2022 -- S 2674 | |
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LC005443 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- JUSTICES OF | |
SUPREME, SUPERIOR, AND FAMILY COURTS -- TRAFFIC TRIBUNAL | |
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Introduced By: Senator Stephen R. Archambault | |
Date Introduced: March 10, 2022 | |
Referred To: Senate Finance | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 8-8.2-1 of the General Laws in Chapter 8-8.2 entitled "Traffic |
2 | Tribunal" is hereby amended to read as follows: |
3 | 8-8.2-1. Establishment -- Rule-making authority -- Adjudication of violations. |
4 | (a) There is hereby established a traffic tribunal which shall be charged with the |
5 | administration and adjudication of traffic violations within its jurisdiction. The traffic tribunal shall |
6 | be under the supervision of the chief magistrate of the traffic tribunal, who shall be the |
7 | administrative head of the traffic tribunal and shall have the power to make rules for regulating |
8 | practice, procedure and business within the traffic tribunal. Pursuant to § 8-6-2, said rules shall be |
9 | subject to the approval of the supreme court. Such rules, when effective, shall supersede any |
10 | statutory regulation in conflict therewith. Any person who has been a member of the bar of Rhode |
11 | Island may be appointed chief magistrate of the traffic tribunal. The chief magistrate of the traffic |
12 | tribunal shall be appointed by the chief justice of the supreme court, with the advice and consent |
13 | of the senate, for a period of ten (10) years and until a successor is appointed and qualified. Nothing |
14 | contained herein shall be construed to prohibit the reappointment of the chief magistrate for one or |
15 | more ten (10) year terms subject to the advice and consent of the senate. Compensation for the chief |
16 | magistrate shall be equal to that of an associate judge of the district court. |
17 | (b) The judges and magistrates of the traffic tribunal shall hear and determine cases as |
18 | provided by law. No district court judge appointed pursuant to chapter 8 of this title shall be |
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1 | assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The |
2 | chief magistrate of the traffic tribunal may assign a judge or magistrate who is authorized to hear |
3 | and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic |
4 | tribunal and the administrative judge or magistrate shall perform such administrative duties as may |
5 | be delegated to him or her by the chief magistrate. Once assigned to the position, the administrative |
6 | judge or magistrate shall hold said administrative position for the remainder of his or her respective |
7 | term as a judge or magistrate of the traffic tribunal. |
8 | (c)(1) Those judges of the administrative adjudication court in active service on July 1, |
9 | 1999 shall serve within the traffic tribunal. Whenever the total number of judges and magistrates |
10 | in the traffic tribunal exclusive of the chief magistrate shall be less than seven (7), the chief justice |
11 | of the supreme court, with the advice and consent of the senate, may, as needed, assign a duly |
12 | qualified member of the bar of this state to act as a magistrate to fill such vacancy and shall submit |
13 | his or her name to the senate for confirmation. In the event of a vacancy in the position of chief |
14 | magistrate, the chief justice of the supreme court shall appoint a successor in accordance with |
15 | subsection 8-8.2-1(a). Any magistrate assigned under this section shall serve a term of ten (10) |
16 | years and until a successor is appointed and qualified, and shall be in the unclassified service of the |
17 | state. Nothing herein shall be construed to prohibit the assignment of a magistrate to more than one |
18 | such term, subject to the advice and consent of the senate. Compensation for any such magistrate |
19 | shall in no event be equal to or more than that of an associate judge of the district court. Magistrates |
20 | of the traffic tribunal shall participate in the state retirement system in the same manner as all |
21 | members of the unclassified service. Magistrates of the traffic tribunal shall receive all credits and |
22 | retirement allowances as afforded justices under chapter 3 of this title and any other applicable law. |
23 | (2) For the purpose of determining eligibility for retirement under §§ 8-3-7 and 8-3-8, the |
24 | years of service shall include all years of service from the date first appointed as magistrate of the |
25 | traffic tribunal. In no event shall a magistrate be credited in the state retirement system for the |
26 | years of service as a magistrate if the magistrate elects to participate in the judges and magistrate |
27 | retirement system as provided in chapter 3 of this title. Any and all contributions and funds credited |
28 | to the magistrate in the state retirement system for the years of service as magistrate shall be |
29 | transferred and held in trust for the purpose of paying retirement benefits to participating judges |
30 | and magistrates or their beneficiaries as provided in § 8-3-16. Notwithstanding the provisions of |
31 | this section, a magistrate who has received credit in the state retirement system for years of service |
32 | as a magistrate, may elect to remain in the state retirement system and not participate in the judges |
33 | and magistrates pension system as provided in chapter 3 of this title. |
34 | (2)(3) If any judge of the traffic tribunal shall retire, or a vacancy becomes available |
