Matturri v. Board of Trustees of the Judicial Retirement System

802 A.2d 496, 173 N.J. 368, 2002 N.J. LEXIS 1084
CourtSupreme Court of New Jersey
DecidedJuly 24, 2002
StatusPublished
Cited by46 cases

This text of 802 A.2d 496 (Matturri v. Board of Trustees of the Judicial Retirement System) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matturri v. Board of Trustees of the Judicial Retirement System, 802 A.2d 496, 173 N.J. 368, 2002 N.J. LEXIS 1084 (N.J. 2002).

Opinions

The opinion of the Court was delivered by

PORITZ, C.J.

This appeal raises an issue of statutory construction affecting survivorship benefits under the Judicial Retirement System Act, N.J.S.A 43:6A-1 to -47 (JRSA or Act). More specifically, the Court must decide whether such benefits are calculated once at the time a member of the retirement system dies, or rather, are adjusted periodically after a member’s death to reflect increases in judges’ salaries that occur later.

I

Appellants are Dorothy Matturri, (widow of the late Judge Alexander Matturri), Phyllis Healy and her minor children (the widow and children of the late Judge Joseph Healy), and the Retired Judges Association of New Jersey (RJANJ or Association). Judge Matturri and Judge Healy were members of the Judicial Retirement System (JRS) established by the JRSA, and their surviving spouses and children are entitled to receive benefits pursuant to that Act. RJANJ is an unincorporated nonprofit organization that represents the interests of JRS members who will likely leave spouses and/or children, and that here represents the surviving spouses and children of judges that have passed away.

The facts in this matter are uncontested. Judge Healy died in 1995 while in active service. His surviving spouse receives an annual survivor’s benefit, pursuant to N.J.S.A. 43:6A-17, that is paid monthly and calculated at twenty-five percent of $100,000, Judge Healy’s salary at the time of his death. Although the record does not so state, we note that Judge Healy’s two surviving minor children receive annual benefits of fifteen percent of his final salary under N.J.S.A. 43:6A-17.

[373]*373Judge Matturri retired from the Superior Court in 1983. From his retirement until his death in 1990 he received a pension of $52,500 per year, constituting three-fourths of his salary at the time of his retirement. See id. at -8e. Pursuant to N.J.S.A. 43:6A-18, Judge Matturri’s surviving spouse, like Judge Healy’s spouse, receives an annual survivor’s benefit in the amount of twenty-five percent of $100,000 ($100,000 having been the salary for a sitting judge in 1990, the time of Judge Matturri’s death). We also note that the survivorship benefits received by Mrs. Matturri, Mrs. Healy, and the Healy children are subject to cost-of-living adjustments pursuant to the Pension Adjustment Act, N.J.S.A. 43:3B-1 to -10, as was the pension Judge Matturri received.

The Division of Pensions and Benefits (Division) calculates benefits for a judge’s survivors based on the salaries for judges that were “current” at the time of that judge’s death, and then fixes benefit payments in accordance with that calculation. Appellants argue that survivorship benefits should be adjusted whenever salaries for active judges are increased by the Legislature because N.J.S.A. 43:6A-17 and -18 direct the Division to base such benefit payments on the “current” salaries for sitting judges. N.J.S.A. 43:6A-17, which grants benefit payments to the survivors of judges who pass away while in active service, provides:

a. Upon the receipt of proper proofs of the death in active sendee of a member of the retirement system, there shall be paid to his widow[1] a survivor’s benefit of 25% of final salary for the use of herself, to continue during her widowhood, plus 10% of final salary payable to one surviving child or plus 15% of final salary to two [374]*374or more surviving children; if there is no surviving widow or in case the widow dies or remarries, 15% of final salary will be payable to one surviving child, 20% of final salary to two surviving children in equal shares and if there be three or more children, 30% of final salary will be payable to such children in equal shares. If there is no surviving widow or child, 20% of final salary will be payable to one surviving parent or 30% of final salary will be payable to two surviving parents in equal shares.
b. In addition to the foregoing benefits payable under subsection a., there shall also be paid in one sum to the member’s beneficiary an amount equal to one and one-half times the final salary received by the member.
c. For the purposes of this section final salary means the current salary for the judicial position in which the member served at the time of death.

Most relevant here, subsection c of the Act defines “final salary,” thereby estabhshing the basis for the benefit calculations.

N.J.S.A. 43:6A-18 authorizes benefits for survivors of JRS members who die after retirement. Section 18 provides:

Upon the receipt of proper proofs of the death after retirement of a member of the retirement system, there shall be paid to his widow a survivor’s benefit of 25% of final salary for the use of herself, to continue during her widowhood, plus 10% of final salary payable to one surviving child or plus 15% of final salary to two or more surviving children; if there is no' surviving widow or in ease the widow dies or remarries, 15% of final salary will be payable to one surviving child, 20% of final salary to two surviving children in equal shares and if there be three or more children, 30% of final salary will be payable to such children in equal shares. For the purposes of this section final salary means the current salary for the judicial position in which the member served at retirement.

The definition of “final salary” found in Section 18 is substantially the same as the definition provided in Section 17. For sections of the JRSA other than N.J.S.A 43:6A-17 and -18, “final salary” is defined as “the annual salary received by the member at the time of his retirement or death.” N.J.S.A 43:6A-3g (providing definitions for JRSA) (emphasis added).

Appellants claim that the benefits paid to the surviving spouses of Judges Matturri and Healy should have been increased each time judicial salaries increased after their husbands died. The annual salary for sitting Superior Court judges was raised to $115,000, effective February 1996, and subsequently, to $133,330 for calendar year 2000, $137,165 for calendar year 2001, and $141,000 for calendar year 2002. N.J.S.A. 2B:2-4.

[375]*375II

In separate letters dated January 29, 1999, the State House Commission (Commission), “sitting as the Board of Trustees of the Judicial Retirement System,”2 denied requests made by the Healy and Matturri families for a recalculation of their survivors’ benefits. The Commission then transferred the families’ appeals to the Office of Administrative Law (OAL) as contested cases pursuant to N.J.A.C. Ll-3.2 The matters were consolidated and the parties stipulated to the facts in August 1999. RJANJ was permitted to intervene by consent shortly thereafter, and the parties presented legal argument to Administrative Law Judge (ALJ) Springer in October 1999.

ALJ Springer issued his Initial Decision on July 14, 2000. He disagreed with the Commission and concluded that the plain language of the Act requires the recalculation of survivorship benefits to reflect increases in judicial salaries after a judge dies. In his view, the term “current” clearly and unambiguously conveys a legislative directive to update (increase) survivors’ benefits as judicial salaries change. Based on a Webster’s New International Dictionary

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Bluebook (online)
802 A.2d 496, 173 N.J. 368, 2002 N.J. LEXIS 1084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matturri-v-board-of-trustees-of-the-judicial-retirement-system-nj-2002.