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NEW JERSEY EDUC. ASS'N v. STATE

DOCKET NO. A-4460-07T1.

989 A.2d 282 (2010)

412 N.J. Super. 192

NEW JERSEY EDUCATION ASSOCIATION, Fred Aug, Jacqui Greadington, Martha Liebman, Diane Swaim, and Susan Wintermute, Plaintiffs-Appellants, v. STATE of New Jersey, John McCormac, former Treasurer of the State of New Jersey, Individually and Officially, Bradley Abelow, former Treasurer of the State of New Jersey, Individually and Officially, The New Jersey State Senate, as a body politic of the State of New Jersey, and the New Jersey State General Assembly, as a body politic of the State of New Jersey, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 4, 2010.

Attorney(s) appearing for the Case

Kenneth I. Nowak, Newark, argued the cause for appellants (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys; Mr. Nowak, on the brief).

Theodore VanItallie, argued the cause for respondents, State of New Jersey and the former Treasurers (Anne Milgram, Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Richard Evert, Deputy Attorney General, on the brief).

Leon J. Sokol, argued the cause for respondent, New Jersey Senate and New Jersey General Assembly (Sokol, Behot and Fiorenzo, attorneys, Hackensack; Mr. Sokol, of counsel; Steven Siegel, Kew Gardens, NY, on the brief).

Before Judges PARRILLO, LIHOTZ and ASHRAFI.

The opinion of the court was delivered by

PARRILLO, J.A.D.

Plaintiffs, the New Jersey Education Association (NJEA) and certain of its active and retired members, brought this action to redress shortfalls in the State's statutorily-mandated contributions to the Teachers' Pension and Annuity Fund (TPAF) for fiscal years (FY)1 2004 through 2007. The Law Division ruled, as a matter of law, that the State was contractually obligated...

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