[HISTORY: Adopted by the Board of Commissioners of the Town of West New York as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 42.
Officers and employees — See Ch. 69.
Pensions — See Ch. 74.
Police Department — See Ch. 80.
[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.
[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.