MIDDLETOWN TP. PBA LOCAL 124 v. TP. OF MIDDLETOWN


935 A.2d 516 (2007)

193 N.J. 1

MIDDLETOWN TOWNSHIP PBA LOCAL 124, Plaintiff-Respondent, v. TOWNSHIP OF MIDDLETOWN, Defendant-Appellant. Middletown Township Superior Officers Association, Plaintiff-Respondent, v. Township of Middletown, Defendant-Appellant.

Supreme Court of New Jersey.

Decided December 3, 2007.


Attorney(s) appearing for the Case

Bernard M. Reilly, Red Bank, argued the cause for appellant (Dowd & Reilly, attorneys).

Sidney H. Lehmann, Lawrenceville, argued the cause for respondent Middletown Township Superior Officers Association (Szaferman, Lakind, Blumstein, Blader & Lehmann, attorneys; Mr. Lehmann and Robert F. Casey, on the brief).

David J. De Fillippo, Red Bank, argued the cause for respondent Middletown Township PBA Local 124 (Klatsky, Sciarrabone & De Fillippo, attorneys).

Robert A. Fagella, Newark, argued the cause for amicus curiae, New Jersey State Policemen's Benevolent Association (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys; Mr. Fagella and Aileen M. O'Driscoll, on the brief).


Justice LONG delivered the opinion of the Court.

I

At issue in these consolidated appeals is the meaning of the following language in N.J.S.A. 40A:10-23, a statute authorizing the discretionary grant of health benefits to retirees:

[t]he employer may, in its discretion, assume the entire cost of such coverage and pay all of the premiums for employees a. who have retired on a disability pension, or...

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