[HISTORY: Adopted by the Township Council of the Township of Bridgewater
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-1-1973 by Ord.
No. 73-21; amended in its entirety 7-19-2004 by Ord.
No. 04-20]
A.
Pursuant to the provisions of N.J.S.A. 43:12-28.1 et seq., there
is hereby provided a state pension to the surviving spouse, minor children
or parent of any volunteer firefighter who has died as a result of injuries
sustained in the course of performance of duty as a member of a volunteer
fire company serving the Township of Bridgewater. Said pension shall be paid
by the state in accordance with the statutes in such cases made and provided
and shall be retroactive to deaths occurring on or after January 1, 2000.
B.
Determination of the eligibility of the aforesaid individual
for a state survivor's pension shall be made by the Township Council of the
Township of Bridgewater and such action shall be reflected by the adoption
of a resolution. The Township Council may determine that the surviving spouse,
children or parent of a volunteer firefighter is eligible for a state survivor's
pension whenever a volunteer dies while responding to, preparing for or returning
from an emergency while under orders from a competent authority. When the
Township Council determines that a surviving spouse or children or parent
are eligible for a state survivor's pension, a certified copy of this resolution
shall be filed by the Municipal Clerk with the State Treasurer within 10 days
of adoption.
C.
"Child" shall mean a deceased firefighter's unmarried child under
the age of 18 or 18 years of age or older and enrolled in a secondary school
or under the age of 24 and enrolled in a degree program in an institution
of higher education for at least 12 credit hours in each semester or of any
age who, at the time of the firefighter's death, is disabled because of mental
retardation or physical incapacity and is unable to do any substantial, gainful
work because of the impairment and the impairment has lasted or can be expected
to last for a continuous period of not less than 12 months, as affirmed by
the medical professional.
D.
"Parent" shall mean the parent of a firefighter who was receiving
at least 1/2 of his or her support from the firefighter in the twelve-month
period immediately preceding the firefighter's death. The dependency of such
a parent will be considered terminated by marriage of the parent subsequent
to the death of the member.
There is hereby provided a Township pension annually paid by the Township to the widow, widower or minor children of volunteer firefighters who shall die as the direct result of injuries sustained in the course of performance of duties while serving as a member of a volunteer fire company serving the Township of Bridgewater, named in § 23-7 hereof.
If a state survivor's pension is granted, it shall he for the sum of
$15,000, annually, paid to the surviving spouse during his or her period of
widowhood or to the child or children of such firefighter, if he or she leaves
no surviving spouse, or to such child or children after the death of such
spouse; $10,000, annually, paid to the child or children of such firefighter,
if the surviving spouse remarries; or $5,000, annually, paid to the parent
of parents of such firefighter, if he or she leaves no surviving spouse or
child.
Such Township pension shall be in the amount of $5,000 annually and
paid to the widow or widower if a volunteer firefighter shall die with a spouse
surviving and during his or her widowhood only, or if no spouse shall survive
such death, then to the appointed guardian of the minor child or children
of such volunteer firefighter in equal shares, or the survivor of them after
the death of such widow or widower, subject to the provisions and limitations
contained in this section. Such pension shall terminate if the widow or widower
remarries, whether or not minor children of such volunteer fireman are then
surviving. In the event payments are made hereunder to a minor or minors,
there being no widow or widower surviving, that such payment shall terminate
upon the obtaining of age 18 years by such minor or minors.
The Township of Bridgewater shall make such investigation as it shall
deem necessary to determine if a death, in fact, shall have resulted from
injuries sustained in the course of performance of duty as a member of a recognized
volunteer fire company, which determination shall be final.
This article shall become effective immediately upon adoption and publication
according to law, except that payments shall not commence hereunder until
sufficient moneys have been appropriated and made available in the municipal
budget for any year in which payments are obligated to be paid. Payments shall
be made on the basis of a proof of claim form provided by the Township of
Bridgewater or an insurance carrier, as the case may be.
Payments under the terms of this article shall be limited to the surviving
spouse, minor children or parent of any volunteer firefighter who are members
of the following volunteer fire companies which are hereby determined to service
the Township of Bridgewater:
[Adopted 10-20-1975 by Ord.
No. 75-19]
[Amended 7-8-1976 by Ord.
No. 76-22; 7-19-2004 by Ord. No. 04-20]
A.
Pursuant to the provisions of N.J.S.A. 43:12-28.1 et seq., there
hereby provided a state pension to the surviving spouse, minor children or
parent of any volunteer first aid worker, rescue squad worker or emergency
medical technician who has died as a result of injuries sustained in the course
of performance of duty as a member of a volunteer first aid or rescue squad
serving the Township of Bridgewater. Said state pension shall be paid in accordance
with the statutes in such cases made and provided and shall be retroactive
to deaths occurring on or after January 1, 2000.
B.
