Chapter 07-126

Chapter 126

2007 -- S 0405 SUBSTITUTE A

Enacted 06/27/07

A N A C T

RELATING TO JUDICIAL PENSIONS

Introduced By: Senators McCaffrey, McBurney, and Jabour

Date Introduced: February 13, 2007

It is enacted by the General Assembly as follows:

SECTION 1. Sections 8-3-7, 8-3-7.1, 8-3-8 and 8-3-8.1 of the General Laws in Chapter

8-3 entitled "Justices of Supreme, Superior, and Family Courts" are hereby amended to read as

follows:

8-3-7. Retirement of justices on reduced pay -- Assignment as associate justices. --

(a) Whenever any person engaged as a judge on or before [July 2, 1997]has served as a justice of

the supreme court, the superior court, the family court, the district court, or any combination

thereof for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty-

five (65) years, that justice may retire from active service and thereafter the justice shall receive

annually during life a sum equal to three-fourths (3/4) of the annual salary that the justice was

receiving at the time of retirement. Whenever a justice or magistrate shall be granted a leave of

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

purposes of retirement.

(b) Any justice in any of the courts who shall retire in accordance with the provisions of

this section or section 36-9-5 may, at his or her own request and at the direction of the chief

justice of the supreme court, subject to the retiree's physical and mental competence, be assigned

to perform such services as an associate justice of the superior court, or the family court, or the

district court as the presiding justice of the superior court, or the chief judge of the family court,

or the district shall prescribe. When so assigned and performing such service, the justice shall

have all the powers and authority of an associate justice of the superior court, the family court, or

the district court but otherwise shall have no powers nor be authorized to perform any judicial

duties. Such a retired justice shall not be counted in the number of judges provided by law for the

superior court, the family court, or the district court.

this section shall at the direction of the chief justice of the supreme court, subject to the retiree's

physical and mental competence, be assigned to perform such services as an associate justice of

the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and

performing such services, the retiree shall have all the powers and authority of an associate justice

of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform

any judicial duties relating to the supreme court, except as authorized under section 8-1-1. Such a

retired justice shall not be counted in the number of justices provided by law for the supreme

court.

8-3-7.1. Retirement of justices on reduced pay -- Assignment as associate justices. --

(a) Whenever any person first engaged as a judge subsequent to [July 2, 1997] has served as a

justice of the supreme court, the superior court, the family court, the district court or any

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

age of sixty-five (65) years, said justice may retire from active service and thereafter said justice

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

three (3) consecutive years of compensation. Whenever a justice or magistrate shall be granted a

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

the purposes of retirement.

(b) Any justice in any of said courts who shall retire in accordance with the provisions of

this section or section 36-9-5 may, at his or her own request and at the direction of the chief

justice of the supreme court, subject to the retiree's physical and mental competence, be assigned

to perform such services as an associate justice of the superior court, or the family court or the

district court as the presiding justice of the superior court or the chief judge of the family court or

the district shall prescribe. When so assigned and performing such service, said justice shall have

all the powers and authority of an associate justice of the superior court, the family court, or the

district court but otherwise shall have no powers nor be authorized to perform any judicial duties.

Such a retired justice shall not be counted in the number of judges provided by law for the

superior court, the family court or the district court.

this section shall at the direction of the chief justice of the supreme court, subject to the retiree's

physical and mental competence, be assigned to perform such services as an associate justice of

the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and

performing such services, the retiree shall have all the powers and authority of an associate justice

of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform

any judicial duties relating to the supreme court, except as authorized under section 8-1-1. Such a

retired justice shall not be counted in the number of justices provided by law for the supreme

court.

8-3-8. Retirement of justices on full pay -- Assignment as associate justices. -- (a)

Whenever any person engaged as a judge on or before [July 2, 1997] shall have served as a

justice of the supreme court, the superior court, the family court, the district court, or any of them

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

(15) years, and reached the age of seventy (70) years, that justice may retire from regular active

service and thereafter the justice shall receive annually during his or her life a sum equal to the

annual salary the justice was receiving at the time of his or her retirement. Whenever a justice or

magistrate shall be granted a leave of absence without pay, such absence shall not be credited

towards active service time for the purposes of retirement.

