2012 -- S 2941

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LC02572

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - COURTS

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: May 03, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-10-3.2 of the General Laws in Chapter 8-10 entitled "Family

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Court" is hereby amended to read as follows:

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     8-10-3.2. General magistrate of the family court. -- (a) There is hereby created within

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the family court the position of general magistrate of the family court who shall be appointed by

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the chief judge of the family court with the advice and consent of the senate for a term of ten (10)

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years and until a successor is appointed and qualified. Nothing herein shall be construed to

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prohibit the assignment of the general magistrate to more than one such term, subject to the

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advice and consent of the senate.

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      (b) The general magistrate shall be an attorney at law and a member in good standing of

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the Rhode Island bar.

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      (c) The primary function of the general magistrate shall be the enforcement of child

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support decrees, orders, and law relative to child support. The general magistrate shall have all

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the authority and powers vested in magistrates by virtue of sections 8-10-3, 8-10-3.1, 9-15-19, 9-

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15-21, 9-14-26, 9-18-8, 9-18-9, and 36-2-3, and any other authority conferred upon magistrates

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by any general or public law or by any rule of procedure or practice of any court within the state.

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      (d) The chief justice of the supreme court with the agreement of the chief judge of the

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family court may specially assign the general magistrate to any court of the unified judicial

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system; provided, however, that the general magistrate may be assigned to the superior court

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subject to the prior approval of the presiding justice of the superior court. When the general

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magistrate is so assigned he or she shall be vested, authorized, and empowered with all the

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powers belonging to the magistrates of the court to which he or she is specially assigned.

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      (e) The general magistrate shall:

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      (1) Receive all credits and retirement allowances as afforded justices under chapter 3 of

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this title and any other applicable law;

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      (2) Be governed by the commission on judicial tenure and discipline, chapter 16 of this

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title, in the same manner as justices and workers' compensation judges;

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      (3) Be entitled to a special license plate under section 31-3-47;

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      (4) Receive a salary equivalent to that of a district court judge;

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      (5) Be subject to all the provisions of the canons of judicial ethics; and

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      (6) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-

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7-2.

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      (f) The general magistrate of the family court who shall at the time of passage of this

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section hold the position of general magistrate, shall upon retirement, at his or her own request

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and at the direction of the chief justice of the supreme court, subject to the retiree’s physical and

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mental competence, be assigned to perform such services as general magistrate of the family

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court, as the chief judge of the family court shall prescribe. When so assigned and performing

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such service, the general magistrate shall have all the powers and authority of general magistrate

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of the family court, but otherwise shall have no powers nor be authorized to perform any judicial

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duties. For any such service or assignments performed after retirement, the general magistrate

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shall receive no compensation whatsoever, either monetary or in kind. Such a retired general

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magistrate shall not be counted in the number of judicial officers provided by law for the family

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court.

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     (f) (g) The provisions of this section shall be afforded liberal construction.

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     SECTION 2. Section 36-10-36 of the General Laws in Chapter 36-10 entitled

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"Retirement System-Contributions and Benefits" is hereby amended to read as follows:

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     36-10-36. Post retirement employment. -- (a) On and after July 7, 1994, no member

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who has retired under the provisions of titles 16, 36, or 45 may be employed or reemployed by

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any state agency or department unless any and all retirement benefits to which he or she may be

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entitled by virtue of the provisions of titles 16, 36 or 45 are suspended for the duration of any

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employment or reemployment. No additional service credits shall be granted for any post-

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retirement employment or reemployment and no deductions shall be taken from an individual's

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salary for retirement contribution. Notice of any such post-retirement employment or

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reemployment shall be sent monthly to the retirement board by the employing agency or

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department and by the retired member.

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      (b) Any member who has retired under the provisions of titles 16, 36, or 45 may be

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employed or reemployed by any municipality within the state, which municipality has accepted

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the provisions of chapter 21 of title 45 and which participates in the municipal employees'

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retirement system for a period of not more than seventy-five (75) working days or one hundred

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fifty (150) half days with half day pay in any one calendar year without any forfeiture of or

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reduction of any retirement benefits and allowances the member is receiving or may receive as a

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retired member. Pension payments shall be suspended whenever this period is exceeded. No

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additional contributions shall be taken and no additional service credits shall be granted for this

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service. Notice of this employment or re-employment shall be sent monthly to the retirement

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board by the employer and by the retired member.

