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GOVERNOR CORZINE SIGNS PENSION AND BENEFITS REFORM BILL PDF Print E-mail
Tuesday, 30 September 2008

TRENTON -- Gov. Jon S. Corzine, who last year negotiated sweeping pension and health benefit reforms that will save $6.4 billion through 2022, today continued New Jersey’s efforts to curb the cost of government workers’ benefits with the signing of the Public Employee Pension and Benefits Reform Act of 2008.  

The legislation, S-1962/A-2818, will save an additional $150 million through 2022 through new changes, including a higher retirement age and new income eligibility for enrollment in the major pension systems.

“The signing of this legislation is another step in the re-alignment of the compensation of our public employees,” Governor Corzine said. “The reforms we’ve made over the last two years strike the right balance of being fair to hard-working public employees and at the same time lightening the burden on our taxpayers.”

The significant changes signed into law today include increasing to $7,500 the annual salary required for new workers to qualify for the state pension system. Previously, workers required an annual compensation of only $500 to qualify for the Teachers Pension and Annuity Fund, and a minimum salary of $1,500 a year for the Public Employees Retirement System.

The legislation also raises the retirement age to 62 for new employees to qualify for a pension without a reduction.

The number of paid holidays for state employees is reduced to 12. It eliminates the Lincoln’s Birthday holiday and combines it with Washington’s Birthday, to be observed as President’s Day.

We began this effort last year, with contract negotiations resulted in statutory changes that raised the retirement age from 55 to 60; placed a cap on pensionable income; increased employee contributions to 5.5 percent of salary; and required newly elected and appointed officials to enroll in a defined contribution program.  The reforms also made plan design changes to the State Health Benefits Program (SHBP) and raised employee health benefit contributions.

The new law makes further reforms to the SHBP, allowing the state to offer an incentive to employees to opt out of the program and accept health coverage from other sources, such as a spouse’s plan. The state would determine whether to offer the incentive and the amount, which could not exceed half of the amount saved because of the employee’s waiver of coverage.

“These changes reflect the state’s fiscal realities and come in the same year when we had the largest year-on-year reduction in the budget in New Jersey history, set aside $650 million for debt repayment, and reduced the actual size of government itself,” Governor Corzine said.

The bill was sponsored in the Senate by Senators Barbara Buono (D-Middlesex), Stephen Sweeney (D-Salem, Cumberland, Gloucester), Nicholas Scutari (D-Middlesex, Cumberland, Union), and Tom Kean (R-Essex, Morris, Somerset, Union), and in the Assembly by Speaker Joseph Roberts (D-Camden).

“As a union official, I have heard quite a few members tell me to ‘negotiate, not legislate,’” said Senator Sweeney. “Unfortunately, the irresponsible acts of the legislature and union leaders in the 1990s , along with additional changes in legislation in 2001, which were done  without any real dollars to cover the cost of the enhancements, have put the State in a financial bind.  These irresponsible decisions placed the state’s pension system in a financial crisis, and it would be absolutely unfair to ask taxpayers to shoulder the additional costs.”

“This common-sense reform bill will modernize and streamline the pension systems preserving the fiscal health and solvency of PERS and TPAF,” said Senator Kean. “Most importantly it will save money for property taxpayers who are struggling as the state becomes more unaffordable for the middle class.”

“These are common sense reforms that will protect rank-and-file state workers from seeing the pensions and health benefits they rely on from being usurped by an unscrupulous few who have learned how to milk the system,” said Speaker Roberts. “These are reforms that will protect both career public employees and taxpayers.”

