Chapter
274
2007 -- S 0043 SUBSTITUTE A
Enacted 07/06/07
A N A C T
RELATING
TO COURTS AND CIVIL PROCEDURE -- RETIREMENT OF JUDGES
Introduced
By: Senator John F. McBurney
Date
Introduced: January 12, 2007
It is enacted by the General Assembly as
follows:
SECTION 1. Section
8-3-16 of the General Laws in Chapter 8-3 entitled "Justices of
Supreme, Superior, and Family Courts" is
hereby amended to read as follows:
8-3-16.
Retirement contribution. -- (a) Judges engaged after December
31, 1989 shall
have deducted from total salary beginning
December 31, 1989 an amount equal to a rate percent
of compensation as specified in section 36-10-1
relating to member contributions to the state
retirement system. Proceeds deposited shall be
held in trust for the purpose of paying retirement
benefits to participating judges or their
beneficiaries. The retirement board shall establish rules
and regulations to govern the provisions of this
section.
(b) A member
of the judiciary who withdraws from service or ceases to be a member for
any reason other than death or
retirement, shall be paid on demand a refund consisting of the
accumulated contributions standing to his or her
credit in his or her individual account in the
judicial retirement benefits account. Any member
receiving a refund shall thereby forfeit and
relinquish all accrued rights as a member of the
system together with credits for total service
previously granted to the member; provided, however,
that if any member who has received a
refund shall subsequently reenter the service
and again become a member of the system, he or she
shall have the privilege of restoring all money
previously received or disbursed to his or her credit
as refund of contributions. Upon the repayment
of the refund as herein provided, the member
shall again receive credit for the amount of
total service which he or she had previously forfeited
by the acceptance of the refund.
(c) Whenever
any judge dies from any cause before retirement and has no surviving
spouse or minor child(ren), a payment shall be
made of the accumulated contributions standing to
his or her credit in his or her individual
account in the judicial retirement benefits account. The
payment of the accumulated contributions of the
judge shall be made to such person as the judge
shall have nominated by written designation duly
executed and filed with the retirement board, or
if the judge has filed no nomination, or if the
person so nominated has died, then to the estate of
the deceased judge.
SECTION 2. Section
8-8-10.1 of the General Laws in Chapter 8-8 entitled "District
Court" is hereby amended to read as
follows:
8-8-10.1.
Retirement contribution. -- (a) Judges engaged after December
31, 1989 shall
have deducted from total salary beginning
December 31, 1989 an amount equal to a rate percent
of compensation as specified in section 36-10-1
relating to member contributions to the state
retirement system. The receipts collected under
this provision shall be deposited in a restricted
revenue account entitled "Judicial
retirement benefits". Proceeds deposited in this account shall
be held in trust for the purpose of paying
retirement benefits to participating judges or their
beneficiaries. The retirement board shall
establish rules and regulations to govern the provisions
of this section.
(b) A
member of the judiciary who withdraws from service or ceases to be a member for
any reason other than death or retirement
shall be paid on demand a refund consisting of the
accumulated contributions standing to his or her
credit in his or her individual account in the
judicial retirement benefits account. Any member
receiving a refund shall thereby forfeit and
relinquish all accrued rights as a member of the
system together with credits for total service
previously granted to the member; provided,
however, that if any member who has received a
refund shall subsequently reenter the service
and again become a member of the system, the
member shall have the privilege of restoring all
money previously received or disbursed to his or
her credit as refund of contributions. Upon the
repayment of the refund as herein provided, the
member shall again receive credit for the amount
of total service which he or she had previously
forfeited by the acceptance of the refund.
(c) Whenever
any judge dies from any cause before retirement and has no surviving
spouse or minor child(ren), a payment shall be
made of the accumulated contributions standing to
his or her credit in his or her individual
account in the judicial retirement benefits account. The
payment of the accumulated contributions of the
judge shall be made to such person as the judge
shall have nominated by written designation duly
executed and filed with the retirement board, or
if the judge has filed no nomination, or if the
person so nominated has died, then to the estate of
the deceased judge.
