Chapter 236
2012 -- H 8159
Enacted 06/12/12
A N A C T
RELATING TO
COURTS AND CIVIL PROCEDURE - COURTS
Introduced By: Representatives Mattiello, Tarro, Brien, and Watson
Date Introduced: May 16, 2012
It is enacted by the General
Assembly as follows:
SECTION 1. Section 8-10-3.2 of the General Laws in Chapter
8-10 entitled "Family
Court" is hereby
amended to read as follows:
8-10-3.2.
General magistrate of the family court. -- (a) There is hereby created within
the family court the position of general magistrate of
the family court who shall be appointed by
the chief judge of the family court with the advice and
consent of the senate for a term of ten (10)
years and until a successor is appointed and qualified.
Nothing herein shall be construed to
prohibit the assignment of the general magistrate to more than
one such term, subject to the
advice and consent of the senate.
(b) The general
magistrate shall be an attorney at law and a member in good standing of
the
(c) The primary
function of the general magistrate shall be the enforcement of child
support decrees, orders, and law relative to child support.
The general magistrate shall have all
the authority and powers vested in magistrates by virtue
of sections 8-10-3, 8-10-3.1, 9-15-19, 9-
15-21, 9-14-26, 9-18-8, 9-18-9, and 36-2-3, and any
other authority conferred upon magistrates
by any general or public law or by any rule of procedure
or practice of any court within the state.
(d) The chief justice
of the supreme court with the agreement of the chief judge of the
family court may specially assign the general magistrate to
any court of the unified judicial
system; provided, however, that the general magistrate may
be assigned to the superior court
subject to the prior approval of the presiding justice of the
superior court. When the general
magistrate is so assigned he or she shall be vested, authorized,
and empowered with all the
powers belonging to the magistrates of the court to which he
or she is specially assigned.
(e) The general
magistrate shall:
(1) Receive all credits
and retirement allowances as afforded justices under chapter 3 of
this title and any other applicable law;
(2) Be governed by the
commission on judicial tenure and discipline, chapter 16 of this
title, in the same manner as justices and workers'
compensation judges;
(3) Be entitled to a
special license plate under section 31-3-47;
(4) Receive
a salary equivalent to that of a district court judge;
(5) Be subject to all
the provisions of the canons of judicial ethics; and
(6) Be subject to all
criminal laws relative to judges by virtue of sections 11-7-1 and 11-
7-2.
(f) The general magistrate
of the family court who shall at the time of passage of this
section hold the position of general magistrate, shall upon
retirement, 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
general magistrate of the family
court, as the chief judge of the family court shall
prescribe. When so assigned and performing
such service, the general magistrate shall have all the
powers and authority of general magistrate
of the family court, but otherwise shall have no powers
nor be authorized to perform any judicial
duties. For any such service or assignments performed after
retirement, the general magistrate
shall receive no compensation whatsoever, either monetary
or in kind. Such a retired general
magistrate shall not be counted in the number of judicial
officers provided by law for the family
court.
(f) (g) The provisions of this section shall be afforded liberal
construction.
SECTION 2. Section 36-10-36 of the General Laws in Chapter
36-10 entitled
"Retirement
System-Contributions and Benefits" is hereby amended to read as follows:
36-10-36.
Post retirement employment. -- (a) On and after July 7, 1994, no member
who has retired under the provisions of titles 16, 36, or
45 may be employed or reemployed by
any state agency or department unless any and all
retirement benefits to which he or she may be
entitled by virtue of the provisions of titles 16, 36 or 45
are suspended for the duration of any
employment or reemployment. No additional service credits shall
be granted for any post-
retirement employment or reemployment and no deductions shall be
taken from an individual's
salary for retirement contribution. Notice of any such
post-retirement employment or
reemployment shall be sent monthly to the retirement board by the
employing agency or
department and by the retired member.
(b) Any member who has retired
under the provisions of titles 16, 36, or 45 may be
employed or reemployed by any municipality within the state,
which municipality has accepted
the provisions of chapter 21 of title 45 and which
participates in the municipal employees'
retirement system for a period of not more than seventy-five
(75) working days or one hundred
fifty (150) half days with half day pay in any one calendar
year without any forfeiture of or
reduction of any retirement benefits and allowances the member
is receiving or may receive as a
retired member. Pension payments shall be suspended whenever
this period is exceeded. No
additional contributions shall be taken and no additional
service credits shall be granted for this
service. Notice of this employment or re-employment shall be
sent monthly to the retirement
board by the employer and by the retired member.
(c) Any member who has
retired under the provisions of title 16, 36, or 45 may be
employed or re-employed by any municipality within the state
which has not accepted the
provisions of chapter 21 of title 45 and which does not
participate in the municipal employees'
retirement system.
(d) Notwithstanding the
provisions of this section:
(1) Any retired member
of the system shall be permitted to serve as an elected mayor,
the town administrator, the city administrator, the town
manager, the city manager, the chief
administrative officer or the chief executive officer of any city or
town, city or town council
member, school committee member, or unpaid member of any
part-time state board or
commission or member of any part-time municipal board or
commission, and shall continue to be
eligible for and receive the retirement allowance for service
other than that as a mayor,
administrator, council member, school committee member, or member
of any state board or
commission or member of any part-time municipal board or
commission; provided, however, that
no additional service credits shall be granted for any
service under this subsection;
(2) Any retired member
who retired from service at any state college, university, state
school, or who retired from service as a teacher under the
provisions of title 16, or who retired
from service under title 36 or title 45, may be employed
or reemployed, on a part-time basis, by
any state college, university or state school for the
purpose of providing classroom instruction,
academic advising of students and/or coaching. Compensation
shall be provided at a level not to
exceed the salary provided to other faculty members employed
under a collective bargaining
agreement at the institution. In no event shall
"part-time" mean gross pay of more than fifteen
thousand dollars ($15,000) in any one calendar year. Any
retired member who provides such
instruction or service shall do so without forfeiture or
reduction of any retirement benefit or
allowance; and provided, however, that no additional service
credits shall be granted for any
service under this subsection;
(3) Any retired member
who retired from service as a teacher under the provisions of
title 16, or as a state employee who while an active state
employee was certified to teach driver
education by the department of elementary and secondary
education or by the board of governors
for higher education, may be employed or reemployed, on a
part-time basis, by the department of
elementary and secondary education or by the board of governors
for higher education for the
purpose of providing classroom instruction in driver
education courses in accordance with section
31-10-19 and/or motorcycle driver
education courses in accordance with section 31-10.1-1.1. In
no event shall "part-time" mean gross pay of
more than fifteen thousand dollars ($15,000) in any
one calendar year. Any retired teacher who provides that
instruction shall do so without forfeiture
or reduction of any retirement benefit or allowance the
retired teacher is receiving as a retired
teacher; provided, however, that no additional service
credits shall be granted for any service
under this subsection; and
(4) Any retired member
who retired from service as a registered nurse may be employed
or reemployed, on a per diem basis, for the purpose of
providing professional nursing care and/or
services at a state operated facility in
of more than twelve thousand dollars ($12,000) in any
one calendar year. Any retired nurse who
provides such care and/or services shall do so without forfeiture
or reduction of any retirement
benefit or allowance the retired nurse is receiving as a
retired nurse; provided, however, that no
additional service credits shall be granted for any service
under this subsection.
(5) Any retired
member who at the time of passage of this section serves as a general
magistrate within the family court and thereafter retires from
judicial service, may be employed
or reemployed by the family court to perform such
services as a general magistrate of the family
court as the chief judge of the family court shall
prescribe, without any forfeiture of or reduction
of any retirement benefits and allowances that he or she
is receiving or may receive. For any such
services or assignments performed after retirement, the
general magistrate shall receive no
compensation whatsoever, either monetary or in kind. No additional
contributions shall be taken
and no additional service credits shall be granted for
this service.
SECTION 3. This act shall take effect upon passage.
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LC02573
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