In James Meyers v. State Health Benefits Commission, (New Jersey Supreme Court Slip Opinion A-27-22) (087633) the New Jersey Supreme Court examined a New Jersey public employee’s right to “free” retiree health benefits under the legal doctrine of Equitable Estoppel.  In this matter, James Meyers, was a New Jersey State Trooper that had since retired from employment.  On the date that he retired from employment (October 1, 2015), the Division of Pensions and Benefits (the Division) offered him retiree health benefits at “no premium cost” based on the Division’s interpr ..read more

Many times, individuals apply for positions in law enforcement and are fortunate enough to be certified to the eligible list for the position. In simple terms, this means they have “made the list” in order to be considered for the position. After being certified, those persons are required to undergo a psychological evaluation to determine whether they are suitable for the position they are seeking, whether it be Police Officer, Correctional Police Officer, etc., as part and parcel of the hiring process. Unfortunately, however, certain applicants are deemed “not psychologically suitable” for ..read more

In a recently issued ruling by New Jersey’s Appellate Division, the Court upheld an earlier ruling by a superior court judge holding that an officer did not commit “willful misconduct” under New Jersey’s Tort Claims Act when he engaged in a pursuit of a vehicle after the driver pulled away from a traffic stop. The plaintiff in the case, entitled Jackson v. County of Hudson, et al., Docket No. A-3111-22 (issued April 4, 2024) filed the lawsuit for injuries he sustained when his car was hit by the motor vehicle that was being pursued by the officer.   On January 23, 2018, at approximately ..read more

Most recently the new Jersey Superior Court, Appellate Division issued a decision in the matter of Behar v. Board of Trustees, Public Employees Retirement System, Docket Number A-0296-22, that discusses the very real pitfalls of post-retirement employment for public employees in the state of New Jersey. We want to bring these pitfalls to your attention and help you take prophylactic measures to avoid the same wherever and whenever possible. Behar worked for the Division of Criminal Justice (DCJ) as a Detective 2 State Investigator. On March 13, 2017, he applied for a Special Service Retirement ..read more

When a New Jersey law enforcement officer or firefighter is suspended without pay pending the outcome of a disciplinary action, namely, termination charges, state law provides that a final determination on the charges shall be rendered within 180 calendar days from the date he or she is suspended without pay. Under the law, if a final determination is not rendered within that period, the officer or firefighter shall, commencing on the 181st calendar day, begin receiving the base salary he/she was being paid at the time of their suspension and shall continue to do so until a final determinatio ..read more

One of the most common misconceptions is that suffering from pre-existing diseases and/or conditions is an automatic disqualifier from receiving accidental disability retirement benefits. Nevertheless, many applications for accidental disability retirement benefits are denied by the various pension boards due to an employee’s total and permanent disability being attributable to a pre-existing disease or condition. However, under the law, suffering from a pre-existing disease or condition is not an automatic disqualifier from receiving accidental disability retirement benefits. Rather, the “tr ..read more

For those of you in the know, it comes as no shock that the Licensing of sworn law enforcement officers in the State of New Jersey began on January 1, 2024. Now that the licensing implementation date has passed, with the exception of a very few, the vast majority of Patrol Officers, Sheriff’s Officers, Correctional Police Officers and State Troopers have been issued either one (1), two (2) or three (3) year licenses. The length of the licenses issued were staggered to permit the licensing board and the parent commands to perform the necessary investigations and back ground checks of each offi ..read more

Both the federal Family Medical Leave Act (FMLA) and New Jersey’s Family Leave Act (FLA) provide that an employer may adopt a policy requiring an employee to exhaust accrued paid leave during periods of FMLA/ FLA leave. In these situations, an employee would have to simultaneously utilize paid leave during periods of FMLA/ FLA leave before they are able to take the unpaid FMLA/ FLA leave. At first glance, this might seem beneficial, and in many cases it is. However, it’s always better if the employee has the option to take such leave on a paid or an unpaid basis. Why would an employee want to ..read more

When filing an application for disability retirement benefits with any of New Jersey public employee pension systems, there are a myriad of considerations that must be taken into account and certain pitfalls that can occur along the way. One of the considerations and/or pitfalls that must be considered is whether a member has any active litigation pertaining to their employment pending at the time the application is filed. In the event there is such litigation, whether it be criminal, disciplinary, or civil, a member’s application will be held in abeyance or be placed “on hold” until such tim ..read more

You don’t get paid for the hour…..You get paid for the value you bring to the hour. Jim Rohn Taking a seat at the collective negotiations bargaining table for the last 25 years has taught me how people are paid in relation to the time that is spent with their employer. Undoubtedly, one of the cornerstones of a negotiations demand in collective bargaining is an increased hourly wage. In fact, I cannot remember a single negotiations demand that did not call for an increase in wages. However, the demand for an increased wage is predicated upon a number of factors. We often make the demand for ..read more