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1 | through death, disability or any other reason, the position shall be filled by a magistrate consistent |
2 | with the provisions of this section. |
3 | (d) Each judge and magistrate of the traffic tribunal shall devote full time to his or her |
4 | judicial duties, except as may be otherwise provided by law. He or she shall not practice law while |
5 | holding office, nor shall he or she be a partner or associate of any person in the practice of law. |
6 | (e) Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I. |
7 | Const. Art. XI; to the code of judicial conduct or successor code promulgated by the supreme court |
8 | of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in accordance |
9 | with chapter 16 of this title; and to the administrative authority and control of the chief justice of |
10 | the supreme court in accordance with chapter 15 of this title, except that §§ 8-15-3 and 8-15-3.1 |
11 | shall not apply to judges of the traffic tribunal. |
12 | (f) The traffic tribunal shall be a tribunal of record and shall have a seal with such words |
13 | and devices as it shall adopt. |
14 | (g) Judges and magistrates of the traffic tribunal shall have the power to administer oaths |
15 | and affirmations. |
16 | (h) Administrative/supervisory officials. |
17 | (1) There shall be an assistant to the administrative magistrate of the traffic tribunal who |
18 | shall be appointed by and serve at the pleasure of the chief magistrate and who shall perform such |
19 | clerical and administrative duties as may be assigned to him or her by the chief magistrate of the |
20 | traffic tribunal and the administrative judge or magistrate of the traffic tribunal. The assistant to the |
21 | administrative judge or magistrate shall have the power to administer oaths and affirmations within |
22 | the state. |
23 | (2) There shall be a clerk of the traffic tribunal who shall be appointed by and serve at the |
24 | pleasure of the chief magistrate of the traffic tribunal; provided, however, that, effective July 1, |
25 | 1999, the first clerk of the traffic tribunal shall be that person holding the position of |
26 | administrator/clerk of the administrative adjudication court as of May 1, 1998, and that person shall |
27 | hold office for the balance of a term of twelve (12) years which began on September 1, 1992, |
28 | without the necessity of appointment by the governor or advice and consent of the senate. The clerk |
29 | of the traffic tribunal shall exercise his or her functions under the direction and control of the chief |
30 | magistrate of the traffic tribunal and the administrative judge or magistrate of the traffic tribunal. |
31 | The clerk of the traffic tribunal shall have the power to administer oaths and affirmations within |
32 | the state. |
33 | (i) Clerical Personnel/Court Recorders. |
34 | (1) The chief magistrate of the traffic tribunal shall appoint deputy clerks and assistance |
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1 | clerks for the traffic tribunal to serve at his or her pleasure. All such clerks may administer oaths |
2 | and affirmations within the state. |
3 | (2) The chief magistrate of the traffic tribunal shall appoint sufficient court recorders to |
4 | enable all proceedings to be recorded by electronic means and who shall assist in such other clerical |
5 | duties as may be prescribed from time to time by the chief magistrate of the traffic tribunal. |
6 | (3) The chief magistrate of the traffic tribunal shall employ such clerical assistants in |
7 | addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties. |
8 | 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 |
9 | the General Laws in Chapter 8-3 entitled "Justices of Supreme, Superior, and Family Courts" are |
10 | hereby amended to read as follows: |
11 | 8-3-7. Retirement of justices on reduced pay -- Assignment as associate justices. |
12 | (a) Whenever any person engaged as a judge or magistrate: |
13 | (1) On or before July 2, 1997 has served as a justice or magistrate of the supreme court, the |
14 | superior court, the family court, the district court, traffic tribunal, or any combination thereof for |
15 | twenty (20) years, or has so served for ten (10) years and has reached the age of sixty-five (65) |
16 | years, that justice may retire from active service and thereafter the justice shall receive annually |
17 | during life a sum equal to three-fourths (¾) of the annual salary that the justice was receiving at the |
18 | time of retirement; |
19 | (2) Subsequent to July 2, 1997 and prior to January 1, 2009, has served as a justice or |
20 | magistrate of the supreme court, the superior court, the family court, the district court, traffic |
21 | tribunal, or any combination thereof, for twenty (20) years, or has so served for ten (10) years and |
22 | has reached the age of sixty-five (65) years, said justice may retire from active service and thereafter |
23 | said justice shall receive annually during life a sum equal to three-fourths (¾) of his or her average |
24 | highest three (3) consecutive years of compensation; |
25 | (3) On or after January 1, 2009, has served as a justice or magistrate of the supreme court, |
26 | the superior court, the family court, the district court or any combination thereof, for twenty (20) |
27 | years, or has so served for ten (10) years and has reached the age of sixty-five (65) years, said |
28 | justice may retire from active service and thereafter said justice shall receive annually during life a |
29 | sum equal to seventy percent (70%) of his or her average highest three (3) consecutive years of |
