As reported by NJ.com, Governor Phil Murphy’s administration is rolling back a change to New Jersey’s public worker pension system that Chris Christie slipped in during the waning days of his administration that raised government contributions by more than $800 million. The acting State Treasurer, Elizabeth Muoio, said Christie’s surprise reduction in assumed rate of return from 7.65 percent to 7 percent placed a “undo stress” on the governments that would have to find the extra cash. Muoio said she would phase in the rate cut over five years.

The State uses the assumed rate of return to calculate how much money state and local governments will need to pay out benefits to nearly 800,00 active and retired workers. Christie’s administration slashed the rate in December in a move that increased local governments’ bills by $422.5 million and the State’s by $390.3 million, according to actuary reports. If the State only contributes 60 percent of what actuaries recommend next year, as expected, the revised payment would have been $234 million higher. A spokesman for Murphy said then that Christie was “playing politics with the pension fund by rushing this decision at the 11th hour.”

The pension fund actuaries have said a 7 percent assumed rate of return is a more conservative estimate of what pension investments can achieve over the long term and is in line with other large funds. In contrast, assuming the investments will earn a high rate makes the pension fund look healthier than it really is and does not reflect the reality of the State’s investment outcomes, actuaries say. The fund returned 13 percent in the fiscal year that ended in June, but lost nearly 1 percent the year before. It returned 4.16 percent and 16.9 percent in the years prior.

Muoio said she will set the rate at 7.5 percent for the fiscal year beginning in July, otherwise known as fiscal year 2019, and fiscal year 2020. The rate will then drop to 7.3 percent for 2021 and 2022 and then finally land at 7 percent in 2023. “A gradual path to a lower rate will help mitigate the undue stress that would otherwise have been placed on local governments to address the significantly increased contributions required of them and the consequences this would have on their structural budget, reserves, and ultimately, their taxpayers,” Muoio said.

This seems to be one of the first measures taken by the new gubernatorial administration to address the pension crisis prevalent in New Jersey. As you know, the pension crisis is one of the foremost issues affecting New Jersey public employees, and most notably, public safety officers. Therefore, we are hopeful this a first step in the right direction in an effort to ensuring the pension of New Jersey Public Safety Officers remain intact. Please continue to check this blog periodically for updates regarding the pension crisis and other important issues affecting New Jersey Public Safety Officers.

Photo of Donald C. Barbati, JR. Donald C. Barbati, JR.

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.