Skip to content
CLIFTON FMBA 21 CLIFTON FMBA 21

Representing the Career Firefighters of the City of Clifton NJ Fire Department

  • Home
  • Local 21 Officers
  • FMBA 21 Calendar
  • Clifton FD Shift Calendar
  • NJ State FMBA Calendar
  • About Us & Community Events
    • PPE 4 Ukraine
    • Animal Shelter Drive
  • Clifton Firefighter’s Foundation / Donations
  • Golf Outing
  • Tricky Tray
  • Relief & Exempt Association
  • Memorial
  • LODD
  • Live Radio Feed
  • Links
  • Submit a Photo
  • Social Media
  • Contact
CLIFTON FMBA 21
CLIFTON FMBA 21

Representing the Career Firefighters of the City of Clifton NJ Fire Department

Update of COLA Litigation – NJ FMBA

Posted on August 13, 2015September 14, 2022 By Clifton FMBA 21

Update of COLA litigation from NJFMBA Chief State Counsel

 

On March 27, 2012, the NJFMBA and other public sector labor organizations filed a declaratory judgment action alleging that Chapter 78 is unconstitutional because, effective June 28, 2011, it suspended COLAs for all pension funds including active and retired members of PERS, TPAF and PFRS.  On May 25, 2012, the lower court dismissed the action on the basis that COLA funding was subject to legislative appropriations and one legislature could not bind another.

The parties appealed the decision to the appellate court and oral argument was heard by the Appellate Court on January 28, 2014.

On June 26, 2014, the appellate court issued its decision in the COLA lawsuit.   The court found that the statute created a contractual, non-forfeitable right to pension benefits, inclusive of COLA.  Since the appeals court found that current and future retirees have a contractual right to COLA, and the lower court did not address whether the 2011 statute impaired that contractual right in violation of the Constitution, the case was sent back to the lower court to make that determination.

On July 16, 2014, the State filed a cross-petition for certification to the NJ Supreme Court appealing the decision of the Appellate Division disputing whether Chapter 78 created a contractual right to the receipt of COLA.

On July 14, 2014, one of the pro se plaintiffs, Charles Ouslander, filed a petition for certification to the NJ Supreme Court to review the federal Contracts Clause and equitable estoppel claims which were dismissed by the appellate court.

On July 31, 2015, the Supreme Court granted the Ouslander petition and State cross-petition for certification.  The NJFMBA continues to be actively participating in the case.  Oral argument will be scheduled shortly.  The Court hears oral argument 2-5 times per month beginning in September and ending in April.

If you have any questions, feel free to contact the State office.

Share this:

  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on X (Opens in new window) X

Related

Information COLA LitigationNJ FMBA

Post navigation

Previous post
Next post

Important Note

Clifton FMBA 21 & the Clifton Firefighter Foundation are the only organizations that represent the Firefighters here in your City. We DO NOT solicit donations over the telephone. If you suspect someone is misrepresenting themselves by soliciting on behalf of our organization, please email us at: [email protected]

Donate

Clifton FMBA Local #21 and the Clifton Firefighters Foundation sincerely value your donation, as it serves as our main source of funding for charitable endeavors. Your contributions directly benefit local youth group activities and various charitable organizations in Clifton. Your donation remains in our community, making a visible impact that we can all witness.

For further details, please visit our donations page.

Contact

Clifton Firefighter’s Mutual Benevolent Association Local # 21
219 Valley Road
Clifton, NJ 07013

[email protected]

*NOTE: WE DO NOT RENT OUR HALL.

Social Media

Clifton FMBA 21 Facebook


Clifton FMBA 21 Instagram

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 2,273 other subscribers

Clifton FD Shift Calendar

July 2025
SMTWTFS
 12345
6789101112
13141516171819
20212223242526
2728293031 
Platoon 1
Platoon 2
Platoon 3
Platoon 4

Live Radio Feed

Archived Posts

Site Search

©2025 CLIFTON FMBA 21 | WordPress Theme by SuperbThemes