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      (c) Any member who has retired under the provisions of title 16, 36, or 45 may be

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employed or re-employed by any municipality within the state which has not accepted the

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provisions of chapter 21 of title 45 and which does not participate in the municipal employees'

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retirement system.

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      (d) Notwithstanding the provisions of this section:

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      (1) Any retired member of the system shall be permitted to serve as an elected mayor,

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the town administrator, the city administrator, the town manager, the city manager, the chief

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administrative officer or the chief executive officer of any city or town, city or town council

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member, school committee member, or unpaid member of any part-time state board or

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commission or member of any part-time municipal board or commission, and shall continue to be

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eligible for and receive the retirement allowance for service other than that as a mayor,

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administrator, council member, school committee member, or member of any state board or

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commission or member of any part-time municipal board or commission; provided, however, that

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no additional service credits shall be granted for any service under this subsection;

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      (2) Any retired member who retired from service at any state college, university, state

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school, or who retired from service as a teacher under the provisions of title 16, or who retired

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from service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by

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any state college, university or state school for the purpose of providing classroom instruction,

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academic advising of students and/or coaching. Compensation shall be provided at a level not to

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exceed the salary provided to other faculty members employed under a collective bargaining

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agreement at the institution. In no event shall "part-time" mean gross pay of more than fifteen

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thousand dollars ($15,000) in any one calendar year. Any retired member who provides such

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instruction or service shall do so without forfeiture or reduction of any retirement benefit or

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allowance; and provided, however, that no additional service credits shall be granted for any

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service under this subsection;

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      (3) Any retired member who retired from service as a teacher under the provisions of

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title 16, or as a state employee who while an active state employee was certified to teach driver

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education by the department of elementary and secondary education or by the board of governors

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for higher education, may be employed or reemployed, on a part-time basis, by the department of

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elementary and secondary education or by the board of governors for higher education for the

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purpose of providing classroom instruction in driver education courses in accordance with section

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31-10-19 and/or motorcycle driver education courses in accordance with section 31-10.1-1.1. In

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no event shall "part-time" mean gross pay of more than fifteen thousand dollars ($15,000) in any

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one calendar year. Any retired teacher who provides that instruction shall do so without forfeiture

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or reduction of any retirement benefit or allowance the retired teacher is receiving as a retired

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teacher; provided, however, that no additional service credits shall be granted for any service

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under this subsection; and

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      (4) Any retired member who retired from service as a registered nurse may be employed

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or reemployed, on a per diem basis, for the purpose of providing professional nursing care and/or

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services at a state operated facility in Rhode Island. In no event shall "part-time" mean gross pay

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of more than twelve thousand dollars ($12,000) in any one calendar year. Any retired nurse who

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provides such care and/or services shall do so without forfeiture or reduction of any retirement

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benefit or allowance the retired nurse is receiving as a retired nurse; provided, however, that no

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additional service credits shall be granted for any service under this subsection.

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     (5) Any retired member who at the time of passage of this section serves as a general

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magistrate within the family court and thereafter retires from judicial service, may be employed

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or reemployed by the family court to perform such services as a general magistrate of the family

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court as the chief judge of the family court shall prescribe, without any forfeiture of or reduction

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of any retirement benefits and allowances that he or she is receiving or may receive. For any such

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services or assignments performed after retirement, the general magistrate shall receive no

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compensation whatsoever, either monetary or in kind. No additional contributions shall be taken

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and no additional service credits shall be granted for this service.

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     SECTION 3. This act shall take effect upon passage.

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LC02572

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - COURTS

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     This act would allow the general magistrate of the family court, upon retirement and at

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the direction of the chief justice of the supreme court, to perform services as general magistrate as

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the chief justice prescribes without any reduction of retirement benefits, and for any such services

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performed after retirement, the general magistrate shall receive no compensation, either monetary

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or in kind, and no additional retirement contributions or credits shall be granted for such services.

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     This act would take effect upon passage.

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LC02572

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