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2017 Op. N.J. Att'y Gen. 1 (2017)

handle is hein.sag/sagnj2017 and id is 1 raw text is: 







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CHRIS CHRISTIE               OFFICE OF THE ATTORNEY GENERAL
  Governor                DEPARTMENT OF LAW AND PUBLIC SAFETY
KIM GUADAGNO                         P0 Box 080                   CHRISTOPHER S. PORRINO
                                 TRENTON NJ 08625-0080
 Lt. Governor                                                        Attorney General


                                  May 11,  2017


     Gregory  L. Acquaviva
     Chief  Counsel
     Office  of the  Governor
     125  West State  Street
     Trenton,  New Jersey  08625


                           Formal  Opinion No.  1-2017

                Re:   Contribution  of the State  Lottery  Enterprise  to
                      Certain State  Retirement  Systems

     Dear  Chief Counsel  Acquaviva:

           You have  requested  a  legal opinion  on  whether  the proposed
     contribution   of  the  State  Lottery  to  certain  State  retirement
     systems    (Proposed   Transaction)    would   violate    the   State
     Constitution.      Based   on  our   current   understanding   of   the
     Proposed  Transaction,   you are  advised  that  it comports  with  the
     State  Constitution  and other  applicable  state laws.

           Our understanding   of the  Proposed Transaction   and the draft
     legislation   to  effectuate   the  Proposed  Transaction (Proposed
     Act)  is as follows:

           The Administration   proposes  to contribute  the  State Lottery
     enterprise   to certain  retirement   systems  and deposit   it into  a
     newly   created  common  pension   fund  (Fund  L)   for  a  term  of
     thirty   years.   The  Proposed   Act  will  define  which  retirement
     systems  are  eligible  to receive  a portion  of the  contribution  by
     virtue   of  their  members'   past  or  present   employment   in  the
     State's   schools  and   State  institutions,   in  keeping  with   the
     constitutional dedication of net lottery proceeds discussed
     below.   The Proposed  Act will  direct  the State Treasurer  to make





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