30 | compensation. |
31 | (4) On or after July 1, 2009, shall have served as a justice or magistrate of the supreme |
32 | court, the superior court, the family court, the district court, traffic tribunal, or any of them for |
33 | twenty (20) years, or has served for ten (10) years, and reached the age of sixty-five (65) years, said |
34 | justice may retire from regular active service and thereafter said justice shall receive annually |
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1 | during his or her life a sum equal to sixty-five percent (65%) of his or her average highest five (5) |
2 | consecutive years of compensation. |
3 | (b) Whenever a justice or magistrate shall be granted a leave of absence without pay, such |
4 | absence shall not be credited towards active service time for the purposes of retirement. |
5 | (c) Any justice or magistrate in any of the courts who shall retire in accordance with the |
6 | provisions of this section or § 36-9-5 may, at his or her own request and at the direction of the chief |
7 | justice of the supreme court, subject to the retiree's physical and mental competence, be assigned |
8 | to perform such services as an associate justice or magistrate of the superior court, or the family |
9 | court, or the district court or traffic tribunal as the presiding justice of the superior court, or the |
10 | chief judge of the family court, or the district or chief magistrate of the traffic tribunal shall |
11 | prescribe. When so assigned and performing such service, the justice or magistrate shall have all |
12 | the powers and authority of an associate justice or magistrate of the superior court, the family court, |
13 | or the district court, or the traffic tribunal but otherwise shall have no powers nor be authorized to |
14 | perform any judicial duties. Such a retired justice shall not be counted in the number of judges |
15 | provided by law for the superior court, the family court, or the district court, or the traffic tribunal. |
16 | (d) Any justice of the supreme court who shall retire in accordance with the provisions of |
17 | this section shall at the direction of the chief justice of the supreme court, subject to the retiree's |
18 | physical and mental competence, be assigned to perform such services as an associate justice of the |
19 | supreme court as the chief justice of the supreme court shall prescribe. When so assigned and |
20 | performing such services, the retiree shall have all the powers and authority of an associate justice |
21 | of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform |
22 | any judicial duties relating to the supreme court, except as authorized under § 8-1-1. Such a retired |
23 | justice shall not be counted in the number of justices provided by law for the supreme court. |
24 | 8-3-8. Retirement of justices on full pay -- Assignment as associate justices Retirement |
25 | of justices on full pay -- Assignment as associate justices or magistrate. |
26 | (a) Whenever any person engaged as a judge: |
27 | (1) On or before July 2, 1997 shall have served as a justice of the supreme court, the |
28 | superior court, the family court, the district court, or any of them for twenty (20) years and has |
29 | reached the age of sixty-five (65) years, or has served for fifteen (15) years, and reached the age of |
30 | seventy (70) years, that justice may retire from regular active service and thereafter the justice shall |
31 | receive annually during his or her life a sum equal to the annual salary the justice was receiving at |
32 | the time of his or her retirement; |
33 | (2) Subsequent to July 2, 1997 and prior to January 1, 2009, shall have served as a justice |
34 | of the supreme court, the superior court, the family court, the district court, or any of them for |
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1 | twenty (20) years and has reached the age of sixty-five (65) years, or has served for fifteen (15) |
2 | years, and reached the age of seventy (70) years, said justice may retire from regular active service |
3 | and thereafter said justice shall receive annually during his or her life a sum equal to his or her |
4 | average highest three (3) consecutive years of compensation. |
5 | (3) On or after January 1, 2009, shall have served as a justice of the supreme court, the |
6 | superior court, the family court, the district court, or any of them for twenty (20) years and has |
7 | reached the age of sixty-five (65) years, or has served for fifteen (15) years, and reached the age of |
8 | seventy (70) years, said justice may retire from regular active service and thereafter said justice |
9 | shall receive annually during his or her life a sum equal to ninety percent (90%) of his or her average |
10 | highest three consecutive years of compensation. |
11 | (4) On or after July 1, 2009, shall have served as a justice or magistrate of the supreme |
12 | court, the superior court, the family court, the district court, or the traffic tribunal or any of them |
13 | for twenty (20) years and has reached the age of sixty-five (65) years, or has served for fifteen (15) |
14 | years, and reached the age of seventy (70) years, said justice may retire from regular active service |
15 | and thereafter said justice or magistrate, shall receive annually during his or her life a sum equal to |
16 | eighty percent (80%) of his or her average highest five (5) consecutive years of compensation. |
17 | (b) Whenever a justice or magistrate shall be granted a leave of absence without pay, such |
18 | absence shall not be credited towards active service time for the purposes of retirement. |
