Link to full legislation
http://www.nj.gov/treasury/pensions/pdf/laws/chapt78-2011.pdf
In bold print below is the relevant portion of this legislation: THAT MEMBERS NOW HAVE A FEDERAL AND STATE
CONSTITUTIONAL RIGHT BY THE BELOW STATUTORY CONVEYANCE OF CONTRACTUAL RIGHTS TO HAVE
OUR PENSIONS FULLY FUNDED BY THE STATE WHICH CANNOT BE BREACHED BY THE STATE.
THE POINT HERE IS THAT ROEDER IS ARGUING THAT IT WAS ALREADY THERE, BEFORE THE AMENDMENT.
A STATE COURT HAS RULED IT WAS NOT THERE. SO ROEDER BRINGS IT TO A FEDERAL COURT MAKING
THE SAME ARGUMENT BASICALLY. THE RESULT WILL BE THE SAME IT WAS NOT THERE UNTIL THIS
AMENDMENT.
Chapter 78, P.L. 2011
(Approved June 28, 2011)
SENATE, No. 2937
STATE OF NEW JERSEY
214th LEGISLATURE
INTRODUCED JUNE 13, 2011
Sponsored by:
Senator STEPHEN M. SWEENEY
District 3 (Salem, Cumberland and Gloucester)
Senator JOSEPH PENNACCHIO
District 26 (Morris and Passaic)
Assemblyman LOUIS D. GREENWALD
District 6 (Camden)
Assemblyman DECLAN J. O'SCANLON, JR.
District 12 (Mercer and Monmouth)
Co-Sponsored by:
Senator Beck
SYNOPSIS
Makes various changes to pension and health care benefits for public
employees.
CURRENT VERSION OF TEXT
As introduced
Chapter 78, P.L. 2011
120
1 the newly established committees in the TPAF, PERS, PFRS, and
2 SPRS.
3 With regard to employee benefits, the bill provides for increases
4 in the employee contribution rates: from 5.5% to 6.5% plus an
5 additional 1% phased-in over 7 years beginning in the first year,
6 meaning after 12 months, after the bill’s effective date for TPAF
7 and PERS (including legislators, Law Enforcement Officer (LEO)
8 members, and workers compensation judges); from 3% to 12% for
9 JRS phased-in over seven years; from 8.5% to 10% for PFRS
10 members and members of PERS Prosecutors Part; and from 7.5% to
11 9% for SPRS members. New members of TPAF and PERS will
12 need 30 years of creditable service and age 65 for receipt of the
13 early retirement benefit without a reduction of 1/4 of 1% for each
14 month that the member is under age 65. TPAF and PERS members
15 enrolled before November 1, 2008 are eligible for a service
16 retirement benefit at age 60 and members enrolled on or after that
17 date are eligible at age 62. New members will be eligible for a
18 service retirement benefit at age 65. A new PFRS member’s special
19 retirement benefit will be 60% of final compensation, plus 1% of
20 final compensation multiplied by the number of years of creditable
21 service over 25 but not over 30, instead of the current benefit of
22 65% of final compensation plus 1% for each year of service over 25
23 but not over 30.
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39 One section of the bill provides that each member of the TPAF,
40 JRS, Prison Officers' Pension Fund, PERS, Consolidated Police and
41 Firemen's Pension Fund, PFRS, and SPRS will have a contractual
42 right to the annual required contribution made by the employer or
43 by any other public entity. The contractual right to the annual
44 required contribution means that the employer or other public entity
45 must make the annual required contribution on a timely basis to
46 help ensure that the retirement system is securely funded and that
47 the retirement benefits to which the members are entitled by statute
48 and in consideration for their public service and in compensation
Chapter 78, P.L. 2011
121
1 for their work will be paid upon retirement. The failure of the State
2 or any other public employer to make the annually required
3 contribution will be deemed to be an impairment of the contractual
4 right of each employee. The Superior Court, Law Division will
5 have jurisdiction over any action brought by a member of any
6 system or fund or any board of trustees to enforce the contractual
7 right set forth in this bill. The State and other public employers will
8 submit to the jurisdiction of the Superior Court, Law Division and
9 will not assert sovereign immunity in such an action. If a member
10 or board prevails in litigation to enforce the contractual right set
11 forth in this bill, the court may award that party their reasonable
12 attorney’s fees.
13 That section also provides that the rights reserved to the State in
14 current law to alter, modify, or amend such retirement systems and
15 funds, or to create in any member a right in the corpus or
16 management of a retirement system or pension fund, cannot
17 diminish the contractual right of employees established by this bill.