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DEPASCALE v. STATE

A-34 September Term 2011, 069401

47 A.3d 690 (2012)

211 N.J. 40

Paul M. DEPASCALE, Plaintiff-Respondent, v. STATE of New Jersey, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 24, 2012.

Attorney(s) appearing for the Case

Robert T. Lougy , Assistant Attorney General, argued the cause for appellant ( Jeffrey S. Chiesa , Attorney General of New Jersey, attorney; Mr. Lougy and Jean P. Reilly , on the briefs).

Justin P. Walder argued the cause for respondent (Walder, Hayden & Brogan, attorneys; Mr. Walder , Barry H. Evenchick , and Leigh-Anne Mulrey , Roseland, of counsel and on the briefs).

Susan A. Feeney , President, argued the cause for amicus curiae New Jersey State Bar Association.

Justices LaVECCHIA and ALBIN, and Judge WEFING (temporarily assigned) delivered the opinion of the Court.

On June 28, 2011, the Pension and Health Care Benefits Act (Chapter 78) was enacted into law, L. 2011, c. 78 — a law that applies to all public employees, including Supreme Court justices and Superior Court judges then in service. Article VI, Section 6, Paragraph 6 of the New Jersey Constitution provides that justices and judges "shall receive...

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