As reported by nj.com, the state’s top lawmakers said Monday they cleared a significant hurdle in efforts to overhaul public employee benefits after agreeing to a plan that shifts more medical costs onto workers while protecting future collective bargaining rights.

The spotlight now turns to Governor Chris Christie, who has been uncharacteristically quiet as Assembly Speaker Sheila Oliver and Senate President Stephen Sweeney hammer out the final details of a controversial bill overhauling pension and health benefits that is scheduled for its first legislative hearing on Thursday. 

Sweeney endorsed a plan Monday being promoted by Oliver that would increase health benefits contributions for all of the state’s 500,000 public workers but allow unions to seek lower rates at the negotiating table starting in 2014. “The sunset provision is certainly fair and is another example of the kinds of compromise we have been able to achieve with this legislation,” Sweeney said in a written statement.

A spokesman for Christie, Michael Drewniak, said the governor had no comment on the sunset provision or the broader proposal. Christie has spent the last 18 months as governor making his case for overhauling what he has contended are overly lavish pension and health benefits for the state’s public employees, often resorting to blunt criticism of them, their union leaders and Democratic lawmakers.

Sweeney and Christie recently agreed on a plan that shifts more of the costs of pensions and health benefits to public workers in the form of increased contributions, along with pushing back the retirement age and freezing cost-of-living adjustments for retirees. Leaders of the state’s public unions have mounted a fierce opposition to the proposal, urging members to reach out to legislators, lobbying in the halls of the Statehouse and issuing blistering news releases questioning lawmakers’ commitment to collective bargaining.

Sweeny has decided to bring the bill to the Senate floor despite lack of support from Democrats, and will rely on Republicans to approve the measure. Facing similar opposition, Oliver has said she will not move the bill without “significant” support from Assembly Democrats, and it’s unclear whether the sunset provision has resulted in enough support to overcome that self-imposed threshold.

The sunset provision may attract lawmakers who were on the fence, but it will probably do little to persuade staunch supporters of collective bargaining, like Assemblywoman Bonnie Watson Coleman, whose district includes many state employees. “Any legislative attempt to erode the rights of public workers is a mistake,” said Watson Coleman.

Tags: Articles, Benefits, Christie, health benefits, health care, health care reform, legislation, Oliver, Pension, pension reform, provision, reform, sunset, sunset provision, Sweeney
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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.

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