Supreme Court of New Jersey

Dorothy Matturri, Phyllis Healy and the Surviving Children of the Honorable Joseph Healy, and the Retired Judges…

July 24, 2002173 N.J. 368

Summary

The Supreme Court of New Jersey affirmed the State House Commission’s final decision, holding that survivorship benefits under the Judicial Retirement System Act are calculated once at the time of a judge’s death based on the salary current at that time and are not adjusted for later salary increases, and that the Commission’s request for an extension after the statutory 45‑day deadline did not trigger the automatic‑adoption provision of N.J.S.A. 52:14B‑10(c). The Court relied on principles of statutory construction, agency deference, and the absence of bad‑faith conduct. Justice Coleman dissented, contending that the automatic‑adoption provision should apply and that the benefits should be adjusted with subsequent salary increases.