As reported by NJ.com, nearly 10 percent more government workers retired in the first seven months of the year than in the same period last year, a rise some labor leaders say is a response to Governor Chris Christie’s overtures toward cutting benefits.  More than 13,000 public employees retired through July, compared with fewer than 12,000 in 2014, and the increase was concentrated among state workers and public safety employees, state data shows. ” Every time this governor opens his mouth and comes out with a new report or threatens a new report…he scares our guys right to the retirement line,” said Ed Donnelly, president of the New Jersey State Firefighters’ Mutual Benevolent Association.

In February, Christie threw his support behind a sweeping set of recommendations for government workers’ health and retirement benefits.  The Republican Governor, who was gearing up for his then all-but-certain presidential campaign, said the State’s exploding worker benefits costs compelled him to take benefits on for a second time.  Six months later, Christie’s “roadmap” hasn’t taken off, but it wasn’t completely without consequence, New Jersey labor leaders say.  Christie’s efforts to say the State billions by cutting benefits sowed fear among state employees and sent some rushing to retire sooner than they’d otherwise planned, they said.

“I can speak for the cops.  The cops are nervous,” said Patrick Colligan, president of the New Jersey State Policemen’s Benevolent Association.  “And the guys who have put in their time are afraid that something else is coming down the road.”  “The fear is that he’ll legislate something that will affect people while they’re still here,” Colligan said.  “That’s why people have their fingers on the retirement button, people who are eligible by not ready to go.”

Through the first seven months of this year, the number of workers who have retired or notified the State of their plans to retire is up 9.6 percent from the same period in 2014.  If retirements continue at that pace, which is uncertain, nearly 19,500 workers could exit-a level on par with 2011. To Donnelly, the date merely affirms what he already knew:  “If you (compare) the number of retirements to where we were legislatively or politically, those numbers rise and fall based on the stability of pensions and benefits.”

Please continue to check this blog periodically regarding any proposed changes to health and retirement benefits.  Undoubtedly, any such proposed changes will have an enormous impact on all New Jersey Public Safety Officers going forward.

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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.