S844 —

2019, c.126 (S844 1R)1R §3CC) -CHAPTER Note126 (CORRECTED COPY)   P.L.An Act permitting the payment of temporary disability benefits on a part-time basis and amending P.L.1948, c.110.

2019, CHAPTER 126, approved June 17, 2019 Senate, No.

844 (First Reprint)     An Act permitting the payment of temporary disability benefits on a part-time basis and amending P.L.1948, c.110.

      5.   C.43:21-29  (a)    Compensable Indisability, the case of the disability of a covered individual, disabilityfamily. shall be compensable subject to the limitations of P.L.1948, c.110 (C.43:21-25 et al.) if:

the     disability5. is the result of the covered individual suffering an accident or sickness not arising out of and in the course of the individual's employment or if so arising not compensable under the workers' compensation law, R.S.34:15-1 et seq.[,];

and(a) [resulting]In the disabilitycase resultsof in the individual'sdisability total inability to perform the duties of employment, except that an individual who is otherwise eligible for benefits but only able to return to work on a reducedcovered basisindividual, while recovering from the disability mayshall receivebe benefitscompensable pursuantsubject to the provisionslimitations of subsectionP.L.1948, (b)c.110 of(C.43:21-25 sectionet 16al.) ofif: P.L.1948, c.110 (C.43:21-40).

the disability is the result of the covered individual suffering an accident or sickness not arising out of and in the course of the individual's employment or if so arising not compensable under the workers' compensation law, R.S.34:15-1 et seq.;

and the disability results in the individual's total inability to perform the duties of employment, except that an individual who is otherwise eligible for benefits but only able to return to work on a reduced basis while recovering from the disability may receive benefits pursuant to the provisions of subsection (b) of section 16 of P.L.1948, c.110 (C.43:21-40).

(cf:       2.    Section 16 of P.L.1948, c.110 (C.43:21-40) is amended to read as follows:

P.L.2008, c.17, s.3)       C.43:21-40  2.   Benefit Sectionrates, 16partial ofbenefits. P.L.1948, c.110 (C.43:21-40) is amended to read as follows:

     16. 16. (a)     With respect to periods of disability commencing on or after July 1, 1961, an individual's weekly benefit amount shall be determined and computed by the division on the same basis as the weekly benefit rate is determined and computed pursuant to subsection (c) of R.S.43:21-3, except that for periods of  disability commencing on or after October 1, 1984, an individual's weekly benefit rate shall be two-thirds of his average weekly wage, subject to a maximum of 53% of the Statewide average weekly remuneration paid to workers by employers, as determined under subsection (c) of R.S.43:21-3;

provided,a. however, that such individual's benefit rate shall be computed to the next lower multiple of $1.00 if not already a multiple thereof.  The amount of benefits for each day of disability for which benefits are payable shall be one-seventh of the corresponding weekly benefit amount;  provided that the total benefits for a fractional part of a week shall be computed to the next lower multiple of $1.00 if not already a multiple thereof.

     (b)   For anyperiods weekof beginningdisability commencing on or after theOctober effective1, date1984, ofan P.L.    ,individual's c.  weekly  (pendingbenefit beforerate theshall Legislaturebe astwo-thirds this bill), with respect to a period of disabilityhis ofaverage anweekly individualwage, whosubject is otherwise eligible for benefits but only able to return to work on a reducedmaximum basis while recovering from the disability, the individual, if permitted by the employer to return to work on the reduced basis, shall be paid an amount of benefits53% with respect to that week such that the sum of the wagesStatewide andaverage thoseweekly benefitsremuneration paid to theworkers individual,by roundedemployers, toas thedetermined nextunder lowersubsection multiple(c) of $1.00,R.S.43:21-3, willexcept equalas theprovided weeklyin benefitsubsection amountb. the individual would have been paid if totally unable to perform the duties of employment due to disability, provided that:

of this section.

     b.    For periods of disability commencing on or after July 1, 2020, and for periods of family temporary disability leave commencing on or after July 1, 2020, an individual’s weekly benefit rate shall be 85% of the individual’s average weekly wage, subject to a maximum of 70% of the Statewide average weekly remuneration paid to workers by employers.

     c.     Each individual's benefit rate shall be computed to the next lower multiple of $1.00 if not already a multiple thereof.  The amount of benefits for each day of disability for which benefits are payable shall be one-seventh of the corresponding weekly benefit amount;

provided that the total benefits for a fractional part of a week shall be computed to the next lower multiple of $1.00 if not already a multiple thereof.

     d.    For any week beginning on or after the effective date of P.L.2019, c.126, with respect to a period of disability of an individual who is otherwise eligible for benefits but only able to return to work on a reduced basis while recovering from the disability, the individual, if permitted by the employer to return to work on the reduced basis, shall be paid an amount of benefits with respect to that week such that the sum of the wages and those benefits paid to the individual, rounded to the next lower multiple of $1.00, will equal the weekly benefit amount the individual would have been paid if totally unable to perform the duties of employment due to disability, provided that:

(cf:       3.    This act shall take effect one year after the date of enactment.

P.L.1984, c.104, s.3)        3.   Approved ThisJune act17, shall2019. take effect 1[on the 180th day] one year1 after the date of enactment.

                                            Establishes a partial return to work TDI program.