 Pension and Benefits Reform, State and Local Savings Summary

   * 2007 Contract Negotiations
Average Annual Savings: $572.6 million
Total Savings Through 2022: $6.4 billion

    * 2008 Legislation (S1962/A2818)
Average Annual Savings: $12.77 million
Total Savings Through 2022: $150 million

 Health, Pension, and Other Benefit Reforms, State and Local Savings

   * Mandatory Health Insurance Contribution for State Employees
            Average Annual Savings: $123.35 million
            Total Savings Through 2022: $1.85 billion

   * Increased Co-Pays
            Average Annual Savings: $38.26 million
            Total Savings: $191.32 million (through 2022)

    * Health Plan Design Changes
            Average Annual Savings: $155.38 million
            Total Savings Through 2022: $776.91 million

    * Retirement Age Increased from 55 to 60
            Average Annual Savings: $28.5 million
            Total Savings Through 2022: $370.55 million

    * Cap on Pensionable Income
            Average Annual Savings: $69.29 million
            Total Savings Through 2022: $900.78 million

     * Increased Employee Pension Contribution
            Average Annual Savings: $156.59
            Total Savings Through 2022: $2.29 billion
 
   * Mandated Defined Contribution Plan for Elected/Appointed Officials
            Average Annual Savings: $1.19 million
            Total Savings Through 2022: $16.69 million

     * Retirement Age Increased from 60-62
            Average Annual Savings: $8.92 million
            Total Savings Through 2022: $106.99 million

   * Limit Eligibility for Pension
            Average Annual Savings: $930,000
            Total Savings Through 2022: $13.06 million     

    * Eliminate Lincoln’s Birthday Holiday
Average Annual Savings: $2.92 million
Total Savings Through 2022: $32.15 million

Attached is the Pension and Benefit Reform Summary.

 

 

 
NJ TO RECEIVE NEARLY $2.5 MILLION IN MEDICAID SETTLEMENT WITH CEPHALON PDF Print E-mail
Tuesday, 30 September 2008
NJ TO RECEIVE NEARLY $2.5 MILLION IN MEDICAID SETTLEMENT WITH CEPHALON OVER ILLEGAL OFF-LABEL MARKETING OF DRUGS

TRENTON -     Attorney General Anne Milgram announced today that New Jersey will receive nearly $2.5 million in restitution in a national Medicaid fraud settlement with pharmaceutical company Cephalon Inc. regarding illegal off-label marketing of prescription drugs.

Under the national settlement, Cephalon will pay a total of $425 million, plus interest, to resolve criminal charges and civil liabilities for off-label marketing involving the prescription drugs Gabitril, Provigil and Actiq.

The settlement arose from federal and state false claim actions filed by the U.S. Attorney’s Office for the Eastern District of Pennsylvania and several states.  New Jersey headed a team of state Medicaid Fraud Control Units that worked with the U.S. Department of Justice to negotiate the settlement.

Cephalon will pay a $50 million criminal fine and $375 million to Medicaid and other federal government healthcare programs that paid reimbursements for medically unnecessary treatments as a result of the illegal practices.

Medicaid is jointly funded by the state and federal governments.  New Jersey has reached an agreement in principle with Cephalon under which the joint federal and state settlement payment to the New Jersey Medicaid program will be $5,219,430. The state’s share is $2,479,755.

“Through settlements such as this one, we are recovering millions of dollars that will be used by the New Jersey Medicaid program to assist people who otherwise could not afford vital health care services and prescription drugs,” said Attorney General Milgram.  “We are committed to investigating and prosecuting Medicaid fraud and other abuses affecting our Medicaid program.”

Attorney General Milgram credited Assistant Attorney General John Krayniak, Senior Counsel in New Jersey’s Medicaid Fraud Control Unit in the Office of Insurance Fraud Prosecutor, with helping to negotiate the settlement with state and federal authorities. Krayniak led the team of state negotiators for the National Association of Medicaid Fraud Control Units.

In connection with the settlement, Cephalon will plead guilty to a misdemeanor violation of the federal Food, Drug, and Cosmetic Act. The U.S. Attorney’s Office for the Eastern District of Pennsylvania charged Cephalon today in a criminal information filed in U.S. District Court.  Cephalon also entered into a Corporate Integrity Agreement with the Department of Health and Human Services, Office of the Inspector General.

Cephalon engaged in a company-wide scheme to illegally market the prescription drugs Actiq, Gabitril, and Provigil for unapproved “off-label” uses.  Before approving a drug, the Food and Drug Administration must determine that the drug is safe and effective for the use proposed by the company.  The drug may not be marketed for “off label” uses not approved by the FDA.