19 | (c) Any justice of any of the courts who shall retire in accordance with the provisions of |
20 | this section shall at the direction of the chief justice of the supreme court, subject to the retiree's |
21 | physical and mental competence, be assigned to perform such services as an associate justice or |
22 | magistrate of the superior court, or the family court, or the district court or the traffic tribunal as |
23 | the presiding justice of the superior court, or the chief judge of the family court, or the district court, |
24 | or the traffic tribunal shall prescribe. When so assigned and performing such service, the retiree |
25 | shall have all the powers and authority of an associate justice or magistrate of the superior court, |
26 | the family court, or the district court or the traffic tribunal but otherwise he or she shall have no |
27 | powers nor be authorized to perform any judicial duties. Such a retired justice or magistrate shall |
28 | not be counted in the number of judges or magistrates provided by law for the superior court, the |
29 | family court, or the district court or the traffic tribunal. |
30 | (d) Any justice of the supreme court who shall retire in accordance with the provisions of |
31 | this section shall at the direction of the chief justice of the supreme court, subject to the retiree's |
32 | physical and mental competence, be assigned to perform such services as an associate justice of the |
33 | supreme court as the chief justice of the supreme court shall prescribe. When so assigned and |
34 | performing such services, the retiree shall have all the powers and authority of an associate justice |
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1 | of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform |
2 | any judicial duties relating to the supreme court, except as authorized under § 8-1-1. Such a retired |
3 | justice shall not be counted in the number of justices provided by law for the supreme court. |
4 | 8-3-10. Service after retirement. |
5 | Any justice or, judge or magistrate of the supreme court, superior court, family court, or |
6 | district court, or the traffic tribunal who shall retire in accordance with the provisions of § 8-3-7, |
7 | 8-3-8, or 8-3-12 and who shall subsequently be assigned to perform service in accordance with § |
8 | 8-3-7 or 8-3-8, when so assigned and performing such service, shall receive in addition to his or |
9 | her retirement pension the difference in pay and fringe benefits between what he or she was entitled |
10 | to receive under § 8-3-7, 8-3-8, or 8-3-12 prior to exercising his or her options available under § 8- |
11 | 3-11 and what a judge or justice or magistrate with comparable state service time is receiving as a |
12 | justice or judge of the court to which he/she is assigned, or a justice or judge of the court from |
13 | which he/she retired, whichever is greater. |
14 | 8-3-11. Allowances to surviving spouses, domestic partners or minor children of |
15 | deceased justices Allowances to surviving spouses, domestic partners or minor children of |
16 | deceased justices or magistrate. |
17 | (a) Whenever any justice or magistrate of the supreme court, the superior court, the family |
18 | court, or the district court or the traffic tribunal who was engaged as a judge or magistrate prior to |
19 | January 1, 2009, dies after retirement or during active service while eligible for retirement, or |
20 | during active service after having served fifteen (15) years or more in office, his or her surviving |
21 | spouse or domestic partner shall receive annually thereafter, during his or her lifetime and so long |
22 | as he or she remains unmarried or not in a domestic partnership, an amount equal to one-half (½) |
23 | of the annual payment that the justice or magistrate was receiving by way of salary or retirement |
24 | pay at the time of his or her death. Whenever a justice or magistrate of any of the courts shall die |
25 | without having become eligible to retire either under § 8-3-7 or 8-3-8 and has served seven (7) |
26 | years or more in office, his or her surviving spouse or domestic partner shall receive annually |
27 | thereafter, during his or her lifetime and so long as he or she remains unmarried or not in a domestic |
28 | partnership, one-third (1/3) of the annual salary that the justice was receiving at the time of his or |
29 | her death. Whenever a justice or magistrate of the courts shall die without having become eligible |
30 | to retire either under § 8-3-7 or 8-3-8 and has not served seven (7) years in office, his or her |
31 | surviving spouse or domestic partner shall receive annually thereafter, during his or her lifetime |
32 | and so long as he or she remains unmarried or not in a domestic partnership, one-fourth (¼) of the |
33 | annual salary that the justice was receiving at the time of his or her death. |
34 | (b) Any justice or magistrate of the courts who is engaged as a judge or magistrate on or |
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1 | after January 1, 2009, and prior to July 1, 2009 may elect to receive retirement pay that is reduced |
2 | by an additional ten percent (10%) of the average of the highest three (3) consecutive years annual |
3 | compensation (i.e., ninety percent (90%) reduced to eighty percent (80%) or seventy percent (70) |
4 | reduced to sixty percent (60%)), and where such option is exercised by giving the general treasurer |
5 | notice in writing thereof within ninety (90) days after the date of his or her retirement his or her |
6 | surviving spouse or domestic partner or minor children shall receive annually one-half (½) of his |