(b) Any justice of any of the courts who shall retire in accordance with the provisions of

this section shall at the direction of the chief justice of the supreme court, subject to the retiree's

physical and mental competence, be assigned to perform such services as an associate justice of

the superior court, or the family court, or the district court as the presiding justice of the superior

court, or the chief judge of the family court, or the district court shall prescribe. When so assigned

and performing such service, the retiree shall have all the powers and authority of an associate

justice of the superior court, the family court, or the district court but otherwise he or she shall

have no powers nor be authorized to perform any judicial duties. Such a retired justice shall not

be counted in the number of judges provided by law for the superior court, the family court, or the

district court.

this section shall at the direction of the chief justice of the supreme court, subject to the retiree's

physical and mental competence, be assigned to perform such services as an associate justice of

the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and

performing such services, the retiree shall have all the powers and authority of an associate justice

of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform

any judicial duties relating to the supreme court, except as authorized under section 8-1-1. Such a

retired justice shall not be counted in the number of justices provided by law for the supreme

court.

8-3-8.1. Retirement of justices on full pay -- Assignment as associate justices. -- (a)

Whenever any person first engaged as a judge subsequent to [July 2, 1997] shall have served as a

justice of the supreme court, the superior court, the family court, the district court, or any of them

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

(15) years, and reached the age of seventy (70) years, said justice may retire from regular active

service and thereafter said justice shall receive annually during his or her life a sum equal to his

or her average highest three (3) consecutive years of compensation. Whenever a justice or

magistrate shall be granted a leave of absence without pay, such absence shall not be credited

towards active service time for the purposes of retirement.

(b) Any justice of any of the aforesaid courts who shall retire in accordance with the

provisions of this section, shall at the direction of the chief justice of the supreme court, subject to

the retiree's physical and mental competence be assigned to perform such services as an associate

justice of the superior court, or the family court, or the district court as the presiding justice of the

superior court or the chief judge of the family court, or the district court shall prescribe. When so

assigned and performing such service, the retiree shall have all the powers and authority of an

associate justice of the superior court, the family court, or the district court but otherwise he or

she shall have no powers nor be authorized to perform any judicial duties. Such a retired justice

shall not be counted in the number of judges provided by law for the superior court, the family

court, or the district court.

this section, shall at the direction of the chief justice of the supreme court, subject to the retiree's

physical and mental competence, be assigned to perform such services as an associate justice of

the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and

performing such services, the retiree shall have all the powers and authority of an associate justice

of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform

any judicial duties relating to the supreme court, except as authorized under section 8-1-1. Such a

retired justice shall not be counted in the number of justices provided by law for the supreme

court.

SECTION 2. Sections 8-8.2-6 and 8-8.2-9 of the General Laws in Chapter 8-8.2 entitled

"Traffic tribunal" are hereby amended to read as follows:

8-8.2-6. Retirement of judges on reduced pay. -- (a) Whenever any person engaged as

a judge on or before July 2, 1997, has served as a judge of the administrative adjudication court or

as a judge of the administrative adjudication court who is reassigned by this chapter to the traffic

tribunal for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty

five (65) years, the judge may retire from active service and, thereafter, the judge shall receive

annually during life a sum equal to three fourths (3/4) of the annual salary that the judge was

receiving at the time of retirement; provided, however, any person who has served for twenty (20)

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

reached the age of seventy (70) years, may retired from active service and, thereafter, the judge

shall receive annually during his or her life a sum equal to the annual salary he or she was

receiving at the time of his or her retirement. In determining eligibility under this section, any

judge who has served within the judiciary or as a hearing officer or administrative law judge, may

include such service as if the service had been on the administrative adjudication court and shall

be included under the provisions of section 36-9-5. Whenever a judge or magistrate shall be

granted a leave of absence without pay, such absence shall not be credited towards active service

time for the purposes of retirement.

