Bill Text: NJ ACR208 | 2010-2011 | Regular Session | Introduced

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Bill Title: Proposes constitutional amendment clarifying Legislature's authority to pass laws requiring contributions from justices' and certain judges' salaries to help fund employee benefits.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2011-11-21 - Introduced, Referred to Assembly Judiciary Committee [ACR208 Detail]

Download: New_Jersey-2010-ACR208-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 208

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED NOVEMBER 21, 2011

 

 

Sponsored by:

Assemblywoman  AMY H. HANDLIN

District 13 (Middlesex and Monmouth)

Assemblywoman  CAROLINE CASAGRANDE

District 12 (Mercer and Monmouth)

 

Co-Sponsored by:

Assemblyman O'Scanlon and Assemblywoman Angelini

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment clarifying Legislature's authority to pass laws requiring contributions from justices' and certain judges' salaries to help fund employee benefits.

 

CURRENT VERSION OF TEXT

     As introduced.

  

A Concurrent Resolution proposing to amend Article VI, Section VI, paragraph 6 of the New Jersey Constitution.

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article VI, Section VI, paragraph 6 to read as follows:

     6.    The Justices of the Supreme Court and the Judges of the Superior Court shall receive for their services such salaries as may be provided by law, which shall not be diminished during the term of their appointment, except for deductions from such salaries for contributions established by law from time to time for pensions, health benefits, and other benefits.  They shall not, while in office, engage in the practice of law or other gainful pursuit.

(cf: Art. VI, Sec. VI, par. 6)

 

     2.    When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

 

     3.    This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a.     In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

     b.    In every municipality the following question:

 

		CONSTITUTIONAL AMENDMENT TO ALLOW CONTRIBUTIONS TO BE DEDUCTED FROM JUSTICES' AND JUDGES' SALARIES TO HELP FUND THEIR EMPLOYEE BENEFITS
	YES	Do you approve an amendment to the New Jersey Constitution, as agreed to by the Legislature, to allow deductions from the salaries of Supreme Court Justices and Superior Court Judges for contributions set by law to help fund their employee benefits?
		INTERPRETIVE STATEMENT
	NO	This amendment clarifies the Legislature's authority to pass laws that require contributions to be deducted from the salaries of Supreme Court Justices and Superior Court Judges to help fund their employee benefits.  These benefits include their pension and health care coverage.    The amendment would also allow for contributions set by a law passed in 2011, P.L.2011, c.78, to be deducted from justices' and judges' salaries following approval.

 

SCHEDULE

 

     This constitutional amendment shall become part of the New Jersey Constitution immediately upon approval by the voters, and shall make the benefit contribution requirements of P.L.2011, c.78 (C.43:3C-16 et al.) applicable to all current and future Justices of the Supreme Court and Judges of the Superior Court as of that date.

 

 

STATEMENT

 

     This constitutional amendment clarifies the Legislature's authority to enact laws that require contributions deducted from the pay of Supreme Court Justices and Superior Court Judges to help fund their employee benefits, which include their pension and health care coverage.  The amendment specifically concerns these justices and judges, as only their salaries are referenced and protected from reduction, during their terms of appointment, under the current provisions of Article VI, Section VI, paragraph 6 of the New Jersey Constitution.

     The amendment responds to a question raised in a 2011 lawsuit, DePascale v. State, MER-L-1893-11 (Law. Div., filed July 21, 2011), filed after the Legislature passed and the Governor signed into law P.L.2011, c.78 (C.43:3C-16 et al.).  That law required higher benefit contributions deducted from the pay of current and future Supreme Court Justices and Superior Court Judges (as well as other public employees), starting in October 2011.  The lawsuit argued for stopping the higher contributions with respect to current justices and judges, who were already appointed, citing to the Constitution's Article VI, Section VI, paragraph 6, which states that salaries for justices and judges "shall not be diminished during the term of their appointment."

     The amendment adds language to that provision to clarify that benefit contributions may be deducted from justices' and judges' salaries during their terms, as set from time to time by law.  It retains the protection against reductions in their actual statutorily determined salaries, which the sponsors believe is intended to protect justices and judges from retaliation for their judicial actions, not to protect them from making fair contributions toward the cost of their employee benefits.

     The amendment would become part of the New Jersey Constitution immediately upon approval by the voters, and make the benefit contribution requirements of P.L.2011, c.78 (C.43:3C-16 et al.) applicable to all current and future justices and judges as of that date.