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ORDINANCE 2013-51 Temporary Disability Benefits

Adopted: December 17, 2013


WHEREAS, the Mayor and Council of the Borough of Point Pleasant Beach have recognized the need to limit benefits to work-related injuries to the statutory benefit received under N.J.S.A. 34:15-12 et. seq.; and

WHEREAS, N.J.S.A. 34:15-12(a) provides that for injuries producing temporary disability for a period of more than seven days, seventy percent (70%) of an employee’s average weekly wage, not to exceed seventy-five percent (75%) of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of twenty percent (20%) of the SAWW, shall be provided to the employee during the period when a worker is unable to work and is under active medical care; and

WHEREAS, it is important for the municipality to comply with the Best Practice Guidelines promulgated by the State of New Jersey; and

WHEREAS, the best practice guidelines seek to limit benefits to an injured employee to the statutory guidelines; and

WHEREAS, the Mayor and Council of the Borough of Point Pleasant Beach find it necessary to comply with the Best Practice Guidelines;

NOW, THEREFORE, BE IT ORDAINED, by the Borough of Point Pleasant Beach, County Of Ocean, State of New Jersey, as follows:

SECTION I. Section 2-23 of the Borough Code entitled Personnel shall be amended to create subsection 2-23.17 to be entitled Disability Benefits for work related injuries and to provide as follows:
a. At the onset of a disability related to employment, the employee is responsible for filing the proper documents as soon as it becomes apparent that the disability will be longer than the allowed sick time and the employee may be eligible for temporary disability benefits.
b. Subject only to a Collective Bargaining Agreement existing at the effective date of this Ordinance, compensation of a municipal employee from the Borough who is disabled and qualified to receive temporary disability benefits shall be limited as provided by N.J.S.A. 34:15-12 et. seq. as may be amended
c. Upon application of an injured employee, and on good cause and extraordinary circumstances shown, at the sole discretion of the Governing Body, by two-thirds (2/3) majority vote of the governing body eligible to vote, an employee may seek up to an additional thirty percent (30%) of his or her salary from the municipality for a period of not more than six (6) months.
d. It is the intent of the Borough that its policies and procedures adhere to the policies and procedures established by the State of New Jersey concerning benefits provided pursuant to the temporary disability program under N.J.S.A. 34:15-12 et. seq. In the event that the current policy conflicts with the State's, then the State's will prevail.
SECTION II. All ordinances or parts thereof which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of their inconsistencies.
SECTION III. In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.
SECTION IV. This Ordinance shall take effect January 1, 2014 and upon publication as required by law.
NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 3rd day of December 2013 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 17th day of December 2013 at 7:30 P.M. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place a person desiring to be heard will be given opportunity to be heard.

Maryann Ellsworth, R.M.C.
Municipal Clerk

Published December05, 2013 | New Ordinances | 1735

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