As reported by nj.com, the Christie administration touted big savings for local governments because of pension reforms as state employees and a judge tussled over lawsuits challenging new requirements for them to pay more their benefits.

The controversial public benefits overhaul, signed by Governor Chris Christie in June, shifts a greater share of the costs onto public workers. Yesterday, the Governor’s office said local governments across New Jersey will save $267 million in pension costs, according to figures provided by the state’s Treasury Department. Supporters said the move was necessary to help save the cash-strapped pension system for future retirees and to help ease the burden on local governments. The calculation takes into account the amount local public employees pay into the fund, but does not include judges’ pensions. The largest savings, about $220 million, comes from increased contributions to the police and firefighters’ pension fund.

The benefits reforms are being challenged in court. Yesterday, a state Superior Court judge ruled a group of state employees cannot have their suit considered jointly with a judge who claims the additional contributions are unconstitutional. Assignment Judge Linda Feinberg in Trenton said the cases, one brought by Superior Court Judge Paul DePascale and another filed by seven state workers, are not similar enough to combine into one legal challenge.

After deciding against consolidating the cases, Feinberg heard arguments on whether she should block the implementation of the contribution increases for judges and justices. The new law was enacted June 28 but the pay deductions take effect October 14.

In adopting the new law, the state Legislature did not change the statute that sets judges’ salaries, Assistant Attorney General Robert Loughy said. Their salaries remain intact, but their salary deductions to pay for the benefits are increasing, he said. “If you have a mandatory pension program and that’s coming out of your salary, it’s a diminution of salary,” Feinberg challenged Loughy. “It’s a deduction from salary,” he countered.

Until now, any increases to health benefits or pension contributions for judges have been accompanied by pay increases, argued DePascale’s attorney. Judges contribute 1.5 percent of their salaries toward their health care benefits. The new law requires them to pay 35 percent of the premium cost. DePascale, who earns $165,000, has said that would more than double his contribution to $5,230.86. He also said added pension contributions would, after a phase in, increase his biweekly deductions from $126.44 to $687.59.

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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.