As reported by nj.com, a contentious bill raising pension and health benefits costs for more than half-million New Jersey government workers goes back to the state Senate one more time on Monday for a formality vote.

A provision in the main bill allowing health plans that restrict out-of-state care will be removed. The provision was seen as a plum to South Jersey political boss George Norcross III, who oversees Cooper University Hospital in Camden, minutes away from Philadelphia. It caused an uproar among public-sector union leaders, who vehemently oppose the entire piece of benefits legislation, and threatened to upend Republican support.

The main bill requires teachers, police, and other public workers to pay part of their health care premiums based on income. Their pension contributions will also rise. Proponents say higher worker contributions are necessary to shore up the underfunded retirement systems, which are shy of their eventual liabilities by $110 billion. Opponents say the pension system is underfunded mostly because the state has repeatedly skipped its annual payments. They say health insurance changes should be negotiated at the bargaining table, not legislated.

Governor Chris Christie is expected to quickly sign the legislation. The governor has already taken victory laps over the weekend, suggesting on national television that Washington could learn from New Jersey’s example when it comes to bipartisan cooperation and curbing spending by passing additional benefits costs onto public workers. 

The bill was fast-tracked through the Legislature after Christie struck a deal with Democrats and Republicans who lead the Senate and Assembly. However, it got through without the support of a majority of Democrats in either house. Debate among Assembly Democrats was especially divisive. That house approved the employee benefits bill and the supplemental measure late Thursday, after several hours behind closed doors. In the midst of that debate, Senate President Stephen Sweeney and Assembly Speaker Sheila Oliver announced that the restriction on out-of-state care would be abandoned.

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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.