7 | or her retirement pay during his or her lifetime so long as he or she remains unmarried or not in a |
8 | domestic partnership, or the children are under twenty-one (21) years of age provided, however, |
9 | for any justice or magistrate engaged on or after July 1, 2009 but prior to July 1, 2012, the reduction |
10 | shall be based on the average of the highest five (5) consecutive years annual compensation. |
11 | (c)(1) Any justice or magistrate of the courts who is engaged as a judge or magistrate on |
12 | or after July 1, 2012 and who elects to receive a retirement pay that is reduced, shall receive a lesser |
13 | retirement allowance as determined by actuarial calculation, which shall be payable throughout life |
14 | with the provision that: |
15 | (i) Option 1. Upon the justice's or magistrate's death, the justice's or magistrate's lesser |
16 | retirement allowance shall be continued throughout the life of and paid to such person having an |
17 | insurable interest in the justice's life or magistrate's, as the justice shall nominate by written |
18 | designation duly acknowledged and filed with the retirement board at the time of his or her |
19 | retirement. |
20 | (ii) Option 2. Upon the justice's or magistrate's death, one-half (½) of the justice's or |
21 | magistrate's lesser retirement allowance shall be continued throughout the life of and paid to such |
22 | person, having an insurable interest in the justice's or magistrate's life, as the justice or magistrate |
23 | shall nominate by written designation duly acknowledged and filed with the retirement board at the |
24 | time of the beneficiary's retirement. |
25 | (2) For purposes of any election under this section the justice or magistrate's may designate |
26 | more than one person to receive benefits after his or her death, provided that the designation shall |
27 | specify the portion of the actuarial equivalent of the justice's or magistrate's retirement allowance |
28 | to be paid to each person, and provided further that the aggregate actuarial value of the portions |
29 | shall not exceed the actuarial equivalent of the justice's or magistrate's retirement benefit |
30 | determined in the case of an election under this section as of the date of the justice's or magistrate's |
31 | retirement. |
32 | (3) A justice or magistrate selecting more than one person to receive benefits under this |
33 | section may only select beneficiaries from among his or her children, adopted children, step- |
34 | children, and/or spouse or domestic partner. |
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1 | (d) Whenever any justice or magistrate of the supreme court, the superior court, the family |
2 | court, or the district court or traffic tribunal who was engaged as a judge or magistrate on or after |
3 | January 1, 2009, dies during active service while eligible for retirement, or during active service |
4 | after having served fifteen (15) years or more in office, his or her surviving spouse or domestic |
5 | partner shall receive annually thereafter, during his or her lifetime and so long as he or she remains |
6 | unmarried or not in a domestic partnership, an amount equal to one-half (½) of the annual payment |
7 | that the justice or magistrate was receiving by way of salary. |
8 | (e) Whenever a justice or magistrate of any of the courts who was engaged as a judge or |
9 | magistrate on or after January 1, 2009, shall die without having become eligible to retire either |
10 | under § 8-3-7 or 8-3-8 and has served seven (7) years or more in office, his or her surviving spouse |
11 | or domestic partner shall receive annually thereafter, during his or her lifetime and so long as he or |
12 | she remains unmarried or not in a domestic partnership, one-third (⅓) of the annual salary that the |
13 | justice was receiving at the time of his or her death. |
14 | (f) Whenever a justice or magistrate of the courts who was engaged as a judge or magistrate |
15 | on or after January 1, 2009, shall die without having become eligible to retire either under § 8-3-7 |
16 | or 8-3-8 and has not served seven (7) years or more in office, his or her surviving spouse or domestic |
17 | partner shall receive annually thereafter, during his or her lifetime and so long as he or she remains |
18 | unmarried or not in a domestic partnership, one-fourth (¼) of the annual salary that the justice was |
19 | receiving at the time of his or her death. |
20 | (g) In the event the deceased justice or magistrate shall have no surviving spouse or |
21 | domestic partner, or the surviving spouse or domestic partner should predecease their minor |
22 | children, then the benefits conferred by this section shall be received in equal shares by the minor |
23 | children, if any, until each shall attain the age of twenty-one (21) years. |
24 | 8-3-12. Retirement of judges with general assembly or office service. |
25 | Any person, who has served as a member of the general assembly, as a general officer, and |
26 | as a justice or magistrate of the supreme court, the superior court, the family court, or the district |
27 | court, or the traffic tribunal whose combined service as a member of the general assembly, a justice, |
28 | and a general officer is twenty (20) years or more and who has retired, resigned, and completed |
29 | such service prior to January 1, 2014, shall, upon reaching the age of sixty-two (62) years, receive |
30 | during life a sum equal to three-fourths (¾) of the highest annual salary that the person was |
31 | receiving during such service. |
32 | 8-3-15. Cost-of-living allowance. |
