New Jersey § 34:15-95

§ 34:15-95.

a. Beginning on January 1, 2020, and in each fiscal year thereafter, a dependent of

an essential employee, who is receiving weekly benefits pursuant to R.S.34:15-13 for a death that occurred after March 1, 2020 due to the contraction of coronavirus

disease 2019 in the course of employment, and who is not entitled to receive special

adjustment benefits pursuant to section 1 of P.L.1980, c. 83 ( C.34:15-95.4 ), shall be entitled to receive weekly supplemental benefits from the Second Injury

Fund during the period in which the dependent is eligible to receive the initially-awarded

weekly benefits, whenever the amount of the initially-awarded weekly benefits is less

than the total amount of weekly benefits that would be payable to the dependent if

that total amount included weekly supplemental benefits calculated in the manner indicated

in subsection b. of this section. In making the determination of the aggregate annual surcharge for the Second Injury

Fund to be levied pursuant to paragraph (4) of subsection c. of R.S.34:15-94 for calendar year 2020 and each subsequent calendar year, the Commissioner of Labor

and Workforce Development shall include the anticipated additional amounts, including

administrative costs, required for payment of supplemental benefits pursuant to this

section during the fiscal year which begins on July 1 of the respective calendar year. b. The base amount of the weekly supplemental benefits to be paid pursuant to this

section during each fiscal year shall be calculated in a manner so that when it is

added to the workers' compensation weekly death benefits initially awarded, the sum

of the initial award and the base weekly supplemental benefits shall bear the same

percentage relationship to the maximum workers' compensation death benefit rate for

the current fiscal year that the dependent's initial weekly death benefits bore to

the maximum workers' compensation death benefit rate in effect at the time of the

death, except that: (1) The actual amount of the supplemental benefits paid pursuant to this section to

any dependent shall be reduced by an amount equal to the dependent's benefit payable

under the Federal Old-Age, Survivors' and Disability Insurance Act, excluding any

disability benefits paid to that dependent under that act and any cost of living increases

in benefits paid to that dependent under that act, or Black Lung benefits; (2) A supplemental benefit shall not be paid if the actual amount of the benefit to

be paid is calculated to be less than $5 per week; and (3) A supplemental benefit shall not be paid to a dependent who elects to not receive

benefits under the Federal Old Age, Survivors and Disability Insurance Act for which

the dependent is eligible. c. Notwithstanding any other provision of this section, weekly supplemental benefits

paid pursuant to this section shall not be paid in a manner which in any way changes

or modifies the provisions of section 1 or 9 of P.L.1980, c. 83 ( C.34:15-95.4 or 34:15-95.5 ). d. An insurance carrier or self-insured employer responsible for the payment of workers'

compensation death benefits to a dependent shall notify the Division of Workers' Compensation

of the need to have the Second Injury Fund make supplemental benefit payments to the

dependent pursuant to this section not later than the 60th day after the date on which

it is determined that the payment of supplemental benefits is required pursuant to

this section. If the insurance carrier or self-insured employer fails to notify the division and

that failure results in the payment of an incorrect amount of benefits, the liability

for the payment of the supplemental benefits shall be transferred from the Second

Injury Fund to the employer until the time at which the insurance carrier or self-insured

employer provides the required notice. e. For the purposes of this section, “ essential employee ” means an employee in the public or private sector who, during a state of emergency: (1) is a public safety worker or first responder, including any fire, police or other

emergency responders; (2) is involved in providing medical and other healthcare services, emergency transportation,

social services, and other care services, including services provided in health care

facilities, residential facilities, or homes; (3) performs functions which involve physical proximity to members of the public and

are essential to the public's health, safety, and welfare, including transportation

services, financial services, and the production, preparation, storage, sale, and

distribution of essential goods such as food, beverages, medicine, fuel, and supplies

for conducting essential business and work at home; or (4) is any other employee deemed an essential employee by the public authority declaring

the state of emergency. If the state of emergency does not apply to the entire State, an employee shall be

regarded as an essential employee only if the employee is working in the area subject

to the state of emergency. f. The Commissioner of Labor and Workforce Development shall promulgate rules and

regulations as are necessary to effectuate the purposes of this act.