Workers' Compensation: NJ Judges of Compensation Get a Salary Boost

Acting Governor Nicholas Scutari recently signed a bill (S2470/A3930) that brings about several changes.

Salary Increases: The Presiding Judges of the Superior Court, Appellate Division, will now earn $218,545.82 annually, which is $3,000 more than other Appellate Division judges. County prosecutors' salaries will increase to $204,166.50.
Retroactive Application: These increases are retroactive to January 1, 2024, and can be adjusted for inflation in the coming years.
Retirement Benefits: The bill allows county prosecutors to receive service credit in the Prosecutors Part of the Public Employee Retirement System (PERS) for their work as judicial law clerks in State Courts.
Post-Retirement Work: Retired members of the Judicial Retirement System (JRS) can now collect pensions while serving as county prosecutors.

Impact on Workers' Compensation Judges

While the newly signed bill doesn't directly address Workers' Compensation judges, it's worth noting that their salaries are tied to those of Superior Court judges. According to the existing law (NJ Rev Stat § 34:15-49):

Newly appointed Workers' Compensation judges start at 75% of a Superior Court judge's salary.
This percentage increases over time, reaching 85% for tenured judges.
The Director of the Division of Workers' Compensation earns 89% of a Superior Court judge's salary.

Given that the salaries of Superior Court judges often serve as a benchmark for other judicial positions, Workers' Compensation judges will see indirect benefits from this overall trend of increasing judicial compensation.

The Reasoning Behind the Increases

The rationale for these salary adjustments includes:

Attracting and Retaining Talent: Higher salaries and improved benefits are seen as ways to draw top legal professionals to public service roles.
Recognizing Experience: The changes acknowledge the value of prior experience, such as working as a judicial law clerk.
Maintaining Competitive Compensation: These adjustments aim to keep New Jersey's judicial salaries competitive with other states and the private sector.
Leveraging Expertise: Allowing retired judges to serve as prosecutors while receiving pensions enables the state to benefit from their extensive experience.

Looking Ahead

As these changes take effect, it will be interesting to see how they impact the judicial landscape in New Jersey. Will they lead to a more experienced and diverse pool of judges and prosecutors? How will they affect the quality of legal services provided to New Jersey residents?

While the immediate focus is on certain judicial positions, the ripple effects of these changes could influence compensation structures across the state's broader legal system, including workers' compensation judges. As always, the goal is to maintain a high standard of justice while ensuring that those who serve in these critical roles are fairly compensated for their expertise and dedication.

Recommended Citation: Gelman, Jon L., NJ Judges of Compensation Get a Salary Boast, www.gelmans.com (08/25/2024)

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*Jon L. Gelman of Wayne, NJ, is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (West-Thomson-Reuters). For over five decades, the Law Offices of Jon Gelman 1.973.696.7900
jon@gelmans.com has represented injured workers and their families who have suffered occupational illnesses and diseases.