2022 -- S 2674

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LC005443

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUSTICES OF

SUPREME, SUPERIOR, AND FAMILY COURTS -- TRAFFIC TRIBUNAL

     Introduced By: Senator Stephen R. Archambault

     Date Introduced: March 10, 2022

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 8-8.2-1 of the General Laws in Chapter 8-8.2 entitled "Traffic

Tribunal" is hereby amended to read as follows:

     8-8.2-1. Establishment -- Rule-making authority -- Adjudication of violations.

     (a) There is hereby established a traffic tribunal which shall be charged with the

administration and adjudication of traffic violations within its jurisdiction. The traffic tribunal shall

be under the supervision of the chief magistrate of the traffic tribunal, who shall be the

administrative head of the traffic tribunal and shall have the power to make rules for regulating

practice, procedure and business within the traffic tribunal. Pursuant to § 8-6-2, said rules shall be

subject to the approval of the supreme court. Such rules, when effective, shall supersede any

statutory regulation in conflict therewith. Any person who has been a member of the bar of Rhode

Island may be appointed chief magistrate of the traffic tribunal. The chief magistrate of the traffic

tribunal shall be appointed by the chief justice of the supreme court, with the advice and consent

of the senate, for a period of ten (10) years and until a successor is appointed and qualified. Nothing

contained herein shall be construed to prohibit the reappointment of the chief magistrate for one or

more ten (10) year terms subject to the advice and consent of the senate. Compensation for the chief

magistrate shall be equal to that of an associate judge of the district court.

     (b) The judges and magistrates of the traffic tribunal shall hear and determine cases as

provided by law. No district court judge appointed pursuant to chapter 8 of this title shall be

assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The

chief magistrate of the traffic tribunal may assign a judge or magistrate who is authorized to hear

and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic

tribunal and the administrative judge or magistrate shall perform such administrative duties as may

be delegated to him or her by the chief magistrate. Once assigned to the position, the administrative

judge or magistrate shall hold said administrative position for the remainder of his or her respective

term as a judge or magistrate of the traffic tribunal.

     (c)(1) Those judges of the administrative adjudication court in active service on July 1,

1999 shall serve within the traffic tribunal. Whenever the total number of judges and magistrates

in the traffic tribunal exclusive of the chief magistrate shall be less than seven (7), the chief justice

of the supreme court, with the advice and consent of the senate, may, as needed, assign a duly

qualified member of the bar of this state to act as a magistrate to fill such vacancy and shall submit

his or her name to the senate for confirmation. In the event of a vacancy in the position of chief

magistrate, the chief justice of the supreme court shall appoint a successor in accordance with

subsection 8-8.2-1(a). Any magistrate assigned under this section shall serve a term of ten (10)

years and until a successor is appointed and qualified, and shall be in the unclassified service of the

state. Nothing herein shall be construed to prohibit the assignment of a magistrate to more than one

such term, subject to the advice and consent of the senate. Compensation for any such magistrate

shall in no event be equal to or more than that of an associate judge of the district court. Magistrates

of the traffic tribunal shall participate in the state retirement system in the same manner as all

members of the unclassified service. Magistrates of the traffic tribunal shall receive all credits and

retirement allowances as afforded justices under chapter 3 of this title and any other applicable law.

     (2) For the purpose of determining eligibility for retirement under §§ 8-3-7 and 8-3-8, the

years of service shall include all years of service from the date first appointed as magistrate of the

traffic tribunal. In no event shall a magistrate be credited in the state retirement system for the

years of service as a magistrate if the magistrate elects to participate in the judges and magistrate

retirement system as provided in chapter 3 of this title. Any and all contributions and funds credited

to the magistrate in the state retirement system for the years of service as magistrate shall be

transferred and held in trust for the purpose of paying retirement benefits to participating judges

and magistrates or their beneficiaries as provided in § 8-3-16. Notwithstanding the provisions of

this section, a magistrate who has received credit in the state retirement system for years of service

as a magistrate, may elect to remain in the state retirement system and not participate in the judges

and magistrates pension system as provided in chapter 3 of this title.

     (2)(3) If any judge of the traffic tribunal shall retire, or a vacancy becomes available

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through death, disability or any other reason, the position shall be filled by a magistrate consistent

with the provisions of this section.

     (d) Each judge and magistrate of the traffic tribunal shall devote full time to his or her

judicial duties, except as may be otherwise provided by law. He or she shall not practice law while

holding office, nor shall he or she be a partner or associate of any person in the practice of law.

     (e) Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I.

Const. Art. XI; to the code of judicial conduct or successor code promulgated by the supreme court

of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in accordance

with chapter 16 of this title; and to the administrative authority and control of the chief justice of

the supreme court in accordance with chapter 15 of this title, except that §§ 8-15-3 and 8-15-3.1

shall not apply to judges of the traffic tribunal.

     (f) The traffic tribunal shall be a tribunal of record and shall have a seal with such words

and devices as it shall adopt.

     (g) Judges and magistrates of the traffic tribunal shall have the power to administer oaths

and affirmations.

     (h) Administrative/supervisory officials.

     (1) There shall be an assistant to the administrative magistrate of the traffic tribunal who

shall be appointed by and serve at the pleasure of the chief magistrate and who shall perform such

clerical and administrative duties as may be assigned to him or her by the chief magistrate of the

traffic tribunal and the administrative judge or magistrate of the traffic tribunal. The assistant to the

administrative judge or magistrate shall have the power to administer oaths and affirmations within

the state.

     (2) There shall be a clerk of the traffic tribunal who shall be appointed by and serve at the

pleasure of the chief magistrate of the traffic tribunal; provided, however, that, effective July 1,

1999, the first clerk of the traffic tribunal shall be that person holding the position of

administrator/clerk of the administrative adjudication court as of May 1, 1998, and that person shall

hold office for the balance of a term of twelve (12) years which began on September 1, 1992,

without the necessity of appointment by the governor or advice and consent of the senate. The clerk

of the traffic tribunal shall exercise his or her functions under the direction and control of the chief

magistrate of the traffic tribunal and the administrative judge or magistrate of the traffic tribunal.

The clerk of the traffic tribunal shall have the power to administer oaths and affirmations within

the state.

     (i) Clerical Personnel/Court Recorders.

     (1) The chief magistrate of the traffic tribunal shall appoint deputy clerks and assistance

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clerks for the traffic tribunal to serve at his or her pleasure. All such clerks may administer oaths

and affirmations within the state.

     (2) The chief magistrate of the traffic tribunal shall appoint sufficient court recorders to

enable all proceedings to be recorded by electronic means and who shall assist in such other clerical

duties as may be prescribed from time to time by the chief magistrate of the traffic tribunal.

     (3) The chief magistrate of the traffic tribunal shall employ such clerical assistants in

addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties.

     SECTION 2. Sections 8-3-7, 8-3-8, 8-3-10, 8-3-11, 8-3-12, 8-3-15, 8-3-16 and 8-3-18 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 or magistrate:

     (1) On or before July 2, 1997 has served as a justice or magistrate of the supreme court, the

superior court, the family court, the district court, traffic tribunal, 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 (¾) 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 or

magistrate of the supreme court, the superior court, the family court, the district court, traffic

tribunal, 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 (¾) of his or her average

highest three (3) consecutive years of compensation;

     (3) On or after January 1, 2009, has served as a justice or magistrate 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.

     (4) On or after July 1, 2009, shall have served as a justice or magistrate of the supreme

court, the superior court, the family court, the district court, traffic tribunal, or any of them for

twenty (20) years, or has served for ten (10) years, and reached the age of sixty-five (65) years, said

justice may retire from regular active service and thereafter said justice shall receive annually

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during his or her life a sum equal to sixty-five percent (65%) of his or her average highest five (5)

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.

     (c) Any justice or magistrate in any of the courts who shall retire in accordance with the

provisions of this section or § 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 or magistrate of the superior court, or the family

court, or the district court or traffic tribunal as the presiding justice of the superior court, or the

chief judge of the family court, or the district or chief magistrate of the traffic tribunal shall

prescribe. When so assigned and performing such service, the justice or magistrate shall have all

the powers and authority of an associate justice or magistrate of the superior court, the family court,

or the district court, or the traffic tribunal 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, or the traffic tribunal.

     (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 § 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 Retirement

of justices on full pay -- Assignment as associate justices or magistrate.

     (a) Whenever any person engaged as a judge:

     (1) 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

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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.

     (4) On or after July 1, 2009, shall have served as a justice or magistrate of the supreme

court, the superior court, the family court, the district court, or the traffic tribunal 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 or magistrate, 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 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.

     (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 or

magistrate of the superior court, or the family court, or the district court or the traffic tribunal as

the presiding justice of the superior court, or the chief judge of the family court, or the district court,

or the traffic tribunal shall prescribe. When so assigned and performing such service, the retiree

shall have all the powers and authority of an associate justice or magistrate of the superior court,

the family court, or the district court or the traffic tribunal but otherwise he or she shall have no

powers nor be authorized to perform any judicial duties. Such a retired justice or magistrate shall

not be counted in the number of judges or magistrates provided by law for the superior court, the

family court, or the district court or the traffic tribunal.

     (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

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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 § 8-1-1. Such a retired

justice shall not be counted in the number of justices provided by law for the supreme court.

     8-3-10. Service after retirement.

     Any justice or, judge or magistrate of the supreme court, superior court, family court, or

district court, or the traffic tribunal who shall retire in accordance with the provisions of § 8-3-7,

8-3-8, or 8-3-12 and who shall subsequently be assigned to perform service in accordance with §

8-3-7 or 8-3-8, when so assigned and performing such service, shall receive in addition to his or

her retirement pension the difference in pay and fringe benefits between what he or she was entitled

to receive under § 8-3-7, 8-3-8, or 8-3-12 prior to exercising his or her options available under § 8-

3-11 and what a judge or justice or magistrate with comparable state service time is receiving as a

justice or judge of the court to which he/she is assigned, or a justice or judge of the court from

which he/she retired, whichever is greater.

     8-3-11. Allowances to surviving spouses, domestic partners or minor children of

deceased justices Allowances to surviving spouses, domestic partners or minor children of

deceased justices or magistrate.

     (a) Whenever any justice or magistrate of the supreme court, the superior court, the family

court, or the district court or the traffic tribunal who was engaged as a judge or magistrate 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 (½)

of the annual payment that the justice or magistrate was receiving by way of salary or retirement

pay at the time of his or her death. Whenever a justice or magistrate of any of the courts shall die

without having become eligible to retire either under § 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 or magistrate of the courts shall die without having become eligible

to retire either under § 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 (¼) of the

annual salary that the justice was receiving at the time of his or her death.

     (b) Any justice or magistrate of the courts who is engaged as a judge or magistrate on or

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after January 1, 2009, and prior to July 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 (½) 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 provided, however,

for any justice or magistrate engaged on or after July 1, 2009 but prior to July 1, 2012, the reduction

shall be based on the average of the highest five (5) consecutive years annual compensation.

     (c)(1) Any justice or magistrate of the courts who is engaged as a judge or magistrate on

or after July 1, 2012 and who elects to receive a retirement pay that is reduced, shall receive a lesser

retirement allowance as determined by actuarial calculation, which shall be payable throughout life

with the provision that:

     (i) Option 1. Upon the justice's or magistrate's death, the justice's or magistrate's lesser

retirement allowance shall be continued throughout the life of and paid to such person having an

insurable interest in the justice's life or magistrate's, as the justice shall nominate by written

designation duly acknowledged and filed with the retirement board at the time of his or her

retirement.

     (ii) Option 2. Upon the justice's or magistrate's death, one-half (½) of the justice's or

magistrate's lesser retirement allowance shall be continued throughout the life of and paid to such

person, having an insurable interest in the justice's or magistrate's life, as the justice or magistrate

shall nominate by written designation duly acknowledged and filed with the retirement board at the

time of the beneficiary's retirement.

     (2) For purposes of any election under this section the justice or magistrate's may designate

more than one person to receive benefits after his or her death, provided that the designation shall

specify the portion of the actuarial equivalent of the justice's or magistrate's retirement allowance

to be paid to each person, and provided further that the aggregate actuarial value of the portions

shall not exceed the actuarial equivalent of the justice's or magistrate's retirement benefit

determined in the case of an election under this section as of the date of the justice's or magistrate's

retirement.

     (3) A justice or magistrate selecting more than one person to receive benefits under this

section may only select beneficiaries from among his or her children, adopted children, step-

children, and/or spouse or domestic partner.

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     (d) Whenever any justice or magistrate of the supreme court, the superior court, the family

court, or the district court or traffic tribunal who was engaged as a judge or magistrate on or after

January 1, 2009, dies 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 (½) of the annual payment

that the justice or magistrate was receiving by way of salary.

     (e) Whenever a justice or magistrate of any of the courts who was engaged as a judge or

magistrate on or after January 1, 2009, shall die without having become eligible to retire either

under § 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 (⅓) of the annual salary that the

justice was receiving at the time of his or her death.

     (f) Whenever a justice or magistrate of the courts who was engaged as a judge or magistrate

on or after January 1, 2009, shall die without having become eligible to retire either under § 8-3-7

or 8-3-8 and has not 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-fourth (¼) of the annual salary that the justice was

receiving at the time of his or her death.

     (g) In the event the deceased justice or magistrate 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.

     8-3-12. Retirement of judges with general assembly or office service.

     Any person, who has served as a member of the general assembly, as a general officer, and

as a justice or magistrate of the supreme court, the superior court, the family court, or the district

court, or the traffic tribunal whose combined service as a member of the general assembly, a justice,

and a general officer is twenty (20) years or more and who has retired, resigned, and completed

such service prior to January 1, 2014, shall, upon reaching the age of sixty-two (62) years, receive

during life a sum equal to three-fourths (¾) of the highest annual salary that the person was

receiving during such service.

     8-3-15. Cost-of-living allowance.

     (a) All justices of the supreme court, superior court, family court, or district court, or their

surviving spouses or domestic partners, who retire after January 1, 1970, and who receive a

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retirement allowance pursuant to the provisions of this title shall, on the first day of January next

following the third anniversary date of retirement, receive a cost-of-living retirement adjustment in

addition to his or her retirement allowance in an amount equal to three percent (3%) of the original

retirement allowance. In each succeeding year thereafter during the month of January, the

retirement allowance shall be increased an additional three percent (3%) of the original allowance,

not compounded, to be continued during the lifetime of the justice or his or her surviving spouse

or domestic partner. For the purpose of such computation, credit shall be given for a full calendar

year regardless of the effective date of the retirement allowance.

     (b) Any justice who retired prior to January 31, 1977, shall be deemed for the purpose of

this section to have retired on January 1, 1977.

     (c) For justices not eligible to retire as of September 30, 2009, and not eligible upon passage

of this article, and for their beneficiaries, the cost of living adjustment described in subsection (a)

above shall only apply to the first thirty-five thousand dollars ($35,000) of retirement allowance,

indexed annually, and shall commence upon the third (3rd) anniversary of the date of retirement or

when the retiree reaches age sixty-five (65), whichever is later. The thirty-five thousand dollar

($35,000) limit shall increase annually by the percentage increase in the Consumer Price Index for

all Urban Consumer (CPI-U) as published by the United States Department of Labor Statistics

determined as of September 30 of the prior calendar year or three percent (3%), whichever is less.

The first thirty-five thousand dollars ($35,000), as indexed, of retirement allowance shall be

multiplied by the percentage of increase in the Consumer Price Index for all Urban Consumers

(CPI-U) as published by the United States Department of Labor Statistics determined as of

September 30 of the prior calendar year or three percent (3%), whichever is less, on the month

following the anniversary date of each succeeding year. For justices eligible to retire as of

September 30, 2009, or eligible upon passage of this article, and for their beneficiaries, the

provisions of this subsection (c) shall not apply.

     (d) This subsection (d) shall be effective for the period July 1, 2012, through June 30, 2015.

     (1) Notwithstanding the prior paragraphs of this section, and subject to paragraph (d)(2)

below, for all present and former justices, active and retired justices, and beneficiaries receiving

any retirement, disability, or death allowance or benefit of any kind, whether provided for or on

behalf of justices engaged on or prior to December 31, 1989, as a non-contributory justice or

engaged after December 31, 1989, as a contributory justice, the annual benefit adjustment provided

in any calendar year under this section shall be equal to (A) multiplied by (B) where (A) is equal

to the percentage determined by subtracting five and one-half percent (5.5%) (the "subtrahend")

from the Five-Year Average Investment Return of the retirement system determined as of the last

