New Jersey § 43:16a-10
Full text of New Jersey New Jersey Statutes § 43:16a-10, with citation guidance and answers to common questions.
§ 43:16a-10.
(1) Upon the death of a member in active service as a result of: (a) an accident met in the actual performance of duty at some definite time and place,
or (b) 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 retirement system 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. The provisions of this subsection shall also apply to a member who is a fireman and
who dies as a result of an accident met in the actual performance of duty as a volunteer
fireman in any municipality in the State, provided the member's death was not the
result of the member's willful negligence. (2) 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 his widow or widower
a pension of 70% of the compensation upon which contributions by the member to the annuity savings fund were based in
the last year of creditable service, or a pension of $50,000 when death occurs on or after the effective date of P.L.2020, c. 151, 1 whichever is greater, for the use of herself or himself and the children of the deceased member; if there
is no surviving widow or widower or in case the widow or widower dies, 70% of such
compensation will be payable to the member's surviving child or surviving children
in equal shares. If there is no surviving widow, widower or child, 25% of the compensation upon which
contributions by the member to the annuity savings fund were based in the last year
of creditable service, will be payable to one surviving dependent parent or 40% of
such compensation will be payable to two surviving parents in equal shares. 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. (3) If there is no surviving widow, widower, child or dependent parent, there shall
be paid to any other beneficiary of the deceased member, his aggregate contributions
at the time of death. (4) In no case shall the death benefit provided in subsection (2) be less than that
provided under subsection (3). (5) In addition to the foregoing benefits payable under subsection (2) or (3), there
shall also be paid in one sum to such beneficiary, if living, as the member shall
have nominated by written designation duly executed and filed with the retirement
system, otherwise to the executor or administrator of the member's estate, an amount
equal to 3 1/2 times the compensation upon which contributions by the member to the
annuity savings fund were based in the last year of creditable service. (6) 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 widow or widower and dependent children. 1
L.2020, c. 151, eff. Jan. 7, 2021.
Frequently Asked Questions About New Jersey § 43:16a-10
What does New Jersey Statutes § 43:16a-10 cover?
Section 43:16a-10 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 43:16a-10?
A common citation format is "New Jersey Statutes § 43:16a-10" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 43:16a-10 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.