Paterson Police PBA Local 1 v. City of Paterson, A-1263-11T1; Appellate Division; opinion by Espinosa, J.A.D.; decided and approved for publication November 27, 2013. Before Judges Graves, Espinosa and Guadagno. On appeal from the Chancery Division, General Equity Part, Passaic County, C-33-11. DDS No. 11-2-2079 [19 pp.]
Defendant, the city of Paterson, and plaintiffs, the Paterson Police PBA Local 1 and Paterson Police PBA Local 1 Superior Officers Association, engaged in compulsory interest arbitration with the N.J. Public Employment Relations Commission (PERC) after N.J.S.A. 40A:10-21(b) required public employees to pay a contribution of 1.5 percent of base salary toward their health benefits. The resulting award required, in part, that police officers “shall make contributions toward health insurance coverage in the amount of 1.5% of base salary” pursuant to the statute. Neither the statute nor the award defined “base salary.” Defendant interpreted base salary as an officer’s base pensionable salary and made deductions accordingly.