Actiq is a strong and highly addictive narcotic product manufactured as a lollipop that was approved by the FDA for use only in opioid-tolerant cancer patients or those patients for whom morphine-based painkillers are no longer effective.  However, from 2001 through at least 2006, Cephalon promoted the drug for non-cancer patients to treat conditions such as migraines, sickle-cell pain crises, injuries, and in anticipation of changing wound dressings or radiation therapy.  Cephalon also promoted Actiq for patients who were not yet opioid tolerant, for whom it could have life-threatening results.  Despite Actiq’s limited approved use, Cephalon marketed the drug to general and family practitioners, as well as physicians specializing in internal medicine, in order to expand the market beyond breakthrough cancer pain.

Gabitril is FDA-approved for use as an anti-epilepsy drug in the treatment of partial seizures.  However, from 2001 to 2005, Cephalon allegedly marketed Gabitril as a safe and effective treatment for additional conditions including depression, anxiety, Tourette’s syndrome, and chronic pain.  Cephalon told its sales force to visit not just neurologists, but also psychiatrists to promote off-label uses. In 2005, after reports of seizures in patients taking Gabitril who did not have epilepsy, the FDA required Cephalon to issue a warning notice to doctors.  It later required Cephalon to educate doctors and discourage them from writing off-label Gabitril prescriptions.

Provigil is FDA-approved to treat narcolepsy, sleep apnea and sleep disorders associated with shift work.  However, from 2001 through 2006, Cephalon illegally marketed Provigil for off-label conditions including fatigue associated with depression, multiple sclerosis, schizophrenia, Parkinson’s disease, chronic fatigue syndrome, anxiety, neuropathic pain, and attention deficit/hyperactivity disorder in children.  In 2002, the FDA sent Cephalon a letter instructing the company not to continue to promote Provigil off-label, which the company ignored.

Cephalon also violated the federal Anti-Kickback Statute by (1) sponsoring Continuing Medical Education (CME) programs to fund expensive vacations for attending physicians; (2) providing grants to physicians to reward high-volume prescribers; (3) paying excessive fees to physicians to speak on behalf of the company at CME programs; and (4) providing paid incentives to sales representatives to encourage off-label promotion.  Additionally, with regard to Gabitril, Cephalon disseminated off-label promotional literature to physicians at CME programs.

In addition to the senior counsel from New Jersey, the team of negotiators for the National Association of Medicaid Fraud Control Units included representatives from South Carolina, Oregon, Ohio, and Virginia.

In Medicaid settlements in 2008, New Jersey recovered $7.4 million from Merck & Co. in February; $1,758,000 from Purdue Pharma in January; $1 million from Walgreens in June; $350,000 from CVS/Caremark in March; and $195,000 from Aventis in February.


Attorney General Milgram noted that New Jersey has a new tool to combat Medicaid fraud.  She explained that in January, Governor Corzine signed the New Jersey False Claims Act, which contains a whistleblower provision to provide rewards to people, often corporate insiders, who blow the whistle on fraud.

New Jersey administers the Medicaid program through the Division of Medical Assistance and Health Services and through the Medicaid Fraud Control Unit in the Office of Insurance Fraud Prosecutor, which investigates both criminal and civil Medicaid fraud and abuse in that program.
 
SUSPENDED STATE EMPLOYEE SENTENCED FOR USING STATE JOB TO STEER CLIENT TO FIRM WHERE WIFE WORKED PDF Print E-mail
Tuesday, 30 September 2008

TRENTON – Attorney General Anne Milgram announced that a suspended employee of the state Division of Consumer Affairs was sentenced today for advising a consumer who called him at his state office to file a lawsuit through the firm where his wife worked.

David Biederman, 75, of Cliffside Park, was ordered by Superior Court Judge Michael A. Petrolle in Essex County to forfeit his public employment and was banned from future public employment.  Biederman was also ordered to serve three years probation and complete 100 hours of community service.  The sentence was pursuant to Biederman’s Aug. 12 guilty plea to unlawful official business transaction where interest is involved.

