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Sunday, June 19, 2016

Richard W. Berg v. Hon. Christopher J. Christie (A-71/72-14

 Richard W. Berg v. Hon. Christopher J. Christie 
(A-71/72-14; 074612) 

To construe a statute as creating a contractual right, the Legislature’s intent to limit the subsequent exercise of legislative power must be clearly and unequivocally expressed concerning both the creation of a contract as well as the terms of the contractual obligation. In this instance, proof of unequivocal intent to create a non-forfeitable right to yet-unreceived COLAs is lacking. The Legislature retained its inherent sovereign right to act in its best judgment of the public interest and to pass legislation suspending further COLAs.