33 | (a) All justices of the supreme court, superior court, family court, or district court, or their |
34 | surviving spouses or domestic partners, who retire after January 1, 1970, and who receive a |
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1 | retirement allowance pursuant to the provisions of this title shall, on the first day of January next |
2 | following the third anniversary date of retirement, receive a cost-of-living retirement adjustment in |
3 | addition to his or her retirement allowance in an amount equal to three percent (3%) of the original |
4 | retirement allowance. In each succeeding year thereafter during the month of January, the |
5 | retirement allowance shall be increased an additional three percent (3%) of the original allowance, |
6 | not compounded, to be continued during the lifetime of the justice or his or her surviving spouse |
7 | or domestic partner. For the purpose of such computation, credit shall be given for a full calendar |
8 | year regardless of the effective date of the retirement allowance. |
9 | (b) Any justice who retired prior to January 31, 1977, shall be deemed for the purpose of |
10 | this section to have retired on January 1, 1977. |
11 | (c) For justices not eligible to retire as of September 30, 2009, and not eligible upon passage |
12 | of this article, and for their beneficiaries, the cost of living adjustment described in subsection (a) |
13 | above shall only apply to the first thirty-five thousand dollars ($35,000) of retirement allowance, |
14 | indexed annually, and shall commence upon the third (3rd) anniversary of the date of retirement or |
15 | when the retiree reaches age sixty-five (65), whichever is later. The thirty-five thousand dollar |
16 | ($35,000) limit shall increase annually by the percentage increase in the Consumer Price Index for |
17 | all Urban Consumer (CPI-U) as published by the United States Department of Labor Statistics |
18 | determined as of September 30 of the prior calendar year or three percent (3%), whichever is less. |
19 | The first thirty-five thousand dollars ($35,000), as indexed, of retirement allowance shall be |
20 | multiplied by the percentage of increase in the Consumer Price Index for all Urban Consumers |
21 | (CPI-U) as published by the United States Department of Labor Statistics determined as of |
22 | September 30 of the prior calendar year or three percent (3%), whichever is less, on the month |
23 | following the anniversary date of each succeeding year. For justices eligible to retire as of |
24 | September 30, 2009, or eligible upon passage of this article, and for their beneficiaries, the |
25 | provisions of this subsection (c) shall not apply. |
26 | (d) This subsection (d) shall be effective for the period July 1, 2012, through June 30, 2015. |
27 | (1) Notwithstanding the prior paragraphs of this section, and subject to paragraph (d)(2) |
28 | below, for all present and former justices, active and retired justices, and beneficiaries receiving |
29 | any retirement, disability, or death allowance or benefit of any kind, whether provided for or on |
30 | behalf of justices engaged on or prior to December 31, 1989, as a non-contributory justice or |
31 | engaged after December 31, 1989, as a contributory justice, the annual benefit adjustment provided |
32 | in any calendar year under this section shall be equal to (A) multiplied by (B) where (A) is equal |
33 | to the percentage determined by subtracting five and one-half percent (5.5%) (the "subtrahend") |
34 | from the Five-Year Average Investment Return of the retirement system determined as of the last |
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1 | day of the plan year preceding the calendar year in which the adjustment is granted, said percentage |
2 | not to exceed four percent (4%) and not to be less than zero percent (0%), and (B) is equal to the |
3 | lesser of the justice's retirement allowance or the first twenty-five thousand dollars ($25,000) of |
4 | retirement allowance, such twenty-five thousand dollars ($25,000) amount to be indexed annually |
5 | in the same percentage as determined under (d)(1)(A) above. The "Five-Year Average Investment |
6 | Return" shall mean the average of the investment return of the most recent five (5) plan years as |
7 | determined by the retirement board. Subject to paragraph (d)(2) below, the benefit adjustment |
8 | provided by this paragraph shall commence upon the third (3rd) anniversary of the date of |
9 | retirement or the date on which the retiree reaches his or her Social Security retirement age, |
10 | whichever is later. In the event the retirement board adjusts the actuarially assumed rate of return |
11 | for the system, either upward or downward, the subtrahend shall be adjusted either upward or |
12 | downward in the same amount. |
13 | (2) Except as provided in paragraph (d)(3), the benefit adjustments under this section for |
14 | any plan year shall be suspended in their entirety unless the Funded Ratio of the Employees' |
15 | Retirement System of Rhode Island, the Judicial Retirement Benefits Trust, and the State Police |
16 | Retirement Benefits Trust, calculated by the system's actuary on an aggregate basis, exceeds eighty |
17 | percent (80%) in which event the benefit adjustment will be reinstated for all justices for such plan |
18 | year. |
19 | In determining whether a funding level under this paragraph (d)(2) has been achieved, the |
20 | actuary shall calculate the funding percentage after taking into account the reinstatement of any |
21 | current or future benefit adjustment provided under this section. |