SECTION 3. Section
28-30-18.1 of the General Laws in Chapter 28-30 entitled
"Workers' Compensation Court" is
hereby amended to read as follows:
28-30-18.1.
Retirement contribution. -- (a) Workers' compensation judges
engaged
after December 31, 1989, shall have deducted from
total salary beginning December 31, 1989, an
amount equal to a rate percent of compensation
as specified in section 36-10-1 relating to
member contributions to the state retirement
system. The receipts collected under this provision
shall be deposited in a restricted revenue
account entitled "workers' compensation judges'
retirement benefits". Proceeds deposited in
this account shall be held in trust for the purpose of
paying retirement benefits to participating
judges or their beneficiaries. The retirement board
shall establish rules and regulations to govern
the provisions of this section.
(b) A judge
of the court who withdraws from service or ceases to be a judge for any
reason other than death or retirement
shall be paid on demand a refund consisting of the
accumulated contributions standing to his or her
credit in his or her individual account in the
workers' compensation judges' retirement
benefits account. Any judge receiving a refund shall
forfeit and relinquish all accrued rights as a
member of the system together with credits for total
service previously granted to the judge;
provided, that if any judge who has received a refund
subsequently reenters the service and again
becomes a member of the system, he or she shall have
the privilege of restoring all money previously
received or disbursed to his or her credit as refund
of contributions. Upon the repayment of the
refund, the judge shall again receive credit for the
amount of total service that he or she had previously
forfeited by the acceptance of the refund.
(c) Whenever
any judge of the workers' compensation court dies from any cause before
retirement and has no surviving spouse or minor
child(ren), a payment shall be made of the
accumulated contributions standing to his or her
credit in his or her individual account in the
workers' compensation judges' retirement
account. The payment of the accumulated contributions
of the judge shall be made to such person as the
judge shall have nominated by written
designation duly executed and filed with the
retirement board, or if the judge has filed no
nomination, or if the person so nominated has
died, then to the estate of the deceased judge.
SECTION 4. Section
8-8.2-7 of the General Laws in Chapter 8-8.2 entitled "Traffic
tribunal" is hereby amended to read as
follows:
8-8.2-7.
Retirement contribution. – (a) Judges of the administrative
adjudication court
engaged after December 31, 1989 who are
reassigned by this chapter to the traffic tribunal shall
have deducted from their total salary beginning
December 31, 1989, an amount equal to a rate
percent of compensation as specified in section
36-10-1 relating to member contributions to the
state retirement system. The receipts collected under
this provision shall be deposited in a
restricted revenue account entitled
"administrative adjudication retirement benefits". Proceeds
deposited in this account shall be used to pay
judges' retirement costs. The retirement board shall
establish rules and regulations to govern the
provisions of this section. A judge of the
administrative adjudication court reassigned by
this chapter to the traffic tribunal who withdraws
from service or ceases to be a member for any
reason other than death or retirement, shall be paid
on demand a refund consisting of the accumulated
contributions standing to his or her credit in
his or her individual account in the
administrative adjudication retirement benefits account. Any
member receiving a refund shall thereby forfeit
and relinquish all accrued right as a member of
the system together with credits for total
service previously granted to the member; provided,
however, that if any member who has received a
refund shall subsequently reenter the service and
again become a member of the system, he or she
shall have the privilege of restoring all moneys
previously received or disbursed to his or her
credit as a refund of contributions. Upon the
repayment of the refund as herein provided, such
member shall again receive credit for the
amount of total service which he or she had
previously forfeited by the acceptance of the refund.
(b) Whenever
any judge of the administrative adjudication court dies from any cause
before retirement and has no surviving spouse or
minor child(ren), a payment shall be made of
the accumulated contributions standing to his or
her credit in his or her individual account in the
administrative adjudication court judges'
retirement account. The payment of the accumulated
contributions of the judge shall be made to such
person as the judge shall have nominated by
written designation duly executed and filed with
the retirement board, or if the judge has no filed
nomination, or if the person so nominated has
died, then to the estate of the deceased judge.
SECTION 5. This
act shall take effect upon passage.
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LC00441/SUB A
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