Search Rutgers Law Library N.J. Court Opinions

1 IN THE MATTER OF NEW BRUNSWICK MUNICIPAL EMPLOYEES ASSOCIATION -- rank: 1000

... the City, depending on when they were hired. 1 See N.J.S.A. 40A:10-23 (granting municipality discretion 1 The provision provides in pertinent part ... 18A:16-17; N.J.S.A. 40A:10-21; N.J.S.A. 40A:10-23(b); N.J.S.A. 52:14-17.28b(c ... to assume the costs of health coverage for its retirees, N.J.S.A. 40A:10-23 (Section 23). Section 23, which applies principally to counties and ... cost of [health insurance] coverage for themselves and their dependents.' N.J.S.A. 40A:10-23(a). The statute, however, has also long permitted local governmental ... 299 N.J. Super. 600, 603, 606 (App. Div.) (interpreting N.J.S.A. 40A:10-23 to permit local governments to assume only part, as well ... covered by the statute. L. 2010, c. 2, § 15; N.J.S.A. 40A:10-23(a). That change, which codified the holding in Fair ...

docket:	a1041-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-02
status:	published
citation:	453 N.J.Super. 408 182 A.3d 394
Document Size:	74303

2 Middletown Township PBA Local 124 v. Township of Middletown -- rank: 956

... the Court must determine the meaning of certain language in N.J.S.A . 40A:10-23 (section 23), a statute that authorizes the discretionary grant of ... Supreme Court granted the Township’s petition for certification. HELD: N.J.S.A. 40A:10-23 grants municipalities discretion to assume the cost of retiree’s ... consolidated appeals is the meaning of the following language in N.J.S.A. 40A:10-23, a statute authorizing the discretionary grant of health benefits to ... and set forth in an ordinance or resolution as appropriate . . . . [ N.J.S.A. 40A:10-23.] Here, the Township of Middletown challenges an arbitrator’s award ... government service credits. The Township’s primary thrust is that N.J.S.A. 40A:10-23 requires a resolution or an ordinance to be enacted before ... disagreed and confirmed the award and the Appellate Division affirmed. N.J.S.A. 40A:10-23 grants municipalities discretion to assume the cost of a ...

docket:	a-98-06
court:
decided:	2007-12-03
status:
citation:	193 N.J. 1
Document Size:	75321

3 ALFRED J. PETIT-CLAIR, JR v. CITY OF PERTH AMBOY -- rank: 923

... was equitably estopped from denying him benefits, and barred by N.J.S.A. 40A:10-23 from treating part-time employees differently from full-time employees ... time and full-time employees. After noting its authority under N.J.S.A. 40A:10-23, the resolution stated: NOW, THEREFORE, IT IS HEREBY RESOLVED BY ... time. The May 2009 ordinance states: SECTION 2. Pursuant to N.J.S.A. 40A:10- 23, the City will assume the premium cost of the controlling ... distinction between classes of employees violated the uniformity requirement in N.J.S.A. 40A:10-23(a).4 The trial court granted the City summary judgment ... irregular exercise of its delegated powers. The plain language of N.J.S.A. 40A:10-23 grants municipalities broad discretion in providing retiree health benefits. The ... as the governing body of the local unit shall prescribe.' N.J.S.A. 40A:10-23. 8 A-2049-14T2 coverage. Judge Ciuffani reasoned, just ...

docket:	a2049-14
court:	NJ Superior Court Appellate Division
decided:	2018-09-07
status:	Unpublished
citation:
Document Size:	54419

4 MIDDLETOWN TOWNSHIP PBA LOCAL 124 v. TOWNSHIP OF MIDDLETOWN -- rank: 898

... determine whether the "ordinance or resolution as appropriate" requirement of N.J.S.A. 40A:10-23 mandates that a specific ordinance be adopted by a municipality ... union satisfies the "ordinance or resolution as appropriate" requirement of N.J.S.A. 40A:10-23. Therefore, a specific ordinance is not required. In these consolidated ... without awareness of the contradicting requirements of the then-existing N.J.S.A. 40A:10-23. After Bradshaw's retirement, paid retirement health insurance coverage continued ... 1992, and 1993-1995 PBA's and SOA's CBAs. N.J.S.A. 40A:10-23 was amended in 1995 to permit a municipality to change ... both understood and incorporated the existent state of law under N.J.S.A. 40A:10-23, which, at that time, permitted a municipality to provide paid ... were ignorant of the scope or reach of then existing N.J.S.A. 40A:10-23, and in that cloud of ignorance, negotiated a guarantee ...

docket:	a3380-04
court:	njappellate
decided:	2006-11-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	66829