It is a violation of the state ethics code and New Jersey law for state employees to act in their official capacity in a way that involves doing business with or conferring benefits on themselves, their immediate family or a business in which the employee or immediate family has an interest.

Biederman was hired in April 2003 to work in the Speaker’s Bureau of the Division of Consumer Affairs as a Consumer Education Coordinator.  In 2005, Biederman received a call from a man who had a complaint about a contractor performing renovations at his home.  Biederman admitted that he advised the man that he should contact his wife, Lita Biederman, at a law firm in Palisades Park in order to file a lawsuit.  Lita Biederman was an independent contractor who provided paralegal services to the firm under an agreement where she would receive $200 per week plus 50 percent of the revenues generated by any case she handled.  The firm filed suit for the man in September 2005 seeking at least $150,000 in damages.

When the partner handling the case retired in 2006, he (Biederman) arranged for the client to transfer the case to a Jersey City law firm where his wife also worked and received a share of the legal fees for her cases.  An investigation determined that David Biederman performed work on the case while it was with both law firms. Biederman negotiated an agreement with the second law firm regarding the portion of monies that would be awarded from the lawsuit to him and his wife, and he continued to assist in the civil litigation, including reviewing court documents and preparing the complainant for trial.

The investigation was conducted and coordinated by Deputy Attorney General Pearl Minato and Detective Harry Maronpot Jr. of the Division of Criminal Justice - Corruption Bureau.  Minato represented the Division of Criminal Justice at the sentencing.

Biederman was suspended without pay from his job at the Division of Consumer Affairs on March 12, 2007, after his conduct was uncovered.
 
CITY OF NEWARK “NO HEAT HOTLINE” NUMBER GOES ACTIVE ON OCTOBER 1 PDF Print E-mail
Tuesday, 30 September 2008
Landlords must provide tenants with heat between months of October 1 through May 1

Newark, NJ - September 29, 2008 - Mayor Cory A. Booker today reminded Newark residents that as Newark approaches the winter months, bringing cooler temperatures and earlier sunsets, the city’s hotline to report heat emergencies will become active on October 1. Starting that date and continuing through May 1, 2009, tenants in unheated apartments can complain directly to the “No Heat Hotline” at (973) 733-6471.

By law, landlords are required to provide their tenants with a minimal temperature of 68 degrees between 6 a.m. and 11 p.m., and 65 degrees from 11 p.m. to 5 a.m., from October 1, 2008, through May 1, 2009.

“Maintaining public safety in Newark also means providing residents with sufficient heat in winter.” said Mayor Booker. “Landlords have a moral and legal obligation to provide heat to their tenants and I urge them to follow city laws.”

This hotline number will be manned by the Division of Inspections and Enforcement from 8:30 a.m. to 10 p.m., Mondays through Fridays, and on weekends from 10 a.m. to 7 p.m. Inspectors will respond to all complaints of lack of heat and initiate enforcement action if warranted.

Any questions that property owners and tenants may have can be addressed by contacting the Division of Inspections and Enforcement at (973) 733-6471 on weekdays from 8:30 a.m. to 4:30 p.m.

Anyone with questions about the City’s no-heat ordinances can also contact the Newark 4311 Non-Emergency Call Center at (973) 733-4311.
 
Millgram nombra Ricardo Solano Jr. Primer Asistente de la Oficina del Fiscal General de New Jersey PDF Print E-mail
Tuesday, 30 September 2008

Trenton, NJ – La Fiscal General de New Jersey, Anne Milgram, nombro a Ricardo Solano Jr. ex-fiscal federal, y anteriormente director en la practica criminal de la firma legal Gibson, como el Primer Asistente del Fiscal General.
Solano, de 34 años, reemplazara a John Vazquez, quien deja la Oficina del Fiscal General para retornar a la practica privada. Vazquez, tambien ex-fiscal federal, ocupo la posicion de Primer Asistente en los ultimos 15 meses despues de haber cumplido ocho meses como asistente especial en justicia criminal para el ex Fiscal General Stuart Rabner.

