2025 -- S 1153

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

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

SUPREME, SUPERIOR, AND FAMILY COURTS

     Introduced By: Senators LaMountain, and Bissaillon

     Date Introduced: June 13, 2025

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 8-3-11 of the General Laws in Chapter 8-3 entitled "Justices of the

Supreme, Superior, and Family Courts" is hereby amended to read as follows:

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

deceased justices.

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

district court who was engaged as a judge 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 was receiving

by way of salary or retirement pay at the time of his or her death. Whenever a justice 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 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 of the courts who is engaged as a judge on or 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 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 of the courts who is engaged as a judge 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 death, the justice’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, 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 death, one-half (½) of the justice’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, as the justice 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 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 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 retirement benefit determined in the case of an election under this section

as of the date of the justice’s retirement.

     (3) A justice 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.

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

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district court who was engaged as a judge 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 was receiving by way of salary.

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

     (h) Whenever any magistrate of the superior court, the family court, the district court or

traffic tribunal, who is engaged as a magistrate, dies during active service while eligible for

retirement under the Employees' Retirement System of Rhode Island (ERSRI), their surviving

spouse or domestic partner shall receive thereafter, during the survivor's lifetime and so long as

they remain unmarried or not in a domestic partnership, an amount equal to "ERSRI option #1 –

100% survivor option." The date of ERSRI retirement shall be calculated as the date of the

magistrate's death. Said survivor benefit shall be paid by and through ERSRI as the magistrate

would have been entitled to if retired before the magistrate's date of death.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

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

SUPREME, SUPERIOR, AND FAMILY COURTS

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     This act would amend the current law so that if a magistrate dies during active service in

the superior, family or district court or traffic tribunal, while eligible for retirement under ERSRI,

their surviving spouse or domestic partner would receive "ERSRI option #1 – 100% survivor

option", for the lifetime of the survivor provided the survivor has not remarried. The act would also

provide that the date of ERSRI retirement be calculated as of the date of death and the survivor

benefit would be paid through ERSRI.

     This act would take effect upon passage.

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