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ORDINANCE 2015-07 Repealing & Replacing Ordinance 2013-51

ADOPTED: May 5, 2015

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
COUNTY OF OCEAN AND STATE OF NEW JERSEY, CONCERNING MUNICIPAL EMPLOYEE BENEFITS WHEN INJURED IN CONNECTION WITH THEIR EMPLOYMENT
(REPEALING AND RFEPLACING ORDINANCE 2013-51)


WHEREAS, the Mayor and Council of the Borough of Point Pleasant Beach have recognized the need to limit benefits for 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 work related 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 employee injured on the job to the statutory benefits; 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 replace subsection 2-23.17 with the following:

2-23.17 Work Related Injuries of Municipal Employees

a. At the onset of a work related disability, the employee is responsible for notifying the employer of the injury for which he seeks worker’s compensation benefits.

b. Subject only to a Collective Bargaining Agreement existing at the effective date of this Ordinance, benefits for a work related injury shall be limited to the benefits provided by N.J.S.A. 34:15-1 et. seq., and any subsequent amendments thereto.

c. 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 under the New Jersey Worker’s Compensation Law, N.J.S.A. 34:15-1 et. seq. In the event that the Borough’s current policy conflicts with N.J.S.A. 34:15-1 et. seq., the statute shall 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 upon publication as required by law.

SECTION VI. The Borough Clerk is hereby directed, upon adoption of the Ordinance after public hearing thereon, to publish notice of the passage thereof and to file a copy of this Ordinance as finally adopted as required by New Jersey law.



NOTICE

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 21st day of April 2015 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 5th day of May 2015 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.

________________________Eileen Farrell, RMC
Municipal Clerk


Published April22, 2015 | New Ordinances | 2081


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