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New Jersey public servants may have law on their side in pension battle

Photo Credit: Cliffview Pilot
Photo Credit: Cliffview Pilot
Photo Credit: Cliffview Pilot
Photo Credit: Cliffview Pilot
Photo Credit: Cliffview Pilot

YOU READ IT HERE FIRST : (EDITOR’S NOTE: This story originally was published Feb. 26) : The latest bombshells in the battle between Gov. Christie and New Jersey public servants come in the form of advisory letters that say state lawmakers can’t change a public employee’s pension once he or she has put in five years on the job.

JUNE 24: The New Jersey State Policemen’s Benevolent Association is challenging the constitutionality of the pension law changes. President Anthony Wieners said, “Our battle is moving from the Statehouse to the courthouse. I am confident that the justices will overrule these laws.”

In an August 2006 letter to the state treasurer, then-Attorney General Zulima Farber wrote that the state Legislature in 1997 “set the benchmark” at five years of service for police, firefighter and teachers union members to have “non-forfeitable right[s]” to current pension benefits.

In addition, a letter that same week from the state Legislature’s legal counsel bluntly states that the right to benefits for anyone who has completed five years of service “cannot be reduced.”

“[L]egislation that has the effect of detrimentally altering the retirement benefits of active members of State-administered retirement systems who have accrued at least five years of service credit, or of retired members, would be unconstitutional as violative of the federal and State constitutional proscription against impairment of the obligation of contracts,” the letter to the Joint Legislative Committee on Public Employee Benefits Reform says.

So even if Christie does convince the Legislature to accept his reforms, a court could overrule any attempts to “substantially impair” pensions for those public servants who’ve already put in five years, according to Assistant Attorney General John P. Bender, who prepared the advisory letter for Farber.

The state would then have to show it had a “significant and legitimate purpose” — and, more importantly, that lawmakers basically had no other choice, it says.

“[A] court will look to whether the legislative objectives could have been achieved by a less drastic alternative, including one that does not impair contractual rights,” New Jersey case law states.

“The more substantial the impairment, the greater the level of scrutiny to which the law will be subjected,” it adds. “[T]he courts will not simply allow the State to walk away from its financial obligations.”

Farber’s letter cites “the well established treatment of pension laws by New Jersey courts.” These traditionally have been decided “most favorably to the employee’s interests.”


“Because the length of service varies for each employee covered by a state pension system, this act has had the effect of creating different categories of employees,” the letter says:

While the law automatically vests anyone with 10 years of “creditable” service, “the extent of the non-forfeiable benefits for individual employees is determined not at the time of vesting but with reference to the benefits provided by law for that pension system when the employee accrued 5 years of service credit… but have not yet vested.”

Those with less than five years aren’t totally out of luck. Farber’s letter points out that a court could reject pension cuts for that group if they “result in large tax liabilities for the trusts and the plan members.”

Lawmakers can still “alter, modify or amend” the pension system, the advisory letter says. The current pension law in New Jersey also doesn’t apply to post-retirement medical benefits, it notes.

“Pensions for public employees serve a public purpose,” wrote Albert Porroni, then the state Legislative Counsel.

“It is common knowledge that a pension is an element in encouraging qualified individuals to enter and remain in public service,” Porroni quotes from state law, adding: “Deferred compensation benefits have been earned by an employee and are no longer considered a gratuity.”

By reducing pension benefits for those who already, under state law, are protected “would be impermissably impairing the obligation of a contract to which it is a party,” Porroni’s letter says.

When state legislators enaced the law, they “did not reserve the right to unilaterally adopt substantial modifications of the pension program,” it adds. “More modest means of saving or raising money are available to the State that do not affect contractual obligations.”


Christie campaign letter promised ‘no harm’ to police, firefighter pensions

“The claim that any harm would come to your pension when I’m elected Governor is absolutely untrue. It is a 100% lie,” Chris Christie wrote to New Jersey law enforcement officers during his campaign against Jon Corzine. The 2009 letter, and a near-carbon copy sent to firefighters, has resurfaced amid Christie’s bid to overhaul public servants’ pension system. CLICK HERE FOR FULL STORY….

New Jersey police, firefighters to rally in Trenton March 3


YOU READ IT HERE FIRST : Police and firefighters from throughout New Jersey plan to descend on Trenton on March 3 in a “Stand Up for Safety” rally aimed at countering Gov. Christie’s plan to roll back public employee benefits. “We have had enough and want to send a message,” State PBA member Jim Ryan told CLIFFVIEW PILOT .


Christie a wanna-be union buster among many in U.S.
Sunday, 20 February 2011 Jerry DeMarco

EDITORIAL : “ First they got rid of unionists. I said nothing, because I was not a unionist. When they came for me, there was no one to protest. ” Every one of us who has focused on Gov. Christie’s attempts to demonize public servants has missed a much bigger picture: This isn’t unique to New Jersey, as the Woodstock in Wisconsin has shown. A carefully constructed strategy to split the middle and working classes is going on throughout the entire country right now. And many of us are the pawns. CLICK HERE….

Christie doesn’t own the debate on public servants’ perks and salaries

Tuesday, 08 February 2011 Jerry DeMarco

EDITORIAL : I’ve tried not to connect the horrors visited on sworn law enforcement officers and their loved ones nationwide this year with Gov. Chris Christie’s assault on New Jersey’s public servants, out of respect for those injured and killed, but his calling on police unions Monday — of ALL days — to make concessions for the sake of public safety is plain insensitive. CLICK HERE….

Think New Jersey police are overpaid? Try doing the job

Monday, 31 January 2011 Andover P.O. Joseph Indano

AN OFFICER’S VIEW : In light of a recent newspaper article about police salaries in New Jersey being among the highest in the nation: First off, let’s remind ourselves tha t Ne w Jersey’s cost of living is one of, if not the highest, in the country, and that most jobs in New Jer sey, including private sector jobs, pay more than other states. CLICK HERE FOR THE OFFICER’S FULL STORY

Veteran cop takes on Christie, draws raves Wednesday, 17 November 2010 Jerry DeMarco

Police statewide are haili

ng a veteran cop in a North Jersey town who is fed up with “the current climate of public employee bashing” and challenges Gov. Christie to “do the right thing” with taxpayer-funded pensions.


NJ police salaries aren’t the problem

Tuesday, 21 September 2010 Jerry DeMarco

EDITORIAL : Many are making much of a newspaper report that New Jersey police salaries are the highest in the land. To paraphrase a man who puts his life on the line every day to protect his community: Does a bullet feel any different if it’s fired in, say, Lyndhurst, than it does in Paterson? Know how many cops have been killed in the line of duty in Lyndhurst? Four. In Paters on? The same. READ MORE….

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