Bill > A2357

Introduced Session

The Police and Firemen's Retirement System (PFRS) provides certain benefits upon the death of a member who is an active employee or is retired. These benefits are paid to a surviving spouse or partner. If there is no such survivor, or if the survivor dies, remarries or enters a partnership, the benefits are payable to a surviving child or children. The statutes define the term "child" to be an unmarried child (a) under the age of 18, or (b) 18 years of age or older and enrolled in a secondary school, or (c) , in the case of an accidental death benefits only, under the age of 24 and enrolled in a degree program in an institution of higher education, or (d) of any age who, at the time of the member's death, is disabled because of an intellectual disability or physical incapacity. This bill provides that the term "child" also means a supplemental needs trust, or special needs trust, the beneficiary of which is a deceased member's unmarried disabled child as described in (d) above. Federal law permits the establishment of such trusts to serve as a secondary source of support to supplement other government benefits. Under current law, PFRS death benefits are payable only to an unmarried disabled child of any age and not to a trust established for that child.

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Erik Peterson (R)*, 

Introduced, Referred to Assembly State and Local Government Committee (on 02/01/2018)