The family of fallen Newark soldier Jorge Oliveira will be one of the first in the state to benefit from legislation that provides accidental death benefits to survivors of emergency service workers who are killed while serving in the military
NEWARK — The family of fallen Newark soldier Jorge Oliveira will be one of the first in the state to benefit from legislation that provides accidental death benefits to survivors of emergency service workers who are killed while serving in the military.
Oliveira, 33, an Essex County Sheriff’s detective who was also a staff sergeant with the New Jersey Army National Guard, died last month from injuries sustained during an attack on his unit in the Paktika province of Afghanistan.
By virtue of a 2009 bill signed by former Gov. Jon S. Corzine, Oliveira’s family will automatically be entitled to the same benefits as if he was killed in the line of duty while on the job at home.
The so-called Kelley’s Law, was named for U.S. Army Reserve Dwayne M. Kelley, a detective with state police and Willingboro native who was killed by a bomb blast in Iraq in June 2008.
The bill was made retroactive to Kelley’s death so his family could first benefit. Oliveira is the first New Jersey police officer to die in active duty since the law passed.
"We pushed this legislation forward hoping it would never have to be used," said Anthony Wieners, president of the New Jersey State Police Benevolent Association. "Officer Jorge Oliveira dedicated his life to serving his community and his country. The line-of-duty death benefits recognizes his commitment to all of us."
The state PBA typically pays out $25,000 from its Survivor and Welfare Fund to survivors of law enforcement personnel killed in the line of duty. In 2008, it changed its own bylaws to include families of active officers killed during military service based on a growing number of law enforcement personnel serving overseas, spokesman Jim Ryan said.
After this action, the group encouraged former Assemblyman Jack Conners to push for legislation that would mandate the line-of-duty death benefit for police officers killed while in active military service.
Conners said he was glad the bill — which also applies to state firefighters and teachers who serve in the reserves — met little political resistance before getting to Corzine’s desk.
"People were concerned about doing the right thing," said Conners, a Democrat from Camden County.
Under the legislation, dependents of the deceased receive 3 1/2 times his or her salary at the time of their death and a percentage of return of pension contributions, depending on their relation, as well as health and education benefits.
Essex County Sheriff Armando Fontoura said he would have elected to have Oliveira’s family receive the typical line-of-duty death benefit even if the law didn’t exist.
Ryan, however, said the law provides "no discretion" as to whether a person is eligible and expedites the process.
Oliveira was not married and did not have children. Fontoura said members of Oliveira’s immediate family did not want to comment on the law, as they are still grieving.
"The law is good for the family, obviously," Fontoura said. "There are many obligations that need to be met."
Staff writer Jarrett Renshaw contributed to this report.