2013 -- S 0545

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LC01619

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION

COURT

     Introduced By: Senators McCaffrey, and Lynch

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 28-30-15, 28-30-15.1, 28-30-16 and 28-30-16.2 of the General

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Laws in Chapter 28-30 entitled "Workers' Compensation Court" are hereby amended to read as

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follows:

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     28-30-15. Retirement of judges engaged on or before July 2, 1997, on reduced pay. --

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(a) Whenever any person engaged as a judge on or before July 2, 1997, has served as a workers'

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compensation judge for twenty (20) years, or has so served for ten (10) years and has reached the

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age of sixty-five (65) years, he or she may retire from active service and subsequently he or she

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shall receive annually during life a sum equal to three-fourths ( 3/4) of the annual salary that he or

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she was receiving at the time of retirement. In determining eligibility under this section, any

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judge who has served as a general officer may include that service as if that service had been on

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the workers' compensation court. Whenever a judge or magistrate shall be granted a leave of

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absence without pay, such absence shall not be credited towards active service time for the

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purposes of retirement.

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      (b) Any judge who retires in accordance with the provisions of this section may at his or

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her own request and at the direction of the chief judge justice of the supreme court, subject to the

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retiree's physical and mental competence, be assigned to perform any services that a judge on the

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workers' compensation court as the chief judge prescribes. When so assigned and performing

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those services, he or she shall have all the powers and authority of a judge. A retired judge shall

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not be counted in the number of judges provided by law for the workers' compensation court.

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Whenever a judge or magistrate shall be granted a leave of absence without pay, such absence

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shall not be credited towards active service time for the purposes of retirement.

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     28-30-15.1. Retirement of judges engaged after July 2, 1997. -- (a) Whenever any

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person first engaged as a judge:

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      (1) Subsequent to July 2, 1997 and prior to January 1, 2009, has served as a workers'

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compensation judge for twenty (20) years, or has so served for ten (10) years and has reached the

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age of sixty-five (65) years, he or she may retire from active service and subsequently he or she

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shall receive annually during life a sum equal to three-fourths ( 3/4) of his or her average highest

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three (3) consecutive years of compensation;

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      (2) On or after January 1, 2009 and prior to July 1, 2009, has served as a workers'

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compensation judge for twenty (20) years or has so served for ten (10) years and reached the age

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of sixty-five (65) years, he or she may retire from active service and subsequently he or she shall

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receive annually during life a sum equal to seventy percent (70%) of his or her average highest

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three (3) consecutive years or compensation.

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      (3) On or after July 1, 2009, has served as a workers' compensation judge for twenty (20)

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years, or has served for ten (10) years, and reached the age of sixty-five (65) years, he or she may

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retire from regular active service and thereafter said justice shall receive annually during his or

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her life a sum equal to sixty-five (65%) percent of his or her average highest five (5) consecutive

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years of compensation.

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      (b) In determining eligibility under this section, any judge who has served as a general

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officer may include that service as if that service had been on the workers' compensation court.

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Whenever a judge or magistrate shall be granted a leave of absence without pay, such absence

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shall not be credited towards active service time for the purposes of retirement.

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      (c) Any judge who retires in accordance with the provisions of this section may at his or

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her own request and at the direction of the chief judge justice of the supreme court subject to the

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retiree's physical and mental competence, be assigned to perform those services that a judge on

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the workers' compensation court as the chief judge prescribes. When so assigned and performing

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those services, he or she shall have all the powers and authority of a judge. A retired judge shall

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not be counted in the number of judges provided by law for the workers' compensation court.

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     28-30-16. Retirement of judges engaged on or before July 2, 1997, on full pay. -- (a)

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Whenever any person engaged as a judge on or before July 2, 1997, has served as a workers'

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compensation judge for twenty (20) years and has reached the age of sixty-five (65) years, or has

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served for fifteen (15) years and reached the age of seventy (70) years, he or she may retire from

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regular active service and subsequently he or she shall receive annually during his or her life a

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sum equal to the annual salary he or she was receiving at the time of his or her retirement.

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Whenever a judge or magistrate shall be granted a leave of absence without pay, such absence

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shall not be credited towards active service time for the purposes of retirement.

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      (b) Any judge who retires in accordance with the provisions of this section shall at the

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direction of the chief judge justice of the supreme court, subject to the retiree's physical and

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mental competence, be assigned to perform those services that a judge as the chief judge

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prescribes. When so assigned and performing that service, the retiree shall have all the powers

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and authority of a judge. The retired judge shall not be counted in the number of judges provided

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by law for the workers' compensation court.

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     28-30-16.2. Retirement of judges engaged after July 2, 1997, on full pay. -- (a)

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Whenever any person first engaged as a judge:

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      (1) Subsequent to July 2, 1997 and prior to January 1, 2009, has served as a workers'

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compensation judge for twenty (20) years and has reached the age of sixty-five (65) years, or has

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served for fifteen (15) years and reached the age of seventy (70) years, he or she may retire from

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regular active service and subsequently he or she shall receive annually during his or her life a

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sum equal to his or her average highest three (3) consecutive years of compensation;

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      (2) On or after January 1, 2009 and prior to July 1, 2009 has served as a workers'

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compensation judge for twenty (20) years and has reached the age of sixty-five (65) years, or has

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served for fifteen (15) years and reached the age of seventy (70) years, he or she may retire from

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regular active service and subsequently he or she shall receive annually during his or her life a

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sum equal to ninety percent (90%) of his or her average highest three (3) consecutive years of

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compensation.

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      (3) On or after July 1, 2009 has served as a workers' compensation judge for twenty (20)

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years and has reached the age of sixty-five (65) years, or has served for fifteen (15) years and

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reached the age of seventy (70) years, he or she may retire from regular active service and

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subsequently he or she shall receive annually during his or her life a sum equal to eighty percent

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(80%) of his or her average highest five (5) consecutive years of compensation.

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      (b) Whenever a judge or magistrate shall be granted a leave of absence without pay, such

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absence shall not be credited towards active service time for the purposes of retirement.

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      (c) Any judge who retires in accordance with the provisions of this section shall at the

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direction of the chief judge justice of the supreme court, subject to the retiree's physical and

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mental competence be assigned to perform those services as a judge that the chief judge

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prescribes. When so assigned and performing that service, the retiree shall have all the powers

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and authority of a judge. The retired judge shall not be counted in the number of judges provided

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by law for the workers' compensation court.

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     SECTION 2. This act shall take effect upon passage.

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LC01619

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION

COURT

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     This act would provide for the recall of a workers' compensation court judge by the chief

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justice of the supreme court consistent with the recall provisions of all other state courts.

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     This act would take effect upon passage.

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LC01619

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