TEAMSTERS LOCAL 97 v. STATE

DOCKET NO. A-3274-10T3, A-3868-10T3, A-3916-10T3, A-4086-10T3

84 A.3d 989 (2014)

434 N.J. Super. 393

TEAMSTERS LOCAL 97, affiliated with the International Brotherhood of Teamsters, and Professional Firefighters Association of New Jersey, I.A.F.F., AFL-CIO, Plaintiffs-Appellants, v. STATE of New Jersey, Christopher J. Christie, as Governor of the State of New Jersey, the New Jersey Senate and its Members, Stephen M. Sweeney, as its President and as a Representative of the Individual Members of the New Jersey Senate, the New Jersey General Assembly and its Members, Sheila Y. Oliver, as its Speaker and as a Representative of the Individual Members of the New Jersey General Assembly, and Andrew P. Sidamon-Eristoff, Treasurer of the State of New Jersey, Defendants-Respondents. New Jersey State Firefighters' Mutual Benevolent Association, New Jersey State Policeman's Benevolent Association, Gloucester City FMBA Local No. 51, North Wildwood FMBA Local No. 56, Trenton FMBA Local No. 6, Kearny FMBA Local No. 18, New Brunswick FMBA Local No. 17, Belleville FMBA Local Nos. 29 and 229, Springfield FMBA Local 57, Springfield FMBA Local 57A, South Orange PBA Local No. 12, Neptune PBA Local No. 74, Essex County Sheriff's Officers PBA Local No. 183, Keyport PBA Local No. 223, Passaic County Sheriff's Officers PBA Local No. 286, Rutherford PBA Local No. 300, Paterson PBA Local No. 1 and Superior Officers Ass'n William Lavin, Robert Brower, and Anthony F. Weiners, Plaintiffs-Appellants, v. State of New Jersey, New Jersey Department of the Treasury, New Jersey State Health Benefits Commission, Andrew P. Sidamon-Eristoff, Treasurer, State of New Jersey, individually and officially, New Jersey State Senate, as a body politic of the State of New Jersey, and New Jersey State General Assembly, as a body politic of the State of New Jersey, Defendants-Respondents. New Jersey Education Association, Plaintiff-Appellant, v. State of New Jersey, Christopher J. Christie, as Governor of the State of New Jersey, New Jersey Department of the Treasury, Andrew P. Sidamon-Eristoff, Treasurer, State of New Jersey, individually and officially, New Jersey State Health Benefits Commission, New Jersey School Employees Health Benefits Commission, New Jersey State Senate, as a body politic of the State of New Jersey, Stephen M. Sweeney, as President and as a Representative of the Members of the New Jersey State Senate, New Jersey State General Assembly, as a body politic of the State of New Jersey, Sheila Y. Oliver, as its Speaker and Representative of the Members of the New Jersey General Assembly, Defendants-Respondents. New Jersey Fraternal Order of Police, Plaintiff, v. State of New Jersey, New Jersey Department of the Treasury, New Jersey State Health Benefits Commission, Andrew P. Sidamon-Eristoff, Treasurer, State of New Jersey, individually and officially, New Jersey State Senate, as a body politic of the State of New Jersey, New Jersey State General Assembly, as a body politic of the State of New Jersey, Defendants. Kearny Firemen's Mutual Benevolent Association, Local No. 18, Plaintiff, v. Town of Kearny, Defendant. Belleville Firemen's Mutual Benevolent Association, Local Nos. 29 & 229, Plaintiffs, v. Township of Belleville, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 31, 2014.


Attorney(s) appearing for the Case

James M. Mets argued the cause for appellants Teamsters Local 97 and Professional Firefighters Association of New Jersey (Mets Schiro & McGovern, LLP, attorneys; Mr. Mets , of counsel and on the brief; Brian J. Manetta , Iselin, on the brief).

David I. Fox argued the cause for appellants New Jersey State Firefighters' Mutual Benevolent Association, its locals and members (Fox and Fox, LLP, attorneys; Mr. Fox , Craig S. Gumpel , Livingston, and Jessica S. Swenson , West Caldwell, of counsel and on the brief).

Paul L. Kleinbaum argued the cause for appellants New Jersey State Policemen's Benevolent Association (Zazzali Fagella Nowak Kleinbaum & Friedman, attorneys; Mr. Kleinbaum , of counsel and on the brief; Edward M. Suarez, Jr. , Newark, on the brief).

Richard A. Friedman argued the cause for appellant New Jersey Education Association (Zazzali Fagella Nowak Kleinbaum & Friedman, attorneys; Mr. Friedman , of counsel and on the brief; Edward M. Suarez, Jr. , Newark, on the brief).

Jean P. Reilly , Deputy Attorney General, argued the cause for respondents State of New Jersey, Governor Christopher J. Christie , and Treasurer Andrew P. Sidamon-Eristoff ( Jeffrey S. Chiesa , Attorney General, attorney; Robert T. Lougy , Assistant Attorney General, of counsel; Natalia T. Chan , Deputy Attorney General, on the brief).

Leon J. Sokol argued the cause for respondents New Jersey Senate, General Assembly, Stephen M. Sweeney , and Sheila Y. Oliver (Sokol, Behot & Fiorenzo, attorneys; Mr. Sokol , of counsel; Steven Siegel , Hackensack, on the brief).

Before Judges SAPP-PETERSON, NUGENT and HAAS.


This opinion of the court was delivered by

NUGENT, J.A.D.

The issues in these consolidated appeals involve public employees of the State, its political subdivisions, and their agencies. As compensation for their services, many public employees receive, among other benefits, health care insurance and pensions. To the extent the employees are required to contribute toward their benefits, their disposable income is reduced. Yet, the money that funds employee...

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