Sherri Adler v. East Brunswick Board of Education

CourtNew Jersey Superior Court Appellate Division
DecidedJuly 15, 2025
DocketA-3443-23/A-3506-23
StatusUnpublished

This text of Sherri Adler v. East Brunswick Board of Education (Sherri Adler v. East Brunswick Board of Education) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sherri Adler v. East Brunswick Board of Education, (N.J. Ct. App. 2025).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NOS. A-3443-23 A-3506-23

SHERRI ADLER, DENEEN AMRANI, DONNA ANDERSON, ZEYNEP ARHAN, JANET ARNEST, MONICA AROCHO, PATRICIA BARBERIO, COLEEN BERMAN, JANET BODNAR, AMAL BOSTROS, GINA CAFARO, MARCI CARESTIA, RITU CHAWLA, PRABHA CHIDAMBARAN, JOANNA COMO, BERNADETTE COURTER, 1 ALISHA COX, ANNE CUGINI, VICKIE DEBARI, DEEANN DERUVO, PHYLLIS DOWNER, ROSEMARY EDMONSON, ELLEN ELY, SALLY FARG, CAROLINE FERNANDEZ, ANTHONY FISCHER, KAREN FITZGERALD, MARGARET GALLAGHER, DONNA GEESEY, DALIA GHALY, GINA GIARDINA, LEA GIRGENTI, SHILPI GOSWAMI, MATTHEW GRACON, TRICIA HALL, ELAINE HANEY, KATHLEEN JENNINGS, MI JUNG, KATREEN KHELLA, ANITA KO, DONA LAROCCA, ELLEN LAVANCO, PATRICIA LOVELAND, AMBER

1 Improperly plead as Beernadette Courter. LUBERTO, MIRIAM LUGO- RODRIGUEZ, KOMAL MALHOTRA, DONALD MANDY, KLODIANA MARFIA, MARIE MAROULIS, MICHELLE MARRONE, JEAN MARTIN, JEFFREY MCCAWLEY, HANY MEKHAIL, KATHLEEN MILLER, HODA MOHAMED, LORELEI MORIN, WENDY MOY, PINKY NAINWANI, HANNAN NASHED, RENEE NESSIEM-BASSILI, PATRICIA O'LEARY JONES, PATRICIA OCKENHOUSE, JENNIFER ORANCHAK, KIMBERLY PACE, DONNA PALAGONIA, VIVIAN PERCOCO, EMMA PEREZ, LISA RAHNER, MYRNA RAZAK, FARHAT REHMANI, KELLIANNE RIZK, CHRISTINE ROMAN, 2 JANETE ROSEMAN, ADRIENNE SABATINO, MELIKE SAHIN, MARIA SAMULKA, CHRISTINA SCHMITT, MARLA SCHNEIDER, KELSEY SCHUSTER, RAINA SFEIR, MAGDA SHEHATA, SAMINA SHEIKH, MICHELE SHERMAN, JAEKYOUNG SHIM, RENEE SIMON-RADOCZY, MOONIA SOHERWARDY, LAURA SOUTHON, NANCY STETZ, VIVIAN TADROS, CHRISTINE TAMBINI MCCANN, MUI LING TANG, JAYNE TOKASH, ESTELA VALDEZ, JOSLYN VELEZ, MELISSA WHYTE, JODY WIENER, MARIA WOOD, LORRAINE ZEMBRO, and PATRICIA ZIMMERMAN,

2 Improperly pled as Christinee Roman. A-3443-23 2 Plaintiffs-Respondents/Cross- Appellants,

v.

EAST BRUNSWICK BOARD OF EDUCATION,

Defendant-Appellant/Cross- Respondent. __________________________________

Argued June 3, 2025 – Decided July 15, 2025

Before Judges Gilson, Firko, and Bishop-Thompson.

On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Docket No. L-4816-21.

Jessica V. Henry argued the cause for appellant/cross- respondent (Cleary Giacobbe Alfieri Jacobs, LLC, attorneys; Matthew J. Giacobbe, of counsel and on the briefs; Jessica V. Henry, on the briefs).

Sheila Murugan argued the cause for respondents/cross-appellants (Zazzali, PC, attorneys; Richard A. Friedman, of counsel and on the briefs; Sheila Murugan, on the briefs).