5 POINT PLEASANT BOROUGH PBA LOCAL #158 v. BOROUGH OF POINT PLEASANT -- rank: 898

... D. This matter requires us to determine the effect of N.J.S.A. 40A:10-23, governing the discretionary payment by the employer of premiums for ... Local No. 158, governing payments for hospital and medical insurance. N.J.S.A. 40A:10-23, as amended in 1995, provides in relevant part: Retired employees ... the local unit shall prescribe. Prior to the 1995 amendment, N.J.S.A. 40A:10-23 provided: The employer may, in its discretion, assume the entire ... one year prior to the passage of the amendment to N.J.S.A. 40A:10-23 Borough of Point Pleasant enacted Ordinance § 14-19, governing retirement ... of the ordinance were not modified after the amendment of N.J.S.A. 40A:10-23, stating that, in accordance with the statute "the maximum number ... its] ordinance so as to bring it into compliance with N.J.S.A. 40A:10-23." It was noted that there were several officers who ...

docket:	a4416-08
court:	superior court appellate division
decided:	2010-03-24
status:	published
citation:	412 N.J. Super. 328 990 A.2d 693
Document Size:	65717

6 Middletown Township Policemen's Benevolent Association Local No. 124 v. Township of Middletown -- rank: 846

... remove any ineligible employees and retired employees. Loigman cited to N.J.S.A. 40A:10-23, which provides that retired municipal employees are required to pay ... for that conclusion is found in the 1995 amendments to N.J.S.A. 40A:10-23, which gave employers the discretion to grant benefits to retiring ... contended that Beaver received post-retirement health benefits contrary to N.J.S.A. 40A:10-23, which provided, in part, that “[r]etired [municipal] employees shall ... the entire cost of coverage for themselves and their dependents.” N.J.S.A. 40A:10-23 (1988). However, the statute also stated that “[t]he employer ... retired . . . after 25 years or more service with the employer .” N.J.S.A. 40A:10-23 (1988)(emphasis added). According to Loigman, Beaver had not satisfied ... the secondary sense. III.     Prior to its amendment in 1995, N.J.S.A. 40A:10-23 permitted a State or municipal employer to pay health ...

docket:	a-116-98
court:	njsupreme
decided:	2000-02-09
status:
citation:	162 N.J. 361
Document Size:	43045

7 FAIR LAWN RETIRED POLICEMEN V. BOROUGH OF FAIR LAWN -- rank: 737

... order dated May 16, 1996 striking down, as violative of N.J.S.A. 40A:10-23, a 1988 Borough of Fair Lawn ordinance which established a ... holding that the 1988 ordinance was invalid in derogation of N.J.S.A. 40A:10-23.     Ordinance No. 1077, adopted March 25, 1975, provided in part ... guidelines for municipalities and counties participating in group insurance programs. N.J.S.A. 40A:10-23 provides:             Retired employees shall be required to pay for the ... for eligible retirees does not conform to the requirements of N.J.S.A. 40A:10-23." Plaintiff's motion for partial summary judgement was denied on ... judge ruled that portions of Ordinance No. 1414-88 violated N.J.S.A. 40A:10-23 and must be stricken. He concluded that "all retirees must ... it affects the majority of plaintiff's group, consistently with N.J.S.A. 40A:10-23. We therefore reverse all but the requirement for twenty- ...

docket:	a5514-95
court:	njappellate
decided:	1997-04-11
status:	published
citation:	299 N.J.Super. 600
Document Size:	17144

8 CITY OF PLAINFIELD v. PBA LOCAL 19, PBA/SOA - -- rank: 726

... a 1.5 percent floor when read in conjunction with N.J.S.A. 40A:10-23(b), which also imposes a minimum 1.5 percent contribution ... that retirees were not charged both 1.5 percent under N.J.S.A. 40A:10-23(b) and a second 1.5 percent under Chapter 78 ... retiree, if applicable to that retiree, under subsection b. of N.J.S.[A.] 40A:10-23. A retiree who pays the contribution required under this subsection ... percent of the monthly retirement allowance under subsection b. of N.J.S.[A.] 40A:10-23. [ N.J.S.A. 40A:10-21.1(b)(3 ... obligated to make a minimum 1.5 percent contribution under N.J.S.A. 40A:10-23(b) (i.e. they were hired after May 10, 2010 ...

docket:	a4435-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-18
status:	Unpublished
citation:
Document Size:	23710

9 ROBERT C. BROWN V. TWP. OF OLD BRIDGE -- rank: 715

... health benefits at the discretion of the Council, pursuant to N.J.S.A. 40A:10-23.         6.     Payment of all accrued vacation, sick time, holiday and ... firemen's retirement system). On the date of his retirement, N.J.S.A. 40A:10-23 (Payment of premiums after retirement) provided that "[t]he employer ... satisfy the prerequisites for a `special retirement' pension pursuant to N.J.S.A. 40A:10-23 as it existed when [the plaintiff] retired." Ibid. Thus, we interpreted N.J.S.A. 40A:10-23 to require twenty-five years of actual service. Id. at ...

docket:	a0522-97
court:	njappellate
decided:	1999-03-19
status:	published
citation:	<a href=
Document Size:	95312

