once the contribution requirements expired or sunsetted on July 1,
2015 as long as - and this is critical - the contract in effect on the
date of retirement would not have otherwise required them to con-
tribute. At the time Sergeant Walters retired, the contract between
the township and the SOA did not require retirees to contribute.
We further assert in the complaint that, because the contract did
not require retirees to contribute, the township violated Chapter
78 by requiring Sergeant Walters to contribute toward his health
insurance coverage.
We also assert an alternative argument in the event a court dis-
agrees with our position on this issue. We believe that Chapter 78
sets the 20 years of pensionable service threshold either on the
date Chapter 78 became effective on June 28, 2011, or on the ex-
piration of any contract which was in effect on June 28, 2011. In
other words, if a law enforcement officer did not have 20 years of
pensionable service on June 28, 2011 but reached that threshold
before a contract in effect on that date expired, that officer would
not be required to contribute toward his or her health insurance
coverage, as long as the contract did not require contributions. So,
for example, if a PBA contract in effect on June 28, 2011 did not
expire until Dec. 31, 2012, any officer who reached 20 years of pen-
sionable service on or before Dec. 31, 2012 would not be required
to contribute toward health insurance coverage in retirement. This
is the case in Hamilton. The contract in effect on June 28, 2011 did
not expire until June 30, 2013. Sergeant Walters had reached his 20
years of pensionable service after June 28, 2011, but before Dec. 31,
2013. As a result, we are contending that he is not required to con-
tribute toward his health insurance coverage for this reason as well.
We are not aware of any other lawsuits pending anywhere in
New Jersey raising these concerns. But please be aware that these
issues will not be resolved quickly. It is likely that there will be ap-
peals from any decision the Superior Court makes. We will contin-
ue to keep the State PBA and its members advised of any develop-
ments.d
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