As reported by NJ.com, State Senate President Stephen Sweeney said the answer to New Jersey’s rising public employee pension debt lies in creating a trillion dollar federal loan program that will help states avoid insolvency, spare millions of government workers from economic devastation and take the pressure off state budgets.  The government aid program, which Sweeney stressed would not be a bailout, would allow financially strapped New Jersey to shed its $50 billion unfunded liability and cut the State’s required annual pension contribution in half.

At a Statehouse news conference, Sweeney said his office has begun reaching out to the Garden State’s congressional delegation and labor interests across the country to build support.  Sweeney is attempting to spark a national revolution on behalf of the 27 states facing funding shortfalls of more than $10 billion.  Under the plan, states would be eligible to borrow about $50 billion from the Federal Reserve at 1 percent interest over 30 years.

Based on its current funding levels, New Jersey will soon be on the hook for $6 billion a year, but paying off the unfunded liability up front and investing the money from the reserve, would save the State $3 billion a year, Sweeney estimated.  To this end, Sweeney’s proposal assumes the investments yields beat the 1 percent loan interest.  For a state to sign on, it would have to get approval from the voters and pass a constitutional amendment promising to make the full payment recommended by actuaries.

While Sweeney is looking at a federal solution, his counterpart in the Assembly, Speaker Vincent Prieto, has quietly floated a plan giving the State five years to phase in the full payment.

“So far we have seen some ideas from the Assembly Democrats and now another viable idea from the Senate Democrats,” said Pat Colligan, president of the New Jersey State Policemen’s Benevolent Association.  “Our members appreciate the forward thinking.”  Wendell Steinhauer, president of the New Jersey Education Association, said the constitutional amendment would be key to preventing a backslide.  “I think (Sweeney is) playing it smart.  He’s getting the voter approval.  He’s getting the money from the biggest lender in the world.  And he’s got a financial plan to pay back 1 percent.  Who doesn’t want a 1 percent loan?” he said.

Please continue to check this blog periodically to ascertain updates regarding the proposal.

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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.