ORTLEY BEACH PROPERTY OWNERS ASSOCIATION et al. v. FIRE COMMISSIONERS OF DOVER TOWNSHIP FIRE DISTRICT NO. 1,

(NOTE: This decision was approved by the court for publication.)
This case can also be found at 330 N.J. Super. 358.

NOT FOR PUBLICATION WITHOUT THE
 
APPROVAL OF THE APPELLATE DIVISION
 
 

SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-3310-98T2

ORTLEY BEACH PROPERTY OWNERS
ASSOCIATION and DANIEL POLIFRONI,

Plaintiffs-Appellants,

v.

FIRE COMMISSIONERS OF DOVER
TOWNSHIP FIRE DISTRICT NO. 1,
 
Defendants-Third Party-
Plaintiffs-Respondents,

and

NEW JERSEY STATE ASSOCIATION
OF FIRE DISTRICTS: DOVER TOWNSHIP
FIRE DISTRICT NO. 2,

Intervenors-Respondents,

and

VOLUNTEER FIREMEN'S INSURANCE
SERVICES,

Intervenor-Third Party-
Plaintiff-Respondent,

v.

THE DEPARTMENT OF COMMUNITY
AFFAIRS OF THE STATE OF NEW JERSEY,

Third Party-Defendant-
Respondent.

___________________________________

Argued April 10, 2000 - Decided May 2, 2000
 
Before Judges Petrella, Conley and Coburn.
 
On appeal from Superior Court of New Jersey, Law Division, Ocean County, whose opinion is published at 320 N.J. Super. 132 (Law Div. 1998).
 
James J. Guida argued the cause for appellants.

Daniel P. Reynolds, Deputy Attorney General, argued the cause for respondent The Department of Community Affairs of the State of New Jersey (John J. Farmer, Jr., Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Mr. Reynolds, on the brief).
 
Richard M. Braslow argued the cause for intervenor-respondent New Jersey State Association of Fire Districts: Dover Township Fire District No. 2.
 
Michael C. Paxton argued the cause for respondents Fire Commissioners of Dover Township Fire District No. 1 (Shea & Novy, attorneys; Robert C. Shea, of counsel and on the brief; Mr. Paxton, also on the brief).
 
Edwin C. Landis, Jr. argued the cause for intervenor-respondent Volunteer Firemen's Insurance Services (Meyner & Landis, attorneys; Mr. Landis and David B. Grantz, on the brief).
 
PER CURIAM

Plaintiffs Ortley Beach Property Owners Association and Daniel Polifroni appeal from the dismissal of their action which challenged a Length of Service Award Program (LOSAP) adopted by the Fire Commissioners of Dover Township Fire District No. 1 as a type of retirement plan for volunteer firefighters. Plaintiffs unsuccessfully sought to challenge the constitutionality of N.J.S.A. 40A:14-193b, which exempted existing LOSAPs from the requirement that the creation of such programs be submitted to the district voters on a referendum basis, see N.J.S.A. 40A:14 185c. In effect, N.J.S.A. 40A:14-193 grandfathered existing programs at the time of the enactment of the "Emergency Services Volunteer Length of Service Award Program Act," N.J.S.A. 40A:14 183 et seq. (L. 1997, c. 388, effective January 19, 1998).
Plaintiffs argue that (1) the trial judge erred in improperly applying a rational basis test; (2) the N.J.S.A. 40A:14-193b exemption of preexisting LOSAPs from the referendum requirement violated due process and equal protection requirements under the federal and state constitutions; (3) the judge erred in holding that the statute was not unconstitutional special legislation prohibited by N.J. Const. art. IV, 7, 7 and 9(8); and (4) the judge erred in holding that the grandfather clause in N.J.S.A. 40A:14-193 was enforceable.
We have considered plaintiffs' arguments in light of the record and are satisfied that the Law Division's disposition of the matter was correct.
We affirm substantially for the reasons expressed in Judge Serpentelli's written opinion, reported at 320 N.J. Super. 132 (Law Div. 1998).