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Chapter 78, P.L., 2011 (hereinafter referred to as “Chapter 78”) went into effect on June 28, 2011, and has increased the average healthcare contributions required of public employees substantially. However, not all employees and retirees are equally effected. This article will briefly outline the effect Chapter 78 will have on newly and prospective retirees.

Chapter 78 requires all New Jersey public employees and certain public retirees to contribute toward the costs of health care benefits based upon a “sliding” percentage of the cost of coverage. Under this legislation, all active public employees will pay a percentage of the cost of health care benefits coverage for themselves and any dependents. However, lower compensated employees will pay a smaller percentage and more highly compensated employees will pay a higher percentage. In addition, the applicable employee cost associated with coverage varies based upon whether the employee has family, individual, or member with child or spouse coverage.

The healthcare contributions mandated by Chapter 78 were codified under subsection (a) of N.J.S.A. § 52:14-17.28d. Furthermore, the health care contributions required under subsection (a) commenced as follows:

(1) for employees who do not have a majority representative for collective negotiations purposes Chapter 78 went into effect on June 28, 2011; or

(2) for those employees that are members of a collective negotiations unit, Chapter 78 went into effect upon the expiration of any applicable binding collective negotiations agreement that was in full force and effect on June 28, 2011.

(See N.J.S.A. § 52:14-17.28d).

Section Forty (40) of Chapter 78 also mandated that any employee with less than twenty (20) years of creditable pension service in one or more of the public employees’ retirement systems on the effective date that Chapter 78 went into effect make a statutorily specified contribution towards the cost of his or her health insurance when in retirement. More specifically, subsection (b) (2) illustrates in detail precisely which employees will be subject to the contribution rates delineated in Chapter 78.  However, N.J.S.A. § 52:14-17.28d(b)(3) carves out an exception (or to be more precise, an exemption) for those employees who have twenty (20) or more years of creditable pension service in one or more State or locally-administered retirement systems on the effective date that Chapter 78 went into effect (June 28, 2011). The employees that are subject to the exemption shall not be subject to the significant contribution increases faced by employees that otherwise fall within the scope of subsection (b)(2) of the aforementioned statute.

In short, for those employees that have accumulated at least twenty (20) or more years of creditable service, but less than twenty-five (25) years of service, as of June 28, 2011 (Chapter 78’s effective date), the law provides that the amount these employees must pay towards healthcare is 1.5% of their retirement allowance or the amount negotiated in the collective bargaining agreement that was applicable at the time the law went into effect, so long as that agreement was not expired on the law’s effective date. Therefore, employees that fall within that category will pay the amount they are contractually obligated to pay, not the amount payable by current employees or retirees with less than twenty (20) years on the effective date of Chapter 78, nor the amount payable by those employees/ retirees with more than twenty (20) years of service credit on the statute’s effective date with expired collective bargaining agreements on said date.  With June 28, 2016 quickly approaching, there will be many employees potentially effected by this exemption now that we are post five (5) years since the statute was enacted.

 

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Photo of Michael DeRose Michael DeRose

Michael P. DeRose is a shareholder at the firm and primarily focuses his practice in labor/ employment law and other aspects of civil litigation, such as contract disputes. He has litigated and tried hundreds of matters before the Superior Court of New Jersey…

Michael P. DeRose is a shareholder at the firm and primarily focuses his practice in labor/ employment law and other aspects of civil litigation, such as contract disputes. He has litigated and tried hundreds of matters before the Superior Court of New Jersey, the Office of Administrative Law and the New Jersey Public Employment Relations Commission on behalf of various labor unions and their members. Michael has extensive experience defending and fighting for members of law enforcement and other public employees facing adverse disciplinary action, such as termination or suspension from employment. He also frequently argues before New Jersey’s Appellate Division on behalf of his clients.

A large portion of his practice is also devoted to contract negotiations on behalf of union clients, representing such clients in grievance arbitration/ contract disputes, and otherwise advising union leaders on labor and employment matters.  Michael also has significant experience in the realm of interest arbitration on behalf of the firm’s law enforcement and firefighter unions. As a result of the firm’s robust labor and employment practice, Michael regularly appears before various state agencies, such as the New Jersey Civil Service Commission, the New Jersey Division of Pensions and Benefits, the State Health Benefits Commission, and NJ PERC. In addition to representing labor unions and active employees, Michael also represents retirees before the Division of Pensions in disability retirement applications, both ordinary and accidental disability retirement, in pension forfeiture actions, and in other miscellaneous pension disputes. He also counsels private business and their principals in contract and employment law, in addition to representing their interests in civil litigation. Michael has a track record of obtaining favorable outcomes for his clients and treats each everyone of them on an individual and particularized basis in accordance with their needs.

Before joining the firm in August of 2015, Michael was an associate counsel at a civil litigation firm out in Trenton, New Jersey, where he principally focused his practice around employment law and tort claims litigation. Prior to that, he served as a law clerk in the Superior Court of New Jersey for the Honorable F. Patrick McManimon, Mercer County Vicinage, from September of 2012 to August of 2013, where he attained significant experience in the realm of alternative dispute resolution having mediated well-over one-hundred cases, primarily related to commercial and residential landlord/ tenant disputes and contract/ business litigation. He earned his Juris Doctorate in 2012 after graduating from the Western Michigan University-Thomas M. Cooley School of Law. In 2007, he earned his Bachelor of the Arts in Criminal Justice and Public Administration from Kean University where he was a member of the Kean University baseball team and vice president of the Alpha Phi Sigma chapter of the National Criminal Justice Honor Society.

Michael is admitted to the New Jersey State Bar, the United States Federal Court for the District of New Jersey, and is a member of the Mercer County Bar Association.