10 SOUTH AMBOY PBA LOCAL 63 v. THE CITY OF SOUTH AMBOY -- rank: 666

... also contends that the award requires it to vio- late N.J.S.A. 40A:10-23, necessitating vacation of the award under Middletown Twp. Policemen's ... to do so by virtue of A-1089-08T3 10 N.J.S.A. 40A:10-23. Ibid. The version of the statute in effect when the ... of the local unit shall prescribe. [Id. at 369 (quoting N.J.S.A. 40A:10-23, because it permitted (in fact, required) benefits to be paid ... County's attempt to rescind retiree medical benefits based on N.J.S.A. 40A:10-23. That statute at the time in issue was identical to ... Supreme Court considered the effect of the current version of N.J.S.A. 40A:10-23 adopted in 1995 on medical-expense benefits in Middletown II ... which was an appeal from an order confirming an arbitration N.J.S.A. 40A:10-23 currently provides: award. Retired employees shall be required to ...

docket:	a1089-08
court:	superior court appellate division
decided:	2010-01-05
status:	unpublished
citation:
Document Size:	37651

11 Wolfersberger v. Borough of Point Pleasant Beach -- rank: 636

... Borough employment. As of the date of Wolfersberger's retirement, N.J.S.A. 40A:10-23 required that retired employees pay the entire cost of medical ... to such payment, pursuant to the collective bargaining agreement and N.J.S.A. 40A:10-23. According to Wolfersberger, the phrases “twenty-five (25) years of ... and “25 years' or more service with the employer” in N.J.S.A. 40A:10-23 should both be read to include the two years of ... service toward the twenty-five years of service required by N.J.S.A. 40A:10-23 as it existed when Wolfersberger retired. According to the court ... 11 imposes no direct financial burden on the employer, whereas N.J.S.A. 40A:10-23 authorizes a municipality to assume a financial burden.     The Appellate ... further held that the legislative history to the amendment to N.J.S.A. 40A:10-23, requires that the statute be interpreted as limiting a ...

docket:	a-16-97
court:	njsupreme
decided:	1997-10-22
status:
citation:	148 N.J. 459
Document Size:	17112

12 COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO v. STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY STATE HEALTH BENEFITS COMMISSION -- rank: 631

... previously granted to the subject employees on the basis that N.J.S.A. 40A:10-23 mandates that all retirees of the county receive uniform treatment ... Ibid. The Court first determined that the statute at issue, N.J.S.A. 40A:10-23, did not bar the continued payment of the retirement benefits ... narrow, wholly statutory ground that the uniform application requirement of N.J.S.A. 40A:10-23 neither requires nor justifies terminating benefits afforded to the plaintiff ...

docket:	a0962-06
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-01
status:	unpublished
citation:
Document Size:	44974

13 COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO v. STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY STATE HEALTH BENEFITS COMMISSION -- rank: 631

... previously granted to the subject employees on the basis that N.J.S.A. 40A:10-23 mandates that all retirees of the county receive uniform treatment ... Ibid. The Court first determined that the statute at issue, N.J.S.A. 40A:10-23, did not bar the continued payment of the retirement benefits ... narrow, wholly statutory ground that the uniform application requirement of N.J.S.A. 40A:10-23 neither requires nor justifies terminating benefits afforded to the plaintiff ...

docket:	a2767-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-01
status:	unpublished
citation:
Document Size:	44975

14 COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO v. STATE OF NEW JERSEY DEPARTMENT OF THE TREASURY STATE HEALTH BENEFITS COMMISSION -- rank: 631

... previously granted to the subject employees on the basis that N.J.S.A. 40A:10-23 mandates that all retirees of the county receive uniform treatment ... Ibid. The Court first determined that the statute at issue, N.J.S.A. 40A:10-23, did not bar the continued payment of the retirement benefits ... narrow, wholly statutory ground that the uniform application requirement of N.J.S.A. 40A:10-23 neither requires nor justifies terminating benefits afforded to the plaintiff ...

docket:	a2803-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-08-01
status:	unpublished
citation:
Document Size:	44975

15 DAVID L. WOOD V. BOROUGH OF WILDWOOD CREST ET ALS -- rank: 612

... retired employees and their dependents, to the extent authorized by [ N.J.S.A. ] 40A:10-23." On January 1, 1993, the effective date of plaintiff's ... s medical benefits totaling $62,772.62     The Legislature amended N.J.S.A. 40A:10-23, effective June 1995. The statute now reads:             The employer may ... service credit in a State or locally administered retirement system . . . .         [ N.J.S.A. 40A:10-23 (emphasis added).]     In Wolfersberger , supra , 305 N.J. Super. 446 ... 450. We observed that, prior to the 1995 amendment to N.J.S.A. 40A:10-23 provided that anything but "service with the employer" could be ... with a municipality was tempered by the 1995 amendment to N.J.S.A. 40A:10-23, which now gives the municipal employer the discretion to grant ...

docket:	a3509-97
court:	njappellate
decided:	1999-04-01
status:	published
citation:	319 N.J.Super. 650
Document Size:	22947