As reported by NJ.com, Governor Chris Christie’s treasurer said that the administration has reached out to lawmakers to comply with a judge’s order to work together to restore $1.6 billion to this year’s pension payment, but stressed that actually doing that would mean lots of budget pain for New Jersey residents.  A State Superior Court Judge, Mary Jacobson, ruled last month that the administration and legislators must work together to come up with the cash, which Christie slashed last year to balance the budget. Christie plans to appeal the ruling, and Treasurer Andrew Sidamon-Eristoff said they’re “quite confident” in their legal position that the State can’t be forced to make the payment.  Labor unions, meanwhile, have argued the Governor broke a contract requiring him to ramp up payments into the public worker pension system.

“Coming up with $1.6 billion in the last few months of the fiscal year would impose incredible and I believe universally unacceptable impact upon our residents here in New Jersey,” Sidamon-Eristoff said.  Sidamon-Eristoff appeared before the State Assembly Budget Committee Monday afternoon on the heels of a similar 2016 budget presentation from Office of Legislative Services Budget and Finance Officer David Rosen that morning.

In that earlier hearing, Rosen said that the revenue estimates by OLS and the administration for the next year largely match up-something that’s rarely happened since Christie took office.  Rosen noted that the State’s planned pension contribution is less than what’s required under pension reform signed by Christie and that while the State “cobbled” together enough funding for transportation projects in 2016, that won’t work beyond next year.

The $1.3 billion pension payment proposed in Christie’s 2016 budget is less than half of what is required under pension reforms Christie signed. Rising pension costs make up 62 percent of new spending and pension and health care costs combined will consume 14 percent of the upcoming budget, the treasurer said.

Assembly Budget Committee Chairman Gary Schaer (D-Passaic) grilled the treasurer on the State’s debt burden and what effect eight credit downgrades has had on the State’s borrowing costs.  The State is still attractive to lenders, and any impact from those ratings drops would be negligible, he said, adding “we’ve done better than our ratings would suggest.”

Please continue to check this blog periodically to ascertain updates regarding the pension crisis and the New Jersey budget going forward.

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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.