BURGOS v. STATE

A-55 September Term 2014, 075736

118 A.3d 270 (2015)

222 N.J. 175

Christopher BURGOS, Individually and as President of the State Troopers Fraternal Association of New Jersey; James Kiernan, Individually and as President of State Troopers Non-Commissioned Officers Association of New Jersey State, Inc.; Stephen Sternik, Individually and as President of State Troopers Superior Association of New Jersey; State Troopers Fraternal Association of New Jersey, on behalf of all its present and retired members; State Troopers Non-Commissioned Officers Association of New Jersey, Inc., on behalf of all its present and retired members; and State Troopers Superior Officers Association of New Jersey, on behalf of all its present and retired members, Plaintiffs-Respondents, v. STATE of New Jersey; Christopher Christie, Governor of the State of New Jersey; Andrew Sidamon-Eristoff, Treasurer of the State of New Jersey; New Jersey State Senate; and New Jersey State General Assembly, Defendants-Appellants. and Communications Workers of America, AFL-CIO; Professional Firefighters Association of New Jersey, IAFF, AFL-CIO; New Jersey Fraternal Order of Police; American Federation of State, County, and Municipal Employees, Council 73; American Federation of Teachers New Jersey State Federation, AFL-CIO; International Federation of Professional and Technical Engineers, AFL-CIO & CLC, Local 195; Health Professional and Allied Employees, AFT, AFL-CIO; New Jersey State AFL-CIO; Sandra P. Cohen; Michael A. Justiniano; Dominick Marino; Donna Chiera; Diane Cameron; and Russell Leak, Plaintiffs-Respondents, v. Chris Christie, as Governor of the State of New Jersey; New Jersey Department of the Treasury; and Andrew P. Sidamon-Eristoff, Treasurer, State of New Jersey, Defendants-Appellants. and New Jersey Education Association; New Jersey State Policemen's Benevolent Association, Inc.; New Jersey State Firefighters' Mutual Benevolent Association; American Federation of State, County, and Municipal Employees, Council 1, AFL-CIO; Christine Sampson-Clark; Heidi Olson; Patricia Provnick; Keith Dunn; Patrick Colligan; Marc Kovar; Tim Deutsch; Kyle Hughes; John E. Murphy, Jr.; Lance P. Lopez, Sr.; the New Jersey Principals and Supervisors Association; Janet S. Zymroz; John C. Alfieri, Jr.; Hope Grant; and Rosario Capaccio, Plaintiffs-Respondents, v. State of New Jersey; Christopher J. Christie, as Governor of the State of New Jersey; New Jersey Department of the Treasury; and Andrew P. Sidamon-Eristoff, Treasurer, State of New Jersey, Defendants-Appellants. and Probation Association of New Jersey, Professional Case-Related Unit; Probation Association of New Jersey, Professional Supervisors Union; Dwight Covaleskie; Gavin Cummings; and Ellen Cribbin, Plaintiffs-Respondents, v. State of New Jersey; Christopher J. Christie, as Governor of the State of New Jersey; New Jersey Department of the Treasury; and Andrew P. Sidamon-Eristoff, Treasurer, State of New Jersey, Defendants-Appellants.

Supreme Court of New Jersey.

Decided June 9, 2015.


Attorney(s) appearing for the Case

Jean P. Reilly , Assistant Attorney General, argued the cause for appellants ( John J. Hoffman , Acting Attorney General, attorney; Ms. Reilly, John P. Bender , Assistant Attorney General, Amy Chung , Jennifer McGruther , Matthew T. Kelly , George Loeser , Gabriel I. Chacon , and David M. Reap , Deputy Attorneys General on the briefs).

Steven P. Weissman and Kenneth I. Nowak , Newark, argued the cause for respondents (Weissman & Mintz, Somerset, attorneys for Communications Workers of America, AFL-CIO, American Federation of State, County, and Municipal Employees, Council 73, American Federation of Teachers New Jersey State Federation, AFL-CIO, Health Professional and Allied Employees, AFT, AFL-CIO, New Jersey State AFL-CIO, Sandra P. Cohen, Michael A. Justiniano, Diane Cameron, and Donna Chiera; Zazzali, Fagella, Nowak, Kleinbaum & Friedman, Newark, attorneys for New Jersey Education Association, New Jersey State Policemen's Benevolent Association, Inc., American Federation of State, County, and Municipal Employees, Council 1, AFL-CIO, Christine Sampson-Clark, Heidi Olson , Patricia Provnick , Keith Dunn , Patrick Colligan , Marc Kovar , and Lance P. Lopez, Sr. ; Mets Schiro & McGovern, Iselin, attorneys for Professional Firefighters Association of New Jersey, IAFF, AFL-CIO, American Federation of Teachers New Jersey Federation, AFL-CIO, and Dominick Marino; Markowitz and Richman, Haddonfield, attorneys for New Jersey Fraternal Order of Police and Russell Leak; Oxfeld Cohen , Newark, attorneys for International Federation of Professional and Technical Engineers, AFL-CIO & CLC, and Local 195; Craig S. Gumpel , Livingston, attorney for New Jersey State Firefighters' Mutual Benevolent Association, Edwin Donnelly, Tim Deutsch, Kyle Hughes, and John E. Murphy, Jr.; Robert M. Schwartz , Jamesburg, attorney for New Jersey Principals and Supervisors Association, Janet S. Zymroz, John C. Alfieri, Jr., Hope Grant, and Rosario Capaccio; and The Law Offices of Daniel J. Zirrith, attorneys for Probation Association of New Jersey, Professional Case-Related Unit, Probation Association of New Jersey, Professional Supervisors Union, Dwight Covaleskie, Gavin Cummings, and Ellen Cribbin; Mr. Weissman, Mr. Nowak, Ira W. Mintz , Trenton, Edward M. Suarez, Jr. , Adam M. Gordon , Justin Schwam , Flavio L. Komuves , Newark, and Annmarie Pinarski , Somerset, on the brief).

Michael A. Bukosky argued the cause for respondents Christopher Burgos, James Kiernan, Stephen Sternik, State Troopers Fraternal Association of New Jersey, State Troopers Non-Commissioned Officers Association of New Jersey, Inc., and State Troopers Superior Officers Association of New Jersey (Loccke, Correia & Bukosky, attorneys; Mr. Bukosky and Cory M. Sargeant , on the brief).

Robert D. Klausner , a member of the Florida bar, argued the cause for amici curiae Boards of Trustees of the Retirement Systems ( Bennet D. Zurofsky , Newark, attorney; Mr. Klausner and Mr. Zurofsky, on the brief).

Leon J. Sokol argued the cause for amici curiae Senate President Stephen M. Sweeney and General Assembly Speaker Vincent Prieto ( Sokol Behot , attorneys; Mr. Sokol and Scott E. Rekant , Hackensack, on the brief).

James Katz , Cherry Hill, submitted a brief on behalf of amicus curiae New Jersey Citizen Action ( Spear Wilderman , attorneys).


In 1997, with enactment of Chapter 113 of the Laws of New Jersey, the Legislature granted to members of the public pension funds a "non-forfeitable right to receive benefits," a right defined to mean that benefits could not be reduced once the right to them had attached. See N.J.S.A. 43...

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