[HISTORY: Adopted by the Board of Commissioners of the Town of West
New York as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-2-1962 by Ord. No. 903]
Pursuant to the provisions of Chapter 304, P.L. 1948, N.J.S.A. 40:47-12.10 and 12.11,[1] an award of damages fixed as an annual allowance shall be paid
to policemen or firemen who are permanently disabled in the performance of
their duties resulting in paraplegia of the lower limbs and paralysis of the
bladder during the term of such disability as hereinafter provided.
[1]
Editor's Note: Now N.J.S.A. 40A:14-27 and 40A:14-154.
Before an application for an award is considered and in order to qualify
for same, any policeman or fireman making application for said award must
first establish that the State of New Jersey Police and Firemen's Retirement
System or the State Consolidated Police and Firemen's Pension Fund or
other pension systems have determined that he is entitled to pension for a
service connected disability resulting in paraplegia of the lower limbs and
paralysis of the bladder.
Before any award of an annual allowance during such disability is made,
a certificate of the Police and Fire Surgeon certifying as to the probable
permanency of such disability as aforesaid shall be filed with the Director
of the Department of Public Safety and the Town Clerk, and upon the filing
of such certificate, the Director of the Department of Public Safety shall
recommend such policemen or firemen who are permanently disabled as aforesaid
in the performance of their duties for an award under this article.
Upon the filing of such recommendation by the Director of the Department
of Public Safety, an annual allowance shall be awarded to such policemen or
firemen who are permanently disabled as aforesaid in the performance of their
duties, which said annual allowance shall be the difference between the amounts
such person was paid when employed in the municipal service and any pension
paid and any award under Workmen's Compensation, Title 11, of the Revised
Statutes, and shall be paid during such disability in weekly installments
in the manner as all salaries of the police and firemen are paid. After the
day of final payment under any award under Workmen's Compensation, Title
11, of the Revised Statutes, the annual award shall be the difference between
the amount paid such person when employed in the municipal service and the
amount of any pension paid as aforesaid to such policemen or firemen.
In order to determine the continuance of such disability, each policeman
or fireman awarded an annual allowance under this article shall present himself
to the Police and Fire Surgeon for monthly physical examinations and the Police
and Fire Surgeon shall file with the Director of the Department of Public
Safety, monthly, a certification as to the probate permanency of such disability
for each policeman or fireman receiving such an award.
In the event that, after any examination by the Police and Fire Surgeon under § 83-5, the Police and Fire Surgeon shall find that such disability no longer continues to exist, he shall file a certificate with the Director of the Department of Public Safety certifying that such disability no longer continues to exist and all payments under this article to such policeman or fireman shall cease as of the date of the filing of said certificate.
Payment of the annual allowance granted hereunder shall be paid to such
policeman or fireman who shall qualify hereunder commencing with the date
of the first payment of pension or workmen's compensation installment
whichever shall apply.
No payment shall be made under the provisions of this article to any
policeman or fireman while he remains in the employ of the Town of West New
York.
[Adopted 2-20-1974 by Ord. No. 1136]
Pursuant to N.J.S.A. 40A:14-16 and N.J.S.A. 40A:14-137, leaves of absence
with pay in appropriate cases of injury, illness or disability of members
of the Police Department and Fire Department of West New York, New Jersey,
are hereby recognized, ratified and approved under all statutory conditions,
and upon verification and approval of the Town Physician and Director of the
Department of Public Safety, respectively.
Existing programs are ratified, confirmed and approved.
