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  • NJ A4924
  • Concerns timely provision of TDI benefits.
In Committee
Crossed OverPassedSignedDead/Failed/VetoedVeto Overridden
2016-2017 Regular Session
This bill implements measures to facilitate the timely payment of benefits under the temporary disability insurance (TDI) law, P.L.1948, c.110 (C.43:21-25 et al.), and the family leave insurance (FLI) law, P.L.2008, c.17 (C.43:21-39.1 et al.), and provides for increased dissemination of information about those benefits. The bill applies existing penalties of the TDI law to employers who fail to provide the notifications and disclosures at the time and in the manner required by the TDI and FLI laws to employees, claimants, and program administrators. If a failure delays benefit payments, the employer is required to pay the claimant an added amount equal to the benefits due from the time that the notification or disclosure was required until the benefit payments commenced. The bill also requires the division to implement goals for the timely payment of TDI and FLI benefits. For TDI benefit claims, the goals set minimum percentages of initial claims to be completed within specified time spans as follows: 25% within seven days, 65% within 14 days, 75% within 21 days, and 85% within 28 days. For FLI benefit claims, the goals specified by the bill set the minimum percentages at 50% within seven days, 75% within 14 days, 85% within 21 days, and 95% within 28 days. The bill requires the Commissioner of Labor and Workforce Development to issue annual reports regarding efforts to attain those goals. Each report is required to include: 1. The total number of claims, and the number and percent of claims completed within each number of days specified in the goals, and the number and percent of original determinations completed within 35 days, 42 days, 49 days, 56 days, and more than 56 days. 2. The number and percent of claims received with insufficient information, what portions of those claims were due to failures to provide sufficient, timely information by each of the following groups: claimants, their medical providers, and employers. 3. The number and percent of claims delayed due to employer failure to make the required, timely notifications or disclosures, the number of related complaints, and the number of employers who, due to those failures, paid fines to the division or added amounts to claimants, and total payments to the division and claimants. 4. The number, and salary and benefit costs, of division personnel, and the portion of them processing TDI and FLI claims, with a comparison of those costs to the maximum administrative expenditures allowed by the TDI and FLI laws. 5. An evaluation of the causes of any failures to meet the goals, and a plan to correct them, which would include, as needed: increases in personnel; measures to enforce notification and reporting requirements; measures to inform employees of their responsibilities to facilitate the timely benefit provision; improvements in administrative services and equipment; and related increases in the TDI and FLI benefit administration expenditures. The commissioner is required to use that increased estimate in setting the rate of TDI and FLI worker taxes, except that the increase may not result in the total amount credited to TDI and FLI administrative costs to exceed the maximum amount allowed by the TDI and FLI laws, which is 0.1% of wages subject to TDI taxes. Finally, the bill directs the division to disseminate information about the rights and responsibilities of employers and employees regarding TDI and FLI benefits. Not less than $500,000 or more than $2,000,000 are allocated each year to the programs, of which not less than $300,000 or more than $1,200,000 are allocated to contracts with community-based organizations to disseminate benefit information to workers. The amount allocated, within those limits, will be based on a plan included in an annual report issued by the commissioner, which includes an accounting of the allocated funds and their expenditure by the division and community-based organizations, estimates of the number of employers and workers receiving the information, estimates of the number of workers eligible for benefits and the percent of them receiving the benefits, and the plan to increase worker awareness of the benefits.
Introduced, Referred to Assembly Labor Committee  (on 6/1/2017)
Date Chamber Action Description
6/1/2017 A Introduced, Referred to Assembly Labor Committee
Date Motion Yea Nay Other
None specified