Pension Crisis

As reported by NJ.com, Senate President Stephen Sweeney rejected calling for a crucial vote Monday on a referendum asking voters to constitutionally guarantee state payments into the government worker pension fund, killing its chances of appearing on the November ballot and disappointing public labor unions.  The likelihood that Sweeney, once the prime champion of that amendment, would hold the vote had grown increasingly slim in recent weeks as the pension question became embroiled in an impasse over transportation funding.  Monday was the deadline for the State Senate to vote to place the referendum on the fall ballot.

If approved by voters, the amendment would have required the State to make increasing contributions into the pension system, which is short about $43.8 billion, to reverse decades of underfunding. The State would have needed to drum up an additional $550 to $800 million a year to make the payments.  Sweeney has maintained that the clash over the transportation funding cast doubt over the viability of the pension amendment.  “Without a resolution to the Transportation Trust Fund crisis-and a full accounting of how much future tax cuts will cost-it would have been too easy for opponents to argue that the State could not afford to pass the pension amendment,” he said in a statement Monday afternoon.  “The pension amendment would have been doomed to defeat, and that would have given carte blanche to current and future governors to slash pension payments.”  Sweeney also noted that with a simple majority the Legislature can still put the referendum on next year’s general election ballot at no loss to public workers because the State is already complying with the payments schedule.

But labor unions have made clear they won’t tolerate another “broken promise,” holding yet another protest outside the Statehouse calling on Sweeney to post the measure.  They also cautioned they would harness their votes, manpower, and money come June, when voters are expected to have a crowded pool of Democratic primary candidates for governor, including Sweeney, to choose from.

The pension amendment was expected to spark an expensive summer fight between labor unions, who say the constitutional amendment is the only way to ensure the bill gets paid, and business groups that warned it would spur massive spending cuts or tax hikes.  For his part, Governor Chris Christie argued it would foist a $3 billion tax increase on the people of New Jersey.  Sweeney has argued the State budget could absorb the increased pension costs with modest, 3 percent, growth in State revenues.

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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.