New Jersey § 18a:66-39

§ 18a:66-39.

a. Before June 9, 1971, a member, who shall have been a teacher and a member of the

retirement system for each of the 10 years next preceding his retirement, shall, upon

the application of his employer or upon his own application or the application of

one acting in his behalf, be retired for ordinary disability by the board of trustees,

on a regular disability allowance if he is under 60 years of age and on a service

allowance if he has reached or passed that age. The physician or physicians designated by the board shall have first made a medical

examination of him at his residence or at any other place mutually agreed upon and

shall have certified to the board that the member is physically or mentally incapacitated

for the performance of duty and should be retired. b. On and after June 9, 1971, a member, under 60 years of age, who has 10 or more

years of credit for New Jersey service, shall, upon the application of his employer

or upon his own application or the application of one acting in his behalf, be retired

for ordinary disability by the board of trustees. The physician or physicians designated by the board shall have first made a medical

examination of him at his residence or at any other place mutually agreed upon and

shall have certified to the board that the member is physically or mentally incapacitated

for the performance of duty and should be retired. No person who becomes a member of the retirement system on or after the effective

date of P.L.2010, c. 3 shall be eligible for retirement pursuant to this subsection. c. A member, under 65 years of age, shall, upon the application of his employer or

upon his own application or the application of one acting in his behalf, be retired

by the board of trustees, if said member is permanently and totally disabled as a

direct result of a traumatic event occurring during and as a result of the performance

of his regular or assigned duties, on an accidental disability allowance. A traumatic event occurring during voluntary performance of regular or assigned

duties at a place of employment before or after required hours of employment which

is not in violation of any valid work rule of the employer or otherwise prohibited

by the employer shall be deemed as occurring during the performance of regular or

assigned duties. No person who becomes a member of the retirement system on or after the effective

date of P.L.2010, c. 3 shall be eligible for retirement pursuant to this subsection. The application to accomplish such retirement must be filed within five years of the

original traumatic event, but the board of trustees may consider an application filed

after the five-year period if it can be factually demonstrated to the satisfaction

of the board of trustees that the disability is due to the accident and the filing

was not accomplished within the five-year period due to a delayed manifestation of

the disability or to circumstances beyond the control of the member. Permanent and total disability resulting from a cardiovascular, pulmonary or musculo-skeletal

condition which was not a direct result of a traumatic event occurring in the performance

of duty shall be deemed an ordinary disability. Before consideration of an application for accidental disability allowance by the

board of trustees, the physician or physicians designated by the board shall have

first made a medical examination of the member at his residence or at any other place

mutually agreed upon and shall have certified to the board that he is physically or

mentally incapacitated for the performance of duty, and should be retired, and the

employer shall have certified to the board that the member is permanently and totally

disabled as a direct result of a traumatic event occurring during and as a result

of the performance of his regular and assigned duties, the time and place where the

duty causing the disability was performed, that the disability was not the result

of his willful negligence and that the member should be retired.