ARTICLE 35 SUBSTITUTE A
Relating To JUSTICES OF THE SUPREME,
SUPERIOR AND FAMILY COURTS -- RETIREMENT REFORM ACT
SECTION 1. Sections
8-3-7, 8-3-8 and 8-3-11 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:
(1) on 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.;
(2) Subsequent to July 2, 1997 and
prior to January 1, 2009, 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;
(3) On or after January 1, 2009, 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 seventy percent (70%) of his or her average highest three (3) consecutive years of compensation.
(b) 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) (c) 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.
(c) (d) Any justice of the supreme court 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 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:
(1) on 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.
(2)
Subsequent to July 2, 1997 and prior to January 1, 2009, 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.
(3)
On or after January 1, 2009, 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 ninety
percent (90%) of his or her average highest three consecutive years of
compensation.
(b) 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) (c) 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.
(c) (d) Any justice of the supreme court 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 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.
8-3-11. Allowances to surviving spouses, domestic partners or minor children of deceased justices. -- (a) Whenever any justice of the supreme court, the superior court, the family court, or the district court who was engaged as a judge prior to January 1, 2009, dies after retirement or during active service while eligible for retirement, or during active service after having served fifteen (15) years or more in office, his or her surviving spouse or domestic partner shall receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, an amount equal to one-half (1/2) of the annual payment that the justice was receiving by way of salary or retirement pay at the time of his or her death. Whenever a justice of any of the courts shall die without having become eligible to retire either under section 8-3-7 or 8-3-8 and has served seven (7) years or more in office, his or her surviving spouse or domestic partner shall receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, one-third ( 1/3) of the annual salary that the justice was receiving at the time of his or her death. Whenever a justice of the courts shall die without having become eligible to retire either under section 8-3-7 or 8-3-8 and has not served seven (7) years in office, his or her surviving spouse or domestic partner shall receive annually thereafter, during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, one-fourth (1/4) of the annual salary that the justice was receiving at the time of his or her death.
(b) Any justice of the courts who is
engaged as a judge on or after January 1, 2009 may elect to receive retirement
pay that is reduced by an additional ten percent (10%) of the average of the
highest three (3) consecutive years annual compensation (i.e., ninety percent
(90%) reduced to eighty percent (80%) or seventy percent (70) reduced to sixty
percent (60%)), and where such option is exercised by giving the general
treasurer notice in writing thereof within ninety (90) days after the date of
his or her retirement his or her surviving spouse or domestic partner or minor
children shall receive annually one-half (1/2) of his or her retirement pay
during his or her lifetime so long as he or she remains unmarried or not in a
domestic partnership, or the children are under twenty-one (21) years of age.
(b) (c) In the event the deceased justice shall have
no surviving spouse or domestic partner, or the surviving spouse or domestic
partner should predecease their minor children, then the benefits conferred by
this section shall be received in equal shares by the minor children, if any,
until each shall attain the age of twenty-one (21) years. Any justice of the
courts who retires under the provisions of section 8-3-7, 8-3-8, or 8-3-12 may
at his or her option elect to receive three-fourths (3/4) of his or her
retirement pay, and where such option is exercised by giving the general
treasurer notice in writing thereof within two (2) years after the date of his
or her retirement, his or her surviving spouse or domestic partner or minor
children shall receive annually one-half (1/2) of his or her retirement pay
during his or her lifetime so long as he or she remains unmarried or not in a
domestic partnerhip, or the children are under twenty-one (21) years of age.
SECTION 2. Sections
8-3-7.1 and 8-3-8.1 of the General Laws in Chapter 8-3 entitled "Justices
of Supreme, Superior, and Family Courts" are hereby repealed.
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.
(c) Any justice of the supreme court 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
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.
(c) Any justice of the supreme court 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 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 3. Sections
28-30-15.1, 28-30-16.2 and 28-30-17 of the General Laws in Chapter 28-30
entitled "Workers' Compensation Court" are hereby amended to read as
follows:
28-30-15.1. Retirement of judges engaged after July 2, 1997, on
reduced pay. -- (a) Whenever any person first engaged as a judge:
(1) subsequent Subsequent to July 2, 1997 and
prior to January 1, 2009, 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.;
(2) On or after January 1, 2009, has
served as a workers' compensation judge for twenty (20) years or has so served
for ten (10) years and 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 seventy percent (70%) of his or her average highest
three (3) consecutive years or compensation.
(b) 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) (c) 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.
28-30-16.2. Retirement of judges engaged after July 2, 1997, on
full pay. -- (a) Whenever any person first engaged as a judge:
(1) subsequent Subsequent to July 2, 1997 and
prior to January 1, 2009, 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.;
(2) On or after January 1, 2009 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 ninety percent (90%) of his or her average highest three
(3) consecutive years of compensation.
(b) 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) (c) 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.
28-30-17. Allowance to surviving spouses and domestic partners of deceased judges. -- (a) Whenever any judge of the workers' compensation court who was engaged as a judge prior to January 1, 2009 dies after retirement or during active service while eligible for retirement or during active service after having served fifteen (15) years or more in office, his or her surviving spouse or domestic partner shall receive annually thereafter during his or her lifetime and so long as he or she remains unmarried or not in a domestic partnership, an amount equal to one-half (1/2) of the annual payment that the judge was receiving by way of salary or retirement pay at the time of his or her death.
(b) For those engaged as a judge on
or after January 1, 2009, the judge may elect to receive retirement pay that is
reduced by an additional ten percent (10%) of the average of the highest three
(3) consecutive years annual compensation (i.e., ninety percent (90%) reduced
to eighty percent (80%) or seventy percent (70%) reduced to sixty percent
(60%)) and where such option is exercised by giving the general treasurer
notice in writing thereof within ninety (90) days after the date of his or her
retirement his or her surviving spouse or domestic partner or minor children
shall receive annually one-half (1/2) of his or her retirement pay during his
or her lifetime so long as he or she remains unmarried or not in a domestic
partnership, or the children are under twenty-one (21) years of age.
(b) (c) Whenever a judge of the workers' compensation
court dies without having become eligible to retire either under section
28-30-15 or 28-30-16 and has served seven (7) years or more in office, his or
her surviving spouse or domestic partner shall receive annually thereafter
during his or her lifetime and so long as he or she remains unmarried or not in
a domestic partnership one-third ( 1/3) of the annual salary that the judge was
receiving at the time of his or her death.
(c) (d) Any judge who retires under the provisions
of section 28-30-15 or 28-30-16 may at his or her option elect to receive
three-fourths ( 3/4) of his or her retirement pay, and where that option is exercised
by giving the general treasurer notice in writing within two (2) years after
the date of his or her retirement, his or her surviving spouse or domestic
partner or minor children shall receive annually one-half ( 1/2) of his or her
retirement pay during his or her lifetime so long as he or she remains
unmarried or not in a domestic partnership or the children are under twenty-one
(21) years of age.
(d) (e) Whenever a judge of the workers'
compensation court dies without having become eligible to retire either under
section 28-30-15 or 28-30-16 and has not served seven (7) years in office, his
or her surviving spouse or domestic partner shall subsequently receive annually
during his or her lifetime and so long as he or she remains unmarried or not in
a domestic partnership, one fourth ( 1/4) of the annual salary that the judge
was receiving at the time of his or her death.
(e) (f) In the event the deceased judge has no
surviving spouse or domestic partner or the surviving spouse or domestic
partner predeceases their minor
children, the benefits conferred by this section shall be received in equal
shares by the minor children, if any, until each attains the age of twenty-one
(21) years.
SECTION 4. This article
shall take effect upon passage.