The Supreme Court Press “Petition of the Month”TM for February 2018is Wayne Hage v. United States, Supreme Court Dkt. No. 17-293, an appeal coming out of the Ninth Circuit Court of Appeals. The petition was filed by attorneys Richard Loccke, Lauren Sandy, Michael Bukosky, and Leon Savetsky of the firm Loccke, Correia & Bukosky.
In 2011, as a cure for a severely underfunded pension system, the New Jersey Legislature enacted amendments to N.J.S.A. 43:3C-9.5 which increased both State and employee contributions for a period of seven years in order to restore the pension system to a fiscally sound level. The language of the amendments clearly states that these pension contributions were contractual obligations of the State and contains a waiver of the State’s ability to claim sovereign immunity. The amortized payments were funded for the first two years, but then suspended for two years by the Governor for alleged budget shortfalls. The Petitioners filed suit to restore the contractually mandated funding, and were granted summary judgment at the New Jersey Superior Court in Mercer County, only to be reversed by the New Jersey Supreme Court which granted summary judgment to the Respondents. The Petitioners present the following questions:
Lauren Sandy ,
Loccke , Correia & Bukosky