death benefit shall be payable if a report of the accident is filed in the office

of the Division of State Police 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. b. (1) 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 the surviving spouse

a pension of 70% of final compensation or of adjusted final compensation, as appropriate,

for the use of that spouse and children of the deceased, to continue for as 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, 70% of final compensation or of adjusted final compensation, as the case may be, will

be payable to the member's surviving child or surviving children in equal shares. 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. As used in this paragraph, “ adjusted final compensation ” means the amount of final compensation or final compensation as adjusted, as the

case may be, increased by the same percentage increase which is applied in any adjustments

of the compensation schedule of active members after the member's death and before

the date on which the deceased member of the retirement system would have accrued

25 years of service under an assumption of continuous service, at which time the amount

resulting from such increases shall become fixed and shall be the basis for adjustments

pursuant to the Pension Adjustment Act, P.L.1958, c. 143 ( C.43:3B-1 et seq. ). Any adjustments to final compensation or adjusted final compensation shall take

effect at the same time as any adjustments in the compensation schedule of active

members. The provisions of the Pension Adjustment Act shall not apply to any pension based

upon adjusted final compensation other than the fixed pension in effect at the conclusion

of the 25-year period. (2) 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. c. 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. d. In no case shall the death benefits provided in subsection b. be less than that

provided under subsection c. e. In addition to the foregoing benefits payable under subsection a. or b., there

shall also be paid in one sum to the member's beneficiary, an amount equal to 3 1/2

times final compensation. f. (Deleted by amendment.) g. (Deleted by amendment.) h. In addition to the foregoing benefits, the State shall pay to the member's employer-sponsored

health insurance program all health insurance premiums for the coverage of the member's

surviving spouse and surviving children.