N.J. Stat. » Title 34 — LABOR AND WORKMEN'S COMPENSATION
New Jersey Statutes

N.J. Stat. § 34:15-95.5 (2026)

Reduction of disability benefits for persons under age sixty-two; exception

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For persons under the age of 62 receiving benefits as provided under R.S. 34:15-95, or R.S. 34:15-12(b), and whose period of disability began after December 31, 1979, such compensation benefits shall be reduced by an amount equal to the disability benefits payable under the Federal Old-Age, Survivors' and Disability Insurance Act, as now or hereafter amended, not to exceed the amount of the reduction established pursuant to 42 U.S.C. s. 424a. However, such reduction shall not apply when the combined disability benefits provided under R.S. 34:15-95, or R.S. 34:15-12(b), and the Federal Old-Age, Survivors' and Disability Insurance Act is less than the total benefits to which the Federal reduction would apply, pursuant to 42 U.S.C. s. 424a. Where any person refuses to authorize the release of information concerning the amount of benefits payable under said Federal act, the division's estimate of said amount shall be deemed to be correct unless and until the actual amount is established, and no adjustment shall be made for any period of time covered by any such refusal.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1988–2021 · leading case: Guiseppe SCIAROTTA, Appellee, v. Hon. Otis R. BOWEN, Sec'y of the Dep't of Health & Human Servs., Appellant, 837 F.2d 135 (3d Cir. 1988).
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Guiseppe SCIAROTTA, Appellee, v. Hon. Otis R. BOWEN, Sec'y of the Dep't of Health & Human Servs., Appellant, 837 F.2d 135 (3d Cir. 1988). “Thus, New Jersey does not apply any offset to the base compensation payment, even when the combination of workers’ compensation payments and federal disability benefits exceeds 80% of pre-disability earnings, and even when the elimination of the entire special adjustment benefit…”
George a. Wilhelm Vs. Ryder Logistics & Transp. Solutions (new Jersey Dep't of Labor & Workforce Dev.) (Consol.), 259 A.3d 859 (N.J. Super. Ct. App. Div. 2021). · cites it 11× “In 1980, Crider became involved in the processing of calculations for the Fund under the Workers' Compensation Act in conjunction with the social security offset under N.J.S.A. 34:15-95.5. At that time, he was working for the controller's office as an assistant controller when…”
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