Determination of the eligibility of the aforesaid individual
for a survivor's pension shall be made by the Township Council of the Township
of Bridgewater and such action shall be reflected by the adoption of a resolution.
The Township Council may determine that the surviving spouse, children or
parent of a volunteer first aid worker, rescue squad worker or emergency medical
technician is eligible for a survivor's pension whenever a volunteer dies
while responding to, preparing for or returning from an emergency while under
orders from a competent authority. When the Township Council determines that
a surviving spouse or children or parent are eligible for a survivor's pension,
a certified copy of this resolution shall be filed by the Municipal Clerk
with the State Treasurer within 10 days of adoption.
C.
"Child" shall mean a deceased first aid worker's, rescue squad
worker's or emergency medical technician's unmarried child under the age of
18 or 18 years of age or older and enrolled in a secondary school or under
the age of 24 and enrolled in a degree program in an institution or higher
education for at least 12 credit hours in each semester or of any age who,
at the time of the first aid worker's, rescue squad worker's or emergency
medical technician's death, is disabled because of mental retardation or physical
incapacity and is unable to do any substantial, gainful work because of the
impairment and the impairment has lasted or can be expected to last for a
continuous period of not less than 12 months, as affirmed by the medical profession.
D.
"Parent" shall mean the parent of a first aid worker, rescue
squad worker or emergency medical technician who was receiving at least 1/2
of his or her support from the first aid worker, rescue squad worker or emergency
medical technician in the twelve-month period immediately preceding that volunteer's
death. The dependency of such parent will be considered terminated by marriage
of the parent subsequent to the death of the member.
[Added 7-19-2004 by Ord. No. 04-20]
There is hereby provided a Township pension annually paid by the Township to the widow, widower or minor children of volunteer first aid workers, rescue squad workers or emergency medical technicians who shall die as the direct result of injuries sustained in the course of performance of duties while serving as a member of a volunteer first aid or rescue squad serving the Township of Bridgewater, named in § 23-14 hereof.
[Amended 7-19-2004 by Ord. No. 04-20]
If a state survivor's pension is granted, it shall be for the sum of
$15,000, annually, paid to the surviving spouse during his or her period of
widowhood or to the child or children of such first aid worker, rescue squad
worker or emergency medical technician, if he or she leaves no surviving spouse,
or to such child or children after the death of such spouse; $10,000, annually,
paid to the child or children of such first aid worker, rescue squad worker
or emergency medical technician, if the surviving spouse remarries; or $5,000,
annually, paid to the parent or parents of such first aid worker, rescue squad
worker or emergency medical technician, if he or she leaves no surviving spouse
or child.
[Added 7-19-2004 by Ord. No. 04-20]
Such Township pension shall be in the amount of $5,000 annually and
paid to the widow or widower if a volunteer first aid or rescue squad worker
shall die with a spouse surviving and during his or her widowhood only, or
if no spouse shall survive such death, then to the appointed guardian of the
minor child or children of such volunteer first aid or rescue squad worker,
in equal shares, or the survivor of them after the death of such widow or
widower, subject to the provisions and limitations contained in this section.
Such Township pension shall terminate if the widow or widower remarries, whether
or not minor children of such volunteer first aid or rescue squad worker are
then surviving. In the event payments are made hereunder to a minor or minors,
there being no widow or widower surviving, then such payment shall terminate
upon the obtaining of age 18 years by such minor or minors.
[1]
Editor's Note: Former § 23-10, Qualifications for eligibility,
was repealed 7-19-2004 by Ord. No. 04-20.
Notwithstanding the determination as to insurability which shall be made under the terms of § 23-10 hereof, the Township Council may, by appropriate resolution adopted annually, determine to provide coverage under this article for those individuals not otherwise eligible for insurance coverage, provided that it shall first determine, in its sole discretion, that the individual is physically qualified to perform the service required by his or her membership, and shall specifically state the name of such individual, not otherwise insured, as being afforded coverage under this article. A reevaluation of such determination shall be made at least annually.
The Township of Bridgewater shall make such investigation as it shall
deem necessary to determine if a death, in fact, shall have resulted from
injuries sustained in the course of performance of duty as a member of a recognized
volunteer first aid or rescue squad, which determination shall be final.
This article shall become effective immediately upon adoption and publication
according to law, except that payments shall not commence hereunder until
sufficient moneys have been appropriated and made available in the municipal
budget for any year in which payments are obligated to be paid. Payments shall
be made on the basis of a proof of claim form provided by the Township of
Bridgewater or an insurance carrier, as the case may be.
[Amended 7-19-2004 by Ord. No. 04-20]
Payments under the terms of this article shall be limited to the surviving
spouse, minor children or parent of any volunteer first aid worker, rescue
squad worker or emergency medical technician who has sustained injuries which
resulted in death and who are members of the following volunteer first aid
or rescue squads which are hereby determined to service the Township of Bridgewater:
