CHAPTER 93


97- S 26A
Approved Jul. 2, 1997


AN ACT RELATING TO JUSTICES OF THE SUPREME, SUPERIOR, FAMILY, DISTRICT, WORKERS' COMPENSATION AND ADMINISTRATIVE ADJUDICATION COURTS

It is enacted by the General Assembly as follows

SECTION 1. Sections 8-3-7 and 8-3-8 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 {ADD engaged as a judge on or before the effective date of this act ADD} 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 the annual salary that said justice was receiving at the time 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.

8-3-8. Retirement of justices on full pay -- Assignment as associate justices. -- (a) Whenever any person {ADD engaged as a judge on or before the effective date of this act ADD} 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 the annual salary said justice was receiving at the time of his or her 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 2. Chapter 8-3 of the General Laws, entitled "Justices of Supreme, Superior, and Family Courts," is hereby amended by adding thereto the following sections:

{ADD 8-3-7.1. Retirement of justices on reduced pay -- Assignment as associate justices. -- ADD} {ADD (a) Whenever any person first engaged as a judge subsequent to the effective date of this act 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.

(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. ADD}

{ADD 8-3-7.2. No incremental retirement benefit for temporary service as chief judge, presiding justice or chief judge. -- ADD} {ADD No increment in salary resulting from the application of personnel rule 4.0217 or any other or successor rule or regulation providing for an increment in salary for temporary service as chief justice, presiding justice or chief judge shall be construed to add to the annual salary of a judicial officer for purposes of retirement under section 8-3-7 or section 8-3-7.1. ADD}

{ADD 8-3-8.1. Retirement of justices on full pay -- Assignment as associate justices. -- ADD} {ADD (a) Whenever any person first engaged as a judge subsequent to the effective date of this act 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.

(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. ADD}

{ADD 8-3-8.2. No incremental retirement benefit for temporary service as chief judge, presiding justice or chief judge. -- ADD} {ADD No increment in salary resulting from the application of personnel rule 4.0217 or any other or successor rule or regulation providing for an increment in salary for temporary service as chief justice, presiding justice or chief judge shall be construed to add to the annual salary of a judicial officer for purposes of retirement under section 8-3-8 or section 8-3-8.1. ADD}

SECTION 3. Sections 28-30-15 and 28-30-16 in Chapter 28-30 of the General Laws, entitled "Workers' Compensation Court", are hereby amended to read as follows:

28-30-15. Retirement of workers' compensation judges on reduced pay. -- (a) Whenever any person {ADD engaged as a judge on or before the effective date of this act ADD} 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 thereafter 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.

(b) Any judge who shall retire 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 such services as a judge on the workers' compensation judge as the chief judge shall prescribe. 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 on full pay. -- (a) Whenever any person {ADD engaged as a judge on or before the effective date of this act ADD} shall have 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 thereafter 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.

(b) Any judge who shall retire 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 such services as a judge as the chief judge shall prescribe. 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 4. Chapter 28-30 of the General Laws, entitled "Workers' Compensation Court", is hereby amended by adding thereto the following sections:

{ADD 28-30-15.1. Retirement of workers' compensation judges on reduced pay. -- ADD} {ADD (a) Whenever any person first engaged as a judge subsequent to the effective date of this act 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 thereafter 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. 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.

(b) Any judge who shall retire 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 such services as a judge on the workers' compensation court as the chief judge shall prescribe. 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. ADD}

{ADD 28-30-15.2. No incremental retirement benefit for temporary service as chief judge, presiding justice or chief judge. -- ADD} {ADD No increment in salary resulting from the application of personnel rule 4.0217 or any other or successor rule or regulation providing for an increment in salary for temporary service as chief justice, presiding justice or chief judge shall be construed to add to the annual salary of a judicial officer for purposes of retirement under section 28-30-15 or section 28-30-15.1. ADD}

{ADD 28-30-16.1 Retirement on full pay. -- ADD} {ADD (a) Whenever any person first engaged as a judge subsequent to the effective date of this act shall have 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 thereafter 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.

(b) Any judge who shall retire 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 such services as a judge as the chief judge shall prescribe. 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. ADD}

{ADD 28-30-16.2. No incremental retirement benefit for temporary service as chief judge, presiding justice or chief judge. -- ADD} {ADD No increment in salary resulting from the application of personnel rule 4.0217 or any other or successor rule or regulation providing for an increment in salary for temporary service as chief justice, presiding justice or chief judge shall be construed to add to the annual salary of a judicial officer for purposes of retirement under section 28-30-16 or section 28-30-16.2. ADD}

SECTION 5. Section 31-43-11 in Chapter 31-43 of the General Laws, entitled "Administrative Adjudication Court", is hereby amended to read as follows:

31-43-11. Retirement of judges on reduced pay. -- (a) Whenever any person {ADD engaged as a judge on or before the effective date of this act ADD} has served as a judge of the administrative adjudication court for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty-five (65) years, the judge may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to three-fourths (3/4) of the annual salary that the judge was receiving at the time of retirement; provided, however any {ADD such ADD} person who has served for twenty (20) years and has reached the age of sixty-five (65) years, or has so served for fifteen (15) years and reached the age of seventy (70) years, may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to the annual salary he or she was receiving at the time of retirement. In determining eligibility under this section, any judge who has served within the judiciary or as a hearing officer or administrative law judge, may include such service as if the service had been on the administrative adjudication court and shall be included under the provisions of section 36-9-5.

(b) Any judge who shall retire in accordance with the provisions of this section 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 a judge on the administrative adjudication court as the chief judge or chief justice shall prescribe. When so assigned and performing that service, 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 administrative adjudication court nor shall he or she receive any further emolument other than his or her retirement pay for the performance of the aforesaid services.

SECTION 6. Chapter 31-43 of the General Laws, entitled "Administrative Adjudication Court", is hereby amended by adding thereto the following sections:

{ADD 31-43-11.3. Retirement of judges on reduced pay. -- ADD} {ADD (a) Whenever any person first engaged as a judge subsequent to the effective date of this act has served as a judge of the administrative adjudication court for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty-five (65) years, the judge may retire from active service and, thereafter, the judge 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; provided, however any such person who has served for twenty (20) years and has reached the age of sixty-five (65) years, or has so served for fifteen (15) years and reached the age of seventy (70) years, may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to his or her average highest three (3) consecutive years of compensation. In determining eligibility under this section, any judge who has served within the judiciary or as a hearing officer or administrative law judge, may include such service as if the service had been on the administrative adjudication court and shall be included under the provisions of section 36-9-5.

(b) Any judge who shall retire in accordance with the provisions of this section 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 a judge on the administrative adjudication court as the chief judge or chief justice shall prescribe. When so assigned and performing that service, 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 administrative adjudication court nor shall he or she receive any further emolument other than his or her retirement pay for the performance of the aforesaid services. ADD}

{ADD 31-43-11.4. No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge. -- ADD} {ADD No increment in salary resulting from the application of personnel rule 4.0217 or any other or successor rule or regulation providing for an increment in salary for temporary service as chief justice, presiding justice or chief judge shall be construed to add to the annual salary of a judicial officer for purposes of retirement under section 31-43-11 or section 31-43-11.3. ADD}

SECTION 7. This act shall take effect upon passage.



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