PER CURIAM

These appeals involve disputes over whether plaintiffs, who are part -time

public-school employees, are entitled to lost interest or investment income

because their employer, the East Brunswick Board of Education (the Board),

belatedly enrolled them in the New Jersey Defined Contribution Retirement

A-3443-23 3 Program (the DCR Program). Plaintiffs appeal from a Law Division order

denying their motion to reinstate their complaint after plaintiffs' administrative

application for damages was denied in a final agency decision by the Board of

Trustees of the DCR Program (the Trustees). The Board appeals from an order

denying its motion to dismiss plaintiffs' complaint with prejudice.

Because plaintiffs' sole remedy for claims related to the DCR Program

was an administrative claim to the Trustees, and because plaintiffs did not appeal

from the Trustees' final agency decision, we affirm the part of the order that

denied plaintiffs' motion to reinstate their complaint in the Law Division. We

reverse the order denying the Board's motion to dismiss with prejudice because

plaintiffs have no remedy other than an administrative remedy and they did not,

and now cannot, appeal from the Trustees' decision. Consequently, plaintiffs

have no further possible legal claim for their alleged damages against the Board.

We, therefore, remand with direction that the Law Division enter an order

dismissing plaintiffs' complaint with prejudice.

I.

The DCR Program was established in 2007 for the benefit of public

employees who are not eligible for other state-administered pension funds or

retirement systems, or whose salary falls within certain minimum or maximum

A-3443-23 4 criteria. N.J.S.A. 43:15C-1 and -2. Enrollment in the DCR Program is

mandatory for eligible employees, however, eligible employees may elect to

waive their right to participate. N.J.S.A. 43:15C-2(a), (c). An employee

contributes five-and-a-half percent of his or her base salary and the employer

contributes three percent of the employee's base salary. N.J.S.A. 43:15C-3(a),

(b).3 The funds are then invested. N.J.S.A. 43:15C-5. Employees have the right

to allocate their contributions, as well as the employer's contributions on their

behalf, into investment alternatives, like mutual funds, provided that the

investment alternatives are approved by the Trustees. Ibid. When they retire or

otherwise terminate their employment, eligible employees or their beneficiaries

will receive their share of the funds based on their contributions, the employer's

contributions on their behalf, and earnings on those monies. Ibid.

Plaintiffs are past and present part-time employees of the Board. They

were entitled to be enrolled in the DCR Program. The Board, however,

mistakenly delayed enrolling plaintiffs.

3 The employee's contributions are made by the employer withholding five-and- a-half percent of the employee's base salary and contributing that withheld amount to the DCR Program. N.J.S.A. 43:15C-3(a).

A-3443-23 5 After the Board realized its mistake, it enrolled the plaintiffs who were

still working for the Board. In September 2020, the Board and affected plaintiffs

began making catch-up contributions to account for the contributions that should

have been made had plaintiffs been timely enrolled. The Board points out, and

plaintiffs do not dispute, that until plaintiffs were enrolled, they received the

five-and-a-half percent of their salary that should have been withheld and paid

to the DCR Program. 4

On August 13, 2021, plaintiffs filed a two-count complaint against the

Board in the Law Division. In count one, plaintiffs alleged that the Board had

breached an "implied and/or express" contract by not timely enrolling them in

the DCR Program. In count two, plaintiffs alleged that they suffered damages

"[b]y [o]peration of [l]aw." Under both counts, plaintiffs sought the same relief:

lost interest or investment income for plaintiffs still employed with the Board;

and unmade contributions, plus lost interest or investment income, for plaintiffs

who became members of other pension funds, resigned, or retired.

4 At some point in time, the East Brunswick Education Association filed a grievance on behalf of plaintiffs under the governing collective bargaining agreement (CBA). That grievance was denied. The record on these appeals does not contain the grievance or the resulting denial. The parties, however, do not dispute that a grievance was filed and denied. It is also undisputed that the parties did not proceed to grievance arbitration as called for in the CBA. A-3443-23 6 The Board moved to dismiss the complaint, arguing that the Law Division

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Sherri Adler v. East Brunswick Board of Education, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherri-adler-v-east-brunswick-board-of-education-njsuperctappdiv-2025.