New Jersey Statutes 43:21-41. Entitlement for disability benefits
Terms Used In New Jersey Statutes 43:21-41
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- base year: shall mean the first four of the last five completed calendar quarters immediately preceding the individual's period of disability, if the employment held by the individual immediately preceding the period of disability is no longer available at the conclusion of that period and the individual files a valid claim for unemployment benefits after the conclusion of that period. See New Jersey Statutes 43:21-19
- Benefits: means the money payments payable to an individual, as provided in this chapter (R. See New Jersey Statutes 43:21-19
- Division: means the Division of Unemployment and Temporary Disability Insurance of the Department of Labor and Workforce Development, and any transaction or exercise of authority by the director of the division thereunder, or under this chapter (R. See New Jersey Statutes 43:21-19
- period of disability: means the period defined as a period of disability by section 3 of the "Temporary Disability Benefits Law" P. See New Jersey Statutes 43:21-19
- Week: means for benefit years commencing on or after October 1, 1984, the calendar week ending at midnight Saturday, or as the division may by regulation prescribe. See New Jersey Statutes 43:21-19
(b) (Deleted by amendment, P.L.2001, c.17).
(c) (Deleted by amendment, P.L.2001, c.17).
(d) (1) (Deleted by amendment, P.L.2008, c.17).
(2) With respect to periods of disability commencing on or after January 1, 2001 and before the effective date of P.L.2019, c.37 (C. 43:21-45.2 et al.), no individual shall be entitled to benefits under this act unless the individual has, within the 52 calendar weeks preceding the week in which the individual’s period of disability commenced, established at least 20 base weeks or earned not less than 1,000 times the minimum wage in effect pursuant to section 5 of P.L.1966, c.113 (C. 34:11-56a4) on October 1 of the calendar year preceding the calendar year in which the disability commences, which amount shall be adjusted to the next higher multiple of $100.00, if not already a multiple thereof.
(3) With respect to periods of disability commencing on or after the effective date of P.L.2019, c.37 (C. 43:21-45.2 et al.), no individual shall be entitled to benefits under this act unless the individual has, within the base year preceding the week in which the individual’s period of disability commenced, or within the base year preceding the week in which the individual submits a claim for benefits pursuant to subsection h. of section 10 of P.L.2008, c.17 (C. 43:21-39.1) or paragraph (3) of subsection (a) of section 25 of P.L.1948, c.110 (C. 43:21-49), established at least 20 base weeks or earned not less than 1,000 times the minimum wage in effect pursuant to section 5 of P.L.1966, c.113 (C. 34:11-56a4) on October 1 of the calendar year preceding the calendar year in which the disability commences, which amount shall be adjusted to the next higher multiple of $100.00, if not already a multiple thereof.
If an individual who submits a claim for benefits pursuant to subsection h. of section 10 of P.L.2008, c.17 (C. 43:21-39.1) or paragraph (3) of subsection (a) of section 25 of P.L.1948, c.110 (C. 43:21-49) did not establish enough base weeks or have enough total earnings during the base year preceding the week the individual submits the claim, the division shall notify the individual that the individual may file the claim again upon or after the commencement of the period of disability or family temporary disability leave and the division shall then reconsider the individual’s eligibility for benefits based on the base year preceding the week in which the period of disability or family temporary disability leave commences.
(e) With respect to a period of family temporary disability leave for an individual who has a period of family temporary disability immediately after the individual has a period of disability for the individual’s own disability, the period of disability is deemed, for the purposes of specifying the time of the 52-week period or base year in which base weeks or earnings are required to be established for benefit eligibility pursuant to this subsection (e), to have commenced at the beginning of the period of disability for the individual’s own disability, not the period of family temporary disability.
L.1948, c.110, s.17; amended 1950, c.173, s.5; 1952, c.188, s.5; 1975, c.355; 1984, c.104, s.4; 2001, c.17, s.4; 2008, c.17, s.7; 2018, c.128, s.3; 2019, c.37, s.18.