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day of the plan year preceding the calendar year in which the adjustment is granted, said percentage

not to exceed four percent (4%) and not to be less than zero percent (0%), and (B) is equal to the

lesser of the justice's retirement allowance or the first twenty-five thousand dollars ($25,000) of

retirement allowance, such twenty-five thousand dollars ($25,000) amount to be indexed annually

in the same percentage as determined under (d)(1)(A) above. The "Five-Year Average Investment

Return" shall mean the average of the investment return of the most recent five (5) plan years as

determined by the retirement board. Subject to paragraph (d)(2) below, the benefit adjustment

provided by this paragraph shall commence upon the third (3rd) anniversary of the date of

retirement or the date on which the retiree reaches his or her Social Security retirement age,

whichever is later. In the event the retirement board adjusts the actuarially assumed rate of return

for the system, either upward or downward, the subtrahend shall be adjusted either upward or

downward in the same amount.

     (2) Except as provided in paragraph (d)(3), the benefit adjustments under this section for

any plan year shall be suspended in their entirety unless the Funded Ratio of the Employees'

Retirement System of Rhode Island, the Judicial Retirement Benefits Trust, and the State Police

Retirement Benefits Trust, calculated by the system's actuary on an aggregate basis, exceeds eighty

percent (80%) in which event the benefit adjustment will be reinstated for all justices for such plan

year.

     In determining whether a funding level under this paragraph (d)(2) has been achieved, the

actuary shall calculate the funding percentage after taking into account the reinstatement of any

current or future benefit adjustment provided under this section.

     (3) Notwithstanding paragraph (d)(2), in each fifth plan year commencing after June 30,

2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five

(5) plan years, a benefit adjustment shall be calculated and made in accordance with paragraph

(d)(1) above until the Funded Ratio of the Employees' Retirement System of Rhode Island, the

Judicial Retirement Benefits Trust, and the State Police Retirement Benefits Trust, calculated by

the system's actuary on an aggregate basis, exceeds eighty percent (80%).

     (4) Notwithstanding any other provision of this chapter, the provisions of this paragraph

(d) of § 8-3-15 shall become effective July 1, 2012, and shall apply to any benefit adjustment not

granted on or prior to June 30, 2012.

     (e) This subsection (e) shall become effective July 1, 2015.

     (1)(A) As soon as administratively reasonable following the enactment into law of this

subsection (e)(1)(A), a one-time benefit adjustment shall be provided to justices and/or

beneficiaries of justices who retired on or before June 30, 2012, in the amount of two percent (2%)

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of the lesser of either the justice's retirement allowance or the first twenty-five thousand dollars

($25,000) of the justice's retirement allowance. This one-time benefit adjustment shall be provided

without regard to the retiree's age or number of years since retirement.

     (B) Notwithstanding the prior subsections of this section, for all present and former

justices, active and retired justices, and beneficiaries receiving any retirement, disability or death

allowance or benefit of any kind, whether provided for or on behalf of justices engaged on or prior

to December 31, 1989, as a non-contributory justice or engaged after December 31, 1989, as a

contributory justice, the annual benefit adjustment provided in any calendar year under this section

for adjustments on and after January 1, 2016, and subject to subsection (e)(2) below, shall be equal

to (I) multiplied by (II):

     (I) Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:

     (i) Is equal to the percentage determined by subtracting five and one-half percent (5.5%)

(the "subtrahend") from the five-year average investment return of the retirement system

determined as of the last day of the plan year preceding the calendar year in which the adjustment

is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent

(0%). The "five-year average investment return" shall mean the average of the investment returns

of the most recent five (5) plan years as determined by the retirement board. In the event the

retirement board adjusts the actuarially assumed rate of return for the system, either upward or

downward, the subtrahend shall be adjusted either upward or downward in the same amount.

     (ii) Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer

Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of Labor

Statistics determined as of September 30 of the prior calendar year. In no event shall the sum of (i)

plus (ii) exceed three and one-half percent (3.5%) or be less than zero percent (0%).

     (II) Is equal to the lesser of either the justice's retirement allowance or the first twenty-five

thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount to be

indexed annually in the same percentage as determined under subsection (e)(1)(B)(I) above.

     The benefit adjustments provided by this subsection (e)(1)(B) shall be provided to all

retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect,

and for all other retirees the benefit adjustments shall commence upon the third anniversary of the

date of retirement or the date on which the retiree reaches his or her Social Security retirement age,

whichever is later.