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

his or her request, and at the direction of the chief justice of the supreme court subject to the

retiree's physical and mental competence, be assigned to perform such services as a judge or

magistrate in the traffic tribunal as the chief judge of the district court or the chief justice shall

prescribe. When so assigned and performing that service, he or she shall have all the powers and

authority of a judge or magistrate. A retired judge shall not be counted in the number of

magistrates provided by law for the traffic tribunal nor shall he or she receive any further

emolument other than his or her retirement pay for the performance of the aforesaid services.

8-8.2-9. Retirement of judges on reduced pay. -- (a) Whenever any person first

engaged as a judge subsequent to July 2, 1997, has served as a judge of the administrative

adjudication court or as a judge of the administrative adjudication court who is reassigned by this

chapter to the traffic tribunal for twenty (20) years, or has so served for ten (10) years and has

reached the age of sixty five (65) years, the judge may retire from active service and, thereafter,

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

highest three (3) consecutive years of compensation; provided, however any such person who has

served twenty (20) years and has reached the age sixty five (65) or has served fifteen (15) years

and has reached the age of seventy (70) years, may retire from active service and, thereafter, the

judge shall receive annually during life a sum equal to his or her average highest three (3)

consecutive years of compensation. In determining eligibility under this section, any judge who

has served within the judiciary or as a hearing officer or administrative law judge, may include

such service as if the service had been on the administrative adjudication court and shall be

included under the provision of section 36-9-5. Whenever a justice or magistrate shall be granted

a leave of absence without pay, such absence shall not be credited towards active service time for

the purposes of retirement.

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

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

retiree's physical and mental competence, be assigned to perform such services as a magistrate in

the traffic tribunal as the chief judge or chief justice shall prescribe. When so assigned and

performing that service, he or she shall have all the powers and authority of a magistrate. A

retired judge shall not be counted in the number of magistrates provided by law for the division of

traffic adjudication nor shall he or she receive any further emolument other than his or her

retirement pay for the performance of the aforesaid services.

SECTION 3. Sections 28-30-15, 28-30-15.1, 28-30-16 and 28-30-16.2 of the General

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

follows:

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

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

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

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

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

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

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

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

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

purposes of retirement.

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

her own request and at the direction of the chief judge of the court, subject to the retiree's physical

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

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

services, he or she shall have all the powers and authority of a judge. A retired judge shall not be

counted in the number of judges provided by law for the workers' compensation court. Whenever

a judge or magistrate shall be granted a leave of absence without pay, such absence shall not be

credited towards active service time for the purposes of retirement.

28-30-15.1. Retirement of judges engaged after July 2, 1997, on reduced pay. -- (a)

Whenever any person first engaged as a judge subsequent to July 2, 1997, has served as a

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

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

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

average highest three (3) consecutive years of compensation. In determining eligibility under this

section, any judge who has served as a general officer may include that service as if that service

had been on the workers' compensation court. Whenever a judge or magistrate shall be granted a

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

the purposes of retirement.

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

her own request and at the direction of the chief judge of the court subject to the retiree's physical

and mental competence, be assigned to perform those services that a judge on the workers'

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

services, he or she shall have all the powers and authority of a judge. A retired judge shall not be

counted in the number of judges provided by law for the workers' compensation court.

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

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

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

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

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

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

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

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

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

direction of the chief judge of the court, subject to the retiree's physical and mental competence,

be assigned to perform those services that a judge as the chief judge prescribes. When so assigned

and performing that service, the retiree shall have all the powers and authority of a judge. The

retired judge shall not be counted in the number of judges provided by law for the workers'

compensation court.

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

Whenever any person first engaged as a judge subsequent to July 2, 1997 has served as a workers'

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

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

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

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

judge or magistrate shall be granted a leave of absence without pay, such absence shall not be

credited towards active service time for the purposes of retirement.

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

direction of the chief judge of the court, subject to the retiree's physical and mental competence

be assigned to perform those services as a judge that the chief judge prescribes. When so assigned

and performing that service, the retiree shall have all the powers and authority of a judge. The

retired judge shall not be counted in the number of judges provided by law for the workers'

compensation court.

SECTION 4. This act shall take effect upon passage.

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LC00301/SUB A

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