22 | (3) Notwithstanding paragraph (d)(2), in each fifth plan year commencing after June 30, |
23 | 2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five |
24 | (5) plan years, a benefit adjustment shall be calculated and made in accordance with paragraph |
25 | (d)(1) above until the Funded Ratio of the Employees' Retirement System of Rhode Island, the |
26 | Judicial Retirement Benefits Trust, and the State Police Retirement Benefits Trust, calculated by |
27 | the system's actuary on an aggregate basis, exceeds eighty percent (80%). |
28 | (4) Notwithstanding any other provision of this chapter, the provisions of this paragraph |
29 | (d) of § 8-3-15 shall become effective July 1, 2012, and shall apply to any benefit adjustment not |
30 | granted on or prior to June 30, 2012. |
31 | (e) This subsection (e) shall become effective July 1, 2015. |
32 | (1)(A) As soon as administratively reasonable following the enactment into law of this |
33 | subsection (e)(1)(A), a one-time benefit adjustment shall be provided to justices and/or |
34 | beneficiaries of justices who retired on or before June 30, 2012, in the amount of two percent (2%) |
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1 | of the lesser of either the justice's retirement allowance or the first twenty-five thousand dollars |
2 | ($25,000) of the justice's retirement allowance. This one-time benefit adjustment shall be provided |
3 | without regard to the retiree's age or number of years since retirement. |
4 | (B) Notwithstanding the prior subsections of this section, for all present and former |
5 | justices, active and retired justices, and beneficiaries receiving any retirement, disability or death |
6 | allowance or benefit of any kind, whether provided for or on behalf of justices engaged on or prior |
7 | to December 31, 1989, as a non-contributory justice or engaged after December 31, 1989, as a |
8 | contributory justice, the annual benefit adjustment provided in any calendar year under this section |
9 | for adjustments on and after January 1, 2016, and subject to subsection (e)(2) below, shall be equal |
10 | to (I) multiplied by (II): |
11 | (I) Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where: |
12 | (i) Is equal to the percentage determined by subtracting five and one-half percent (5.5%) |
13 | (the "subtrahend") from the five-year average investment return of the retirement system |
14 | determined as of the last day of the plan year preceding the calendar year in which the adjustment |
15 | is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent |
16 | (0%). The "five-year average investment return" shall mean the average of the investment returns |
17 | of the most recent five (5) plan years as determined by the retirement board. In the event the |
18 | retirement board adjusts the actuarially assumed rate of return for the system, either upward or |
19 | downward, the subtrahend shall be adjusted either upward or downward in the same amount. |
20 | (ii) Is equal to the lesser of three percent (3%) or the percentage increase in the Consumer |
21 | Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of Labor |
22 | Statistics determined as of September 30 of the prior calendar year. In no event shall the sum of (i) |
23 | plus (ii) exceed three and one-half percent (3.5%) or be less than zero percent (0%). |
24 | (II) Is equal to the lesser of either the justice's retirement allowance or the first twenty-five |
25 | thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount to be |
26 | indexed annually in the same percentage as determined under subsection (e)(1)(B)(I) above. |
27 | The benefit adjustments provided by this subsection (e)(1)(B) shall be provided to all |
28 | retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect, |
29 | and for all other retirees the benefit adjustments shall commence upon the third anniversary of the |
30 | date of retirement or the date on which the retiree reaches his or her Social Security retirement age, |
31 | whichever is later. |
32 | (2) Except as provided in subsection (e)(3), the benefit adjustments under subsection |
33 | (e)(1)(B) for any plan year shall be suspended in their entirety unless the funded ratio of the |
34 | employees' retirement system of Rhode Island, the judicial retirement benefits trust, and the state |
| LC005443 - Page 12 of 16 |
1 | police retirement benefits trust, calculated by the system's actuary on an aggregate basis, exceeds |
2 | eighty percent (80%) in which event the benefit adjustment will be reinstated for all justices for |
3 | such plan year. |
4 | In determining whether a funding level under this subsection (e)(2) has been achieved, the |
5 | actuary shall calculate the funding percentage after taking into account the reinstatement of any |
6 | current or future benefit adjustment provided under this section. |
7 | (3) Notwithstanding subsection (e)(2), in each fourth plan year commencing after June 30, |
8 | 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of four |
9 | plan years: (i) A benefit adjustment shall be calculated and made in accordance with paragraph |
10 | (e)(1)(B) above; and (ii) Effective for members and/or beneficiaries of members who retired on or |
11 | before June 30, 2015, the dollar amount in subsection (e)(1)(B)(II) of twenty-five thousand eight |
12 | hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand and twenty-six |
13 | dollars ($31,026) until the funded ratio of the employees' retirement system of Rhode Island, the |
14 | judicial retirement benefits trust, and the state police retirement benefits trust, calculated by the |
15 | system's actuary on an aggregate basis, exceeds eighty percent (80%). |