     (2) Except as provided in subsection (e)(3), the benefit adjustments under subsection

(e)(1)(B) for any plan year shall be suspended in their entirety unless the funded ratio of the

employees' retirement system of Rhode Island, the judicial retirement benefits trust, and the state

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police retirement benefits trust, calculated by the system's actuary on an aggregate basis, exceeds

eighty percent (80%) in which event the benefit adjustment will be reinstated for all justices for

such plan year.

     In determining whether a funding level under this subsection (e)(2) has been achieved, the

actuary shall calculate the funding percentage after taking into account the reinstatement of any

current or future benefit adjustment provided under this section.

     (3) Notwithstanding subsection (e)(2), in each fourth plan year commencing after June 30,

2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of four

plan years: (i) A benefit adjustment shall be calculated and made in accordance with paragraph

(e)(1)(B) above; and (ii) Effective for members and/or beneficiaries of members who retired on or

before June 30, 2015, the dollar amount in subsection (e)(1)(B)(II) of twenty-five thousand eight

hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six

dollars ($31,026) until the funded ratio of the employees' retirement system of Rhode Island, the

judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the

system's actuary on an aggregate basis, exceeds eighty percent (80%).

     (A) Effective for members and or beneficiaries of members who have retired on or before

July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60)

days following the enactment of the legislation implementing this provision, and a second one-time

stipend of five hundred dollars ($500) in the same month of the following year. These stipends

shall be payable to all retired members or beneficiaries receiving a benefit as of the applicable

payment date and shall not be considered cost of living adjustments under the prior provisions of

this § 8-3-15.

     (f) As of June 30, 2022, this section shall apply to all magistrates of all courts including,

but not limited to, the traffic tribunal.

     8-3-16. Retirement contribution.

     (a) Judges engaged after December 31, 1989, shall have deducted from total salary

beginning December 31, 1989, and ending June 30, 2012, an amount equal to a rate percent of

compensation as specified in § 36-10-1 relating to member contributions to the state retirement

system. Effective July 1, 2012, all active judges, whether engaged before or after December 31,

1989, shall have deducted from compensation as defined in subsection 36-8-1(8) an amount equal

to twelve percent (12%) of compensation, except active Supreme Court Judges as of June 30, 2012,

who shall have deducted from compensation as defined in section 36-8-1(8) an amount equal to the

percent of compensation in effect on June 30, 2012. Proceeds deposited shall be held in trust for

the purpose of paying retirement benefits to participating judges or their beneficiaries on the date

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contributions are withheld but no later than three (3) business days following the pay period ending

in which contributions were withheld. The retirement board shall establish rules and regulations to

govern the provisions of this section.

     (b) The state is required to deduct and withhold member contributions and to transmit same

to the retirement system and is hereby made liable for the contribution. In addition, any amount of

employee contributions actually deducted and withheld shall be deemed to be a special fund in trust

for the benefit of the member and shall be transmitted to the retirement system as set forth herein.

     (c) A member of the judiciary who withdraws from service or ceases to be a member for

any reason other than 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

plus regular interest for the period from the date of refund to the date of restoration. 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.

     (d) Whenever any judge dies from any cause before retirement and has no surviving spouse,

domestic partner, 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.

     (e) Effective June 30, 2022, any reference to judge in this section shall include magistrates

of all courts.

     8-3-18. Calculation of retirement benefits.

     For purposes of the calculation of retirement benefits, in the event that any justice or judge

or magistrate of the supreme court, the superior court, the family court, or the district court, or the

traffic tribunal participates or acquiesces in a state shutdown or in a reduced salary or a salary

deferral plan consistent with any such plan imposed upon or agreed to by other state employees,

his or her annual salary shall be calculated as if he or she had not participated or acquiesced in any

such shutdown or plan.

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     SECTION 3. This act shall take effect on June 30, 2022.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUSTICES OF

SUPREME, SUPERIOR, AND FAMILY COURTS -- TRAFFIC TRIBUNAL

***

     This act would allow magistrates of the traffic tribunal to receive all credits and retirement

allowances as afforded to justices and judges of the supreme, superior, family and district courts.

     This act would take effect on June 30, 2022.

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