Depascale v. State

Today, the Court strikes down the Legislature’s comprehensive pension and health benefit reform, L. 2011, c. 78 (Chapter 78), as it applies to a narrow class of New Jersey’s public employees, Justices of the Supreme Court and Judges of the Superior Court whose judicial terms began before the law’s enactment. The majority holds that Chapter 78 reduces the “salaries” of justices and judges within the meaning of Article VI, Section 6, Paragraph 6 of the New Jersey Constitution. Ante at 43, 65, 47 A.3d at 692, 705. It holds that the Legislature may only increase pension and health benefit…