NJ Cops Nov18 | Page 12

Can we finally negotiate lower health insurance contributions? Do we now have the authority to negotiate lower health insurance contributions under Chapter 78? That is the question many PBA Locals and many law enforcement officers are now asking as they complete the four years of escalating contributions required by Chapter 78. For most, the answer is yes. Most jurisdic- tions have completed the maximum level by this time. Under the current state of the law, if the four-year progression to reach the maxi- mum contribution level has been completed, Locals have the right to negotiate for lower contribution levels if the collective bargaining agreement un- der which you completed the fourth year has expired or will ex- pire. Of course, whether a Local will be successful in negotiating lower contribution levels depends upon a variety of different factors. It is important to understand the background. Under Chap- ter 78, health insurance contributions increased each year un- til the maximum level of contributions was reached after four years. The maximum for most law enforcement officers is 35 percent of the cost of coverage. A number of questions arose under these provisions of Chapter 78: Were law enforcement of- ficers required to complete the fourth year at the maximum lev- 12 NEW JERSEY COPS ■ NOVEMBER 2018 el before negotiations could take place or was it at the start of the fourth year? If the fourth year of contributions was reached during the term of an existing contract, could negotia- tions take place before the expiration of the contract? If the fourth year was reached or completed after the expiration of an existing contract and during what would be the term of the next contract, could the Local negotiate for lower contribution levels after the fourth year was reached? PERC answered these questions in an un- fortunate 2015 decision involving the Clem- enton Board of Education. In that case, the board and education association were parties to an agreement which was effective from July 1, 2011 through June 30, 2014. The fourth year of the Chapter 78 contributions began on July 1, 2014, which would have been the first year of a successor agreement. The agree- ment that expired on June 30, 2014 included a provision set- ting employee health insurance contributions at 1.5 percent of base salary, which was the contribution level set by the statute in effect before Chapter 78. This contractual language did not change after Chapter 78 took effect in June 2011. The education association argued that the contribution levels should automatically revert to 1.5 percent of base salary once