As reported by nj.com, a group of state employees challenging the constitutionality of New Jersey’s new law covering pension and health benefits wants to combine their lawsuit to the one brought by a Superior Court judge. The employees said the lawsuit filed by Judge Paul DePacale was similar to the one filed on their behalf and that the two should be consolidated in challenging the pension and health benefits law that went into effect June 28.

However, lawyers for DePascale and those identified as Defendants insist the cases are not closely enough related to warrant consolidation and are asking Superior Court Judge Linda Feinberg to keep them separate. Feinberg, the assignment judge in Mercer County, is expected to issue a ruling on the request on October 5.

DePascale, the first to file suit over the state’s new pension and health benefits package, contends the changes are unconstitutional because they run counter to the state Constitution, which prohibits the salaries of Supreme Court justices and Superior Court judges from being “diminished” while in office. The new law, enacted June 28 but which will largely take effect October 14, phases in the pension contributions of judges from 3 percent to 7 percent of their annual salaries over seven years.

Judges current contribute 1.5 percent of their salaries toward health care benefits. The new law requires them to pay 35 percent of the premium cost. DePascale has said that would more than double his contribution toward health benefits to $5,230.86.

For the employees, the contributions are structured differently than those of judges. Contributions are on a sliding scale based on salary. In a seven count complaint, the employees contend the new law violates the State Constitution by denying their right to organize and present grievances through their unions. In addition, they contend the legislation unfairly creates classes of employees by requiring them to contribute different amounts for the same health benefits. They also claim the law creates an unconstitutional tax on their base salaries.

DePascale’s lawyer says the cases are only “tangentially” related and opposes the consolidation. In court papers, DePascale asserts the state Constitution addresses the salaries of judges and justices, but not other judicial employees. Attorneys for the Senate and Assembly said consolidation would be unfair because DePascale has not identified them as defendants in his lawsuit. Finally, attorneys for the State, the Treasury Department, and the State Treasurer said the cases should not be consolidated because they are seeking to dismiss DePascale’s suit, but have not taken that action against the others.

Tags: Articles, benefit reform, challenge to new pension law, consolidation, healthcare reform, lawsuit, pension reform
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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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