16 | (A) Effective for members and or beneficiaries of members who have retired on or before |
17 | July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within sixty (60) |
18 | days following the enactment of the legislation implementing this provision, and a second one-time |
19 | stipend of five hundred dollars ($500) in the same month of the following year. These stipends |
20 | shall be payable to all retired members or beneficiaries receiving a benefit as of the applicable |
21 | payment date and shall not be considered cost of living adjustments under the prior provisions of |
22 | this § 8-3-15. |
23 | (f) As of June 30, 2022, this section shall apply to all magistrates of all courts including, |
24 | but not limited to, the traffic tribunal. |
25 | 8-3-16. Retirement contribution. |
26 | (a) Judges engaged after December 31, 1989, shall have deducted from total salary |
27 | beginning December 31, 1989, and ending June 30, 2012, an amount equal to a rate percent of |
28 | compensation as specified in § 36-10-1 relating to member contributions to the state retirement |
29 | system. Effective July 1, 2012, all active judges, whether engaged before or after December 31, |
30 | 1989, shall have deducted from compensation as defined in subsection 36-8-1(8) an amount equal |
31 | to twelve percent (12%) of compensation, except active Supreme Court Judges as of June 30, 2012, |
32 | who shall have deducted from compensation as defined in section 36-8-1(8) an amount equal to the |
33 | percent of compensation in effect on June 30, 2012. Proceeds deposited shall be held in trust for |
34 | the purpose of paying retirement benefits to participating judges or their beneficiaries on the date |
| LC005443 - Page 13 of 16 |
1 | contributions are withheld but no later than three (3) business days following the pay period ending |
2 | in which contributions were withheld. The retirement board shall establish rules and regulations to |
3 | govern the provisions of this section. |
4 | (b) The state is required to deduct and withhold member contributions and to transmit same |
5 | to the retirement system and is hereby made liable for the contribution. In addition, any amount of |
6 | employee contributions actually deducted and withheld shall be deemed to be a special fund in trust |
7 | for the benefit of the member and shall be transmitted to the retirement system as set forth herein. |
8 | (c) A member of the judiciary who withdraws from service or ceases to be a member for |
9 | any reason other than retirement, shall be paid on demand a refund consisting of the accumulated |
10 | contributions standing to his or her credit in his or her individual account in the judicial retirement |
11 | benefits account. Any member receiving a refund shall thereby forfeit and relinquish all accrued |
12 | rights as a member of the system together with credits for total service previously granted to the |
13 | member; provided, however, that if any member who has received a refund shall subsequently |
14 | reenter the service and again become a member of the system, he or she shall have the privilege of |
15 | restoring all money previously received or disbursed to his or her credit as refund of contributions |
16 | plus regular interest for the period from the date of refund to the date of restoration. Upon the |
17 | repayment of the refund as herein provided, the member shall again receive credit for the amount |
18 | of total service which he or she had previously forfeited by the acceptance of the refund. |
19 | (d) Whenever any judge dies from any cause before retirement and has no surviving spouse, |
20 | domestic partner, or minor child(ren), a payment shall be made of the accumulated contributions |
21 | standing to his or her credit in his or her individual account in the judicial retirement benefits |
22 | account. The payment of the accumulated contributions of the judge shall be made to such person |
23 | as the judge shall have nominated by written designation duly executed and filed with the retirement |
24 | board, or if the judge has filed no nomination, or if the person so nominated has died, then to the |
25 | estate of the deceased judge. |
26 | (e) Effective June 30, 2022, any reference to judge in this section shall include magistrates |
27 | of all courts. |
28 | 8-3-18. Calculation of retirement benefits. |
29 | For purposes of the calculation of retirement benefits, in the event that any justice or judge |
30 | or magistrate of the supreme court, the superior court, the family court, or the district court, or the |
31 | traffic tribunal participates or acquiesces in a state shutdown or in a reduced salary or a salary |
32 | deferral plan consistent with any such plan imposed upon or agreed to by other state employees, |
33 | his or her annual salary shall be calculated as if he or she had not participated or acquiesced in any |
34 | such shutdown or plan. |
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1 | SECTION 3. This act shall take effect on June 30, 2022. |
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LC005443 | |
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| LC005443 - Page 15 of 16 |
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 | |
*** | |
1 | This act would allow magistrates of the traffic tribunal to receive all credits and retirement |
2 | allowances as afforded to justices and judges of the supreme, superior, family and district courts. |
3 | This act would take effect on June 30, 2022. |
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LC005443 | |
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