View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0678................................by JUDICIARY, RULES AND ADMINISTRATION
JUDGES - RETIREMENT - Amends and adds to existing law to provide that a
vested member of the Public Employee Retirement System may, within thirty
days of becoming a justice of the Supreme Court, Court of Appeals judge or
district court judge, make a one-time irrevocable election to continue
participation in the Public Employee Retirement System in lieu of
participation in the Judge's Retirement Fund.
02/12 House intro - 1st rdg - to printing
02/13 Rpt prt - to Jud
02/20 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Mader, Marley, McKague, Meyer,
Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman,
Ridinger, Robison, Schaefer, Stevenson, Stoicheff, Stone, Stubbs,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Zimmermann,
Mr Speaker
NAYS -- None
Absent and excused -- Gagner, Loertscher, Sali, Wood
Floor Sponsor - Tippets
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Jud
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Wheeler, Whitworth
NAYS--None
Absent and excused--Ipsen, Twiggs
Floor Sponsor - Risch
Title apvd - to House
03/17 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/19 Governor signed
Session Law Chapter 126
Effective: 07/01/98
H0678|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 678 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO THE RETIREMENT OF SUPREME COURT JUSTICES, COURT OF APPEALS JUDGES 3 AND DISTRICT JUDGES; AMENDING SECTION 1-2001, IDAHO CODE, TO INCLUDE 4 JUDGES OF THE COURT OF APPEALS WITHIN THE APPLICATION OF THE SECTION, TO 5 PROVIDE THAT JUDGES MAKING AN ELECTION TO REMAIN IN THE PUBLIC EMPLOYEE 6 RETIREMENT SYSTEM SHALL NOT PARTICIPATE IN THE JUDGES RETIREMENT FUND AND 7 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 1-2005, IDAHO CODE, TO 8 PROVIDE FOR APPLICATION OF THE SECTION TO JUSTICES AND JUDGES UNDER THE 9 PUBLIC EMPLOYEE RETIREMENT SYSTEM AND TO MAKE TECHNICAL CORRECTIONS; 10 AMENDING CHAPTER 20, TITLE 1, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 11 1-2011, IDAHO CODE, TO PROVIDE THAT A VESTED MEMBER OF THE PUBLIC EMPLOYEE 12 RETIREMENT SYSTEM MAY WITHIN THIRTY DAYS OF BECOMING A JUSTICE OF THE 13 SUