Pension Crisis

As reported by NJ.com, Gov. Chris Christie on Thursday signed a bill that will require the state to make quarterly payments to New Jersey’s ailing public worker pension system.

The bill is a reworked version of a measure Christie twice vetoed.

The new law will require governor to make pension payments on a quarterly basis by Sept. 30, Dec. 31, March 31 and June 30 of each year, instead of at the end of the fiscal year in June. In exchange, the pension fund would reimburse state treasury for any losses incurred if the state has to borrow money to make a payment.

State lawmakers voted overwhelmingly last month to approve the measure. It cleared the state Senate by a 35-0 vote and the state Assembly 72-0.

The legislation (S2810) resembled a provision of a proposed constitutional amendment that would have required the state to make a full pension payment suggested by actuaries each year.

However, Senate President Stephen Sweeney (D-Gloucester), who pushed the amendment, pulled his support for it over concerns about the state’s ability to make the payment which drew outrage from public worker unions.

On Thursday, Sweeney said making pension quarterly pension payments “will provide greater stability to state finances, produce ongoing savings for the taxpayers and help make the pension funds more secure.m A scheduled timetable for making the already-required payments will help correct the costly and irresponsible mistakes of the past when contributions were delayed, deferred or ignored altogether.”

In his 2014 veto of the bill, Christie called it “an improper and unwarranted intrusion upon the longstanding executive prerogative to determine the appropriate timing of payments” so those expenditures line up with tax collection cycles.

But the change in the bill to have the pension fund pick up the cost of borrowing if needed may address the governor’s previous concerns.

Hetty Rosenstein, state director Communications Workers of America, praised the bill, but stressed she’s focused on demanding the state make full payments.

“CWA supports quarterly pension payments,” she said. “However, unless the full amount due to the plan is appropriated, quarterly payments are meaningless. History shows we simply cannot rely on the word of the governor or Legislature when it comes to the pension.”

Last month, the state’s credit rating dropped for a record 10th time during Christie’s administration.

Standard and Poor’s Global Ratings lowered the state’s rating from “A” to “A-“. The move comes after the rating agency revised its outlook for New Jersey from stable to negative over concerns with the declining pension funding levels and rising retirement liabilities.

Decades of underfunding have weakened the pension system, as have more recent poor investment returns. The fund lost 0.87 percent in the fiscal year that ended in June, based on unaudited figures, and investment returns in the year before were 4.16 percent.

As of July 1, 2015, New Jersey’s state and local pension funds have just 37.5 percent of the funding it needs to pay for future benefits. That is based on new reporting standards that require the state to project lower investment returns and had bleak consequences for the state’s estimates.

New Jersey joins California, Indiana, North Carolina and Pennsylvania in states that have rules requiring quarterly pension payments.

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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.