As reported by NJ.com, a key State Senate Committee approved legislation to ask voters to revise the New Jersey Constitution to require the State to ratchet up contributions to the public pension system.  The Senate Budget and Appropriations Committee cleared the resolution along party lines, with Republicans’ opposition rooted in protecting taxpayers from severe spending cuts or tax hikes if the State economy is sluggish. Democrats, who control both houses, don’t need Republican support to put the question on the ballot.  Governor Chris Christie also has no say in referendums.

If it wins voter approval next fall, the constitutional amendment would make annual payments for government workers’ pensions mandatory and remove it from the annual budget appropriations process.  It’s a guarantee public workers had thought they secured under a 2011 pension reform law that committed the State to gradually paying more over seven years until it was making the full contribution recommended by actuaries.  But the State Supreme Court ruled in June that the Legislature couldn’t be bound in that way.

State Senate President Stephen Sweeney introduced legislation Monday that would give government workers’ pensions the constitutional protection that has eluded them and sunk the pension fund deeper into debt.  In short, Sweeney’s resolution is an answer to the Supreme Court’s ruling, replacing what he said turned out to be an empty promise with a constitutional one.

Trenton is gridlocked over how to repair a public pension system that is $40 billion short on what it would cost to pay for future benefits.  Christie has called for a sweeping overhaul of all worker retirement benefits, while Democrats and labor leaders demand proper funding from the State.  Sweeney introduced the resolution, saying the State needs to keep that promise to the 800,000 current and retired workers counting on this retirement income, and warning that failing to act now will have deleterious effects later.  Sweeney also said he was confident that New Jersey’s economic expansion will give the State the money it needs to make the payments.

The proposed amendment reads:  “Do you approve amending the constitution to require the State to make its payment to the pension systems for public employees each year and to establish in the constitution the rights of public employees vested in these pension systems to receive earned pension benefits?  The State would have until July 1, 2021 to start making each year’s pension payment in full.  Until then, the State would make a partial, but increasing, payment each year.  The payment would be make on a quarterly basis.”

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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.