Chapter 040
2013 -- S 0545
Enacted 05/24/13
A N A C T
RELATING TO
LABOR AND LABOR RELATIONS -- WORKERS' COMPENSATION
COURT
Introduced By: Senators McCaffrey, and Lynch
Date Introduced: February 28, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. 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
justice of the supreme 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. -- (a) Whenever any
person first engaged as a judge:
(1) 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 and prior to July 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.
(3) On or after July 1,
2009, has served as a workers' compensation judge for twenty (20)
years, or has served for ten (10) years, and reached the
age of sixty-five (65) years, he or she may
retire from regular active service and thereafter said
justice shall receive annually during his or
her life a sum equal to sixty-five (65%) percent of his
or her average highest five (5) consecutive
years of 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.
(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
justice of the supreme 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 justice of the supreme
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:
(1) 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 and prior to July 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.
(3) On or after July 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 eighty percent
(80%) of his or her average highest
five (5) 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.
(c) Any judge who
retires in accordance with the provisions of this section shall at the
direction of the chief judge justice of the supreme
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 2. This act shall take effect upon passage.
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LC01619
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