Entre el mes de agosto de 2001 y octubre de 2006, Solano, ha prestado servicios en la Division de Apelaciones, de la Unidad contra el Terrorismo en la division criminal y la division especial de procesamientos en la Oficina del Fiscal Federal de los Estados Unidos en Newark.Posteriormente, fue nombrado director en la firma legal Gibbons, concentrandose en casos criminales leyes civiles complejas y apelaciones. Solano, asumira el cargo de Primer Asistente el 6 de octubre.

"Ricardo Solano sera de sumo valor en nuestro equipo en la Oficina del Fiscal General, porque es portador de su experiencia y energia para el puesto de Primer Asistente,"dijo Milgram. "Pero, al mismo tiempo, voy a perder el asesoramiento y ayuda de John Vazquez y en conducir el Departamento de Ley y Seguridad Publica, y le deseamos lo mejor', añadio Milgram.

"Me siento muy honrado por la confianza que ha depositado en mi Fiscal General Milgram al pedirme que me integre al departamento, por lo que estoy entusiasmado en los desafios futuros'', expreso Solano. "Comparto los compromisos de la Oficina del Fiscal General en erradicar la corrupcion publica, centrarse en los delincuentes violentos en el trafico ilicito de armas y drogas, y en la proteccion de los derechos de los consumidores".

Vazquez se incorpora a trabajar a la firma Critchley &Kinum, una firma de Roseland, especializada en litigaciones en materia civil y penal. "Ha sido un honor y un privilegio para mi servir como Primer Asistente de la Fiscal General Milgram durante los ultimos 15 meses, ayudando a llevar a cabo la mision del Departamento para proteger la seguridad de la poblacion de New Jersey'.'

Solano, crecio en la ciudad de Paterson y estudio en la Universidad de Nueva York, graduandose en Filosofia y Ciencias Politicas en mayo de 1995. En mayo de 1998, se graduo en leyes en la Universidad Seton Hall (summa cum laude). Entre septiembre de 1998 al mes de agosto de 1999, donde se desempeño como asistente legal de la ex -presidenta de la Corte Suprema de Justicia de New Jersey, Deborah Poritz, y entre septiembre de 1999 a agosto de 2000, de la Jueza de la Corte del Circuito Distrital Federal, Maryanne Trump Barry.

En agosto de 2001, Solano, fue asociado del estudio de Abogados Gibbons durante un año antes de incorporarse a la Oficina del Fiscal Federal en Newark. Durante sus cinco años de carrera en la oficina, ha sido responsable de los argumentos en las apelaciones ante el Tercer Tribunal de Circuito de Apelaciones, y estuvo a cargo de uno de los primeros casos, segun la Ley de Proteccion Empresarial a los Animales (U.S. v. Stop Hunting Animal Cruelty), y se encargo del procesamiento de casos de fraude postal, sobornos y evasion fiscal.

En el 2006, Solano estuvo a cargo del proceso del caso de soborno, evasion de impuestos en contra del senador estatal John Lynch en 2006 y tambi*n en el proceso en contra del ex alcalde de Middletown y director del condado de Monmouth (Motor Pool) Raymond O'Grady, que enfrento cargos de soborno. O'Grady cumple su sentencia de 43 meses en Fort Dix.

Solano, ha sido profesor adjunto de la Universidad Seton Hall, dando ensenanza en seminarios sobre sentencia en delitos.Es un miembro de la Asociacion de Abogados Hispanos de New Jersey y ha sido miembro del Grupo Asesor en el Uso de Municiones Menos Mortiferas creada por la Fiscal General.

Como la persona numero dos en el Departamento de Leyes y Seguridad Publica, el primer Asistente del Fiscal General se encarga de coordinar las politicas, operaciones e investigaciones. El Departamento incluye las Divisiones de Justicia Criminal, La Policia Estatal, Asuntos del Consumidor, Derechos Civiles, Control de Bebidas Alcoholicas, Seguridad del Trafico de Carreteras, Control de los Juegos de Azar, la Comision de Carreras de Caballos, la Comision de Justicia Juvenil y la Oficina de Victimas de Delitos Violentos.

 

 
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