Chapter
179
2007 -- H 5519 AS AMENDED
Enacted 07/02/07
A N A C T
RELATING TO COURTS
AND CIVIL PROCEDURE - JUDICIAL PENSIONS
Introduced By: Representatives Lally, Williamson, Jackson, O`Neill, and Petrarca
Date Introduced: February
27, 2007
It is enacted by the General Assembly as follows:
SECTION
1. Sections 8-3-7, 8-3-7.1, 8-3-8 and 8-3-8.1 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 on or before [July 2, 1997]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, that justice may retire from active service and thereafter the
justice shall receive
annually
during life a sum equal to three-fourths (3/4) of the annual salary that the
justice was
receiving
at the time of retirement. 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.
(b) Any justice in any of the 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, the
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.
(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.
8-3-7.1.
Retirement of justices on reduced pay -- Assignment as associate justices. --
(a)
Whenever any person first engaged as a judge subsequent to [July 2, 1997] 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. 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.
(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.
(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.
8-3-8.
Retirement of justices on full pay -- Assignment as associate justices. --
(a)
Whenever
any person engaged as a judge 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. 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.
(b) 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 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.
8-3-8.1.
Retirement of justices on full pay -- Assignment as associate justices. --
(a)
Whenever
any person first engaged as a judge subsequent to [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, 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. 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.
(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. Sections 8-8.2-6 and 8-8.2-9 of the General Laws in Chapter 8-8.2 entitled
"Traffic
tribunal" are hereby amended to read as follows:
8-8.2-6.
Retirement of judges on reduced pay. -- (a) Whenever any person engaged
as
a judge
on or before July 2, 1997, has served as a judge of the administrative
adjudication court or
as a
judge of the administrative adjudication court who is reassigned by this
chapter to the traffic
tribunal
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 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 retired from active service and, thereafter,
the judge
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. 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. Whenever a judge or
magistrate shall be
granted
a leave of absence without pay, such absence shall not be credited towards
active service
time
for the purposes of retirement.
(b) Any judge who shall retire in accordance with the provisions of this
section may at
his or
her 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
or
magistrate
in the traffic tribunal as the chief judge of the district court or the chief
justice shall
prescribe.
When so assigned and performing that service, he or she shall have all the
powers and
authority
of a judge or magistrate. A retired judge shall not be counted in the number of
magistrates
provided by law for the traffic tribunal nor shall he or she receive any
further
emolument
other than his or her retirement pay for the performance of the aforesaid
services.
8-8.2-9.
Retirement of judges on reduced pay. -- (a) Whenever any person first
engaged
as a judge subsequent to July 2, 1997, has served as a judge of the
administrative
adjudication
court or as a judge of the administrative adjudication court who is reassigned
by this
chapter
to the traffic tribunal 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
twenty (20) years and has reached the age sixty five (65) or has served fifteen
(15) years
and has
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 provision of section 36-9-5. 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.
(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
magistrate in
the
traffic tribunal 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
magistrate. A
retired
judge shall not be counted in the number of magistrates provided by law for the
division of
traffic
adjudication nor shall he or she receive any further emolument other than his
or her
retirement
pay for the performance of the aforesaid services.
SECTION
3. Sections 28-30-15, 28-30-15.1, 28-30-16 and 28-30-16.2 of the General
Laws in
Chapter 28-30 entitled "Workers' Compensation Court" are hereby
amended to read as
follows:
28-30-15.
Retirement of judges engaged on or before July 2, 1997, on reduced pay. --
(a)
Whenever any person engaged as a judge on or before July 2, 1997, has served as
a workers'
compensation
judge for twenty (20) years, or has so served for ten (10) years and has
reached the
age of
sixty-five (65) years, he or she may retire from active service and
subsequently he or she
shall
receive annually during life a sum equal to three-fourths ( 3/4) of the annual
salary that he or
she was
receiving at the time of retirement. In determining eligibility under this
section, any
judge
who has served as a general officer may include that service as if that service
had been on
the
workers' compensation court. Whenever a judge or magistrate shall be granted
a leave of
absence
without pay, such absence shall not be credited towards active service time for
the
purposes
of retirement.
(b) Any judge who retires in accordance with the provisions of this section may
at his or
her own
request and at the direction of the chief judge of the court, subject to the
retiree's physical
and
mental competence, be assigned to perform any services that a judge on the
workers'
compensation
court as the chief judge prescribes. When so assigned and performing those
services,
he or she shall have all the powers and authority of a judge. A retired judge
shall not be
counted
in the number of judges provided by law for the workers' compensation court. Whenever
a
judge or magistrate shall be granted a leave of absence without pay, such
absence shall not be
credited
towards active service time for the purposes of retirement.
28-30-15.1.
Retirement of judges engaged after July 2, 1997, on reduced pay. -- (a)
Whenever
any person first engaged as a judge subsequent to July 2, 1997, has served as a
workers'
compensation judge for twenty (20) years, or has so served for ten (10) years
and has
reached
the age of sixty-five (65) years, he or she may retire from active service and
subsequently
he or
she shall receive annually during life a sum equal to three-fourths ( 3/4) of
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. Whenever a judge or magistrate shall be
granted a
leave
of absence without pay, such absence shall not be credited towards active
service time for
the
purposes of retirement.
(b) Any judge who retires in accordance with the provisions of this section may
at his or
her own
request and at the direction of the chief judge of the court subject to the
retiree's physical
and
mental competence, be assigned to perform those services that a judge on the
workers'
compensation
court as the chief judge prescribes. When so assigned and performing those
services,
he or she shall have all the powers and authority of a judge. A retired judge
shall not be
counted
in the number of judges provided by law for the workers' compensation court.
28-30-16.
Retirement of judges engaged on or before July 2, 1997, on full pay. --
(a)
Whenever
any person engaged as a judge on or before July 2, 1997, has served as a
workers'
compensation
judge for twenty (20) years and has reached the age of sixty-five (65) years,
or has
served
for fifteen (15) years and reached the age of seventy (70) years, he or she may
retire from
regular
active service and subsequently he or she shall receive annually during his or
her life a
sum
equal to the annual salary he or she was receiving at the time of his or her
retirement.
Whenever
a judge or magistrate shall be granted a leave of absence without pay, such
absence
shall
not be credited towards active service time for the purposes of retirement.
(b) Any judge who retires in accordance with the provisions of this section
shall at the
direction
of the chief judge of the court, subject to the retiree's physical and mental
competence,
be
assigned to perform those services that a judge as the chief judge prescribes.
When so assigned
and
performing that service, the retiree shall have all the powers and authority of
a judge. The
retired
judge shall not be counted in the number of judges provided by law for the
workers'
compensation
court.
28-30-16.2.
Retirement of judges engaged after July 2, 1997, on full pay. -- (a)
Whenever
any person first engaged as a judge subsequent to July 2, 1997 has served as a
workers'
compensation
judge for twenty (20) years and has reached the age of sixty-five (65) years,
or has
served
for fifteen (15) years and reached the age of seventy (70) years, he or she may
retire from
regular
active service and subsequently he or she shall receive annually during his or
her life a
sum
equal to his or her average highest three (3) consecutive years of
compensation. Whenever a
judge
or magistrate shall be granted a leave of absence without pay, such absence
shall not be
credited
towards active service time for the purposes of retirement.
(b) Any judge who retires in accordance with the provisions of this section
shall at the
direction
of the chief judge of the court, subject to the retiree's physical and mental
competence
be
assigned to perform those services as a judge that the chief judge prescribes.
When so assigned
and
performing that service, the retiree shall have all the powers and authority of
a judge. The
retired
judge shall not be counted in the number of judges provided by law for the
workers'
compensation
court.
SECTION
4. This act shall take effect upon passage.
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LC01237
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