As reported by njspotlight.com, despite his threat to take “extreme measures” to control rising pension costs, Governor Chris Christie does not have the power to declare a fiscal “state of emergency” to make unilateral changes to the pension system, nor does New Jersey have the ability, like Detroit, to declare bankruptcy to get out from
Safety
State’s Failure To Make Full Pension Payments Hinders Fund
By Donald C. Barbati on
Posted in Uncategorized
As reported by nj.com, public pension funds may have gotten a much-needed boost from Governor Chris Christie’s landmark overhaul last year, but reports released show the funds continue to be hampered by the State’s failure to make full payments into the plans.
Christie and Democratic leaders joined together last year and shifted …
Deal to Change NJ Public Workers’ Pensions, Benefits Is Struck by Christie, Sweeney
By Donald C. Barbati on
Posted in Uncategorized
As reported by nj.com, public workers would pay more for their pension and health benefits under a deal struck between Governor Chris Christie and Senate President Stephen Sweeney. Under the deal, most public workers would immediately pay an additional 1 percent of their salaries for their pensions, while police and firefighters would pay …
Potential for Reimbursement of Wages Received During Period of Suspension
By Frank M. Crivelli on
Posted in Civil Service Appeals, Public Employee Discipline
On March 20, 2009, the United States District Court for the District of New Jersey decided the case of Wade v. Colaner. In the case, plaintiff, a Tinton Falls police officer, was pulled over by New Jersey State Troopers for speeding. Plaintiff was subsequently charged with careless driving, obstruction of administration of law, and resisting arrest. On…
Defense to Lawsuit Arising Out of Action During Side-Business Not Subject to Reimbursement
By Frank M. Crivelli on
Posted in Public Employment Labor Law
On March 16, 2009, the Appellate Division decided Siaw v. Valenzuala. In the case, Defendant Diomedes Valenzuala, a police officer, appealed from the judgment of the trial court denying his claims against his former employer, the Township of Irvington, for indemnification pursuant to N.J.S.A. 40A:14-155 in connection with his defense of a lawsuit against…
Freedom of Association Claim Permitted to Go Forward
By Frank M. Crivelli on
Posted in Public Employment Labor Law
On February 3, 2009, the United States Court of Appeals for the Third Circuit decided the case of LaPosta v. Borough of Roseland. In the case, plaintiff, Joseph LaPosta, a police officer, alleges Defendants, the Borough of Roseland and its Police Chief, retaliated against him after he attempted to join a police organization of which…
Arrest of Undercover Agent Gives Rise to Various Claims
By Frank M. Crivelli on
Posted in Public Employment Labor Law
In Frohner v. City of Wildwood, the United States District Court for the District of New Jersey addressed a very unusual and interesting factual scenario. The lawsuit asserted numerous claims arising out of the arrest and handcuffing of plaintiff, an undercover FBI agent, by defendants, local police officers. Defendants suspected plaintiff was a motorcyclist impersonating …
Overview of PERS, TPAF, SPRS & JRS
By Frank M. Crivelli on
Posted in Retiree Benefits
Recently, it has come to our attention that many individuals aside from Public Safety Officers utilize this website as a reference guide for the various pension systems available to individuals employed by municipalities, counties, and the New Jersey state government. As such, this entry will focus upon a few of these pension systems and help our readers understand their background, membrship, and administration.
Overview of the Various Pension Systems
Public Employees Retirement System
The State of New Jersey established the Public Employees Retirement System (“PERS”) in 1955 after repeal of the laws that created the former State Employees Retirement System. Like the Police and Firemen’s Retirement System (“PFRS”), the New Jersey Division of Pensions and Benefits is assigned all administrative functions of the retirement system except for investment of the assets.
The PERS Board of Trustees has the responsibility for the proper operation of the retirement system. The Board consists of six (6) employee representatives, the State Treasurer, and two (2) individuals appointed by the Governor with advice and consent of the Senate. The Board meets monthly to conduct its business.
Membership in the retirement system is generally required as a condition of employment for most employees of the State or any county, municipality, school district, or public agency. Generally, an employee is required to enroll in PERS if:
· They are employed on a regular basis in a position covered by Social Security;
· Their annual salary is $1,500.00 or more; and
· They are not required to be a member of any other State or local government retirement system on the basis of the same position which gives them membership in PERS.
Teachers Pension and Annuity Fund
The Teachers Pension and Annuity Fund (“TPAF”) was established in 1919 and completely reorganized in 1955. The New Jersey Division of Pensions and Benefits is assigned all administrative function of the retirement system except for investment of the assets.Continue Reading Overview of PERS, TPAF, SPRS & JRS
Extension of Effective Date for New IRS Regulations
By Frank M. Crivelli on
Posted in Retiree Benefits
After much concern regarding the new Treasury Regulations promulgated by the Internal Revenue Service (“IRS”) and their potential impact on members of government pension plans, the IRS and the Treasury intend to extend the date by which a governmental plan must comply with final regulations on distributions from a pension plan upon attainment of …