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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