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Christie calls ruling 'outrageous and self-serving'

BY TOM HESTER SR.

NEWJERSEYNEWSROOM.COM

Gov. Chris Christie Monday night called “outrageous, self-serving” a judge’s decision earlier in the day that the state’s new pension and health benefits’ plan is unconstitutional as it applies to Superior Court judges and Supreme Court justices.

Assignment Judge Linda Feinberg, sitting in Trenton, ruled the increased health benefits and pension contributions that Christie and Democratic legislative leaders put into effect on June 28, are unconstitutional as it applies to the judges because it amounts to a reduction in their salaries.

The ruling does not affect state and local public employees, including teachers, police and firefighters, who are now paying the increased costs.

“This outrageous, self-serving decision, where a judge is protecting her own pocketbook and those of her colleagues, is why the public has grown to have such little faith in the objectivity of the judiciary,” Christie said.

“These political appointees, who are the most lavishly paid public workers, with the richest lifetime benefits, have now had one of their own rule that they are above the law and should be treated preferentially. We trust that the Supreme Court will reverse this ridiculous decision and find that judges should have to pay their fair share, just like every other public employee.”

Superior Court Judge Paul DePascale brought the legal challenge in July after Christie approved the legislation that raised public employee pension contributions from 3 percent to 12 percent of their annual salaries and requires them to pay 35 percent of their health care premiums.

In a lengthy ruling, Feinberg held the increased contributions are a diminution of DePascale’s salary.

"Contributions to pension and benefits which are deducted from a judge’s paycheck directly relate to the amount of salary paid to that judge," Feinberg declared. "These contributions are no different than paid vacation, sick and personal time off."

DePascale, who earns $165,000 annually, argued his health benefits contribution would more than double to $5,230.86 and his biweekly pension deductions would go from $126.44 to $697.59 under the new benefit standards.