Chapter 343
2009 -- H 5712
Enacted 11/13/09
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE--COURTS
Introduced By: Representative Donald J. Lally
Date
Introduced: February 26, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Section 8-3-11 of the General Laws in Chapter 8-3
entitled "Justices of
Supreme,
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.
(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 partnership, or the
children are under twenty-one (21)
years of age.
SECTION 2. This act shall take effect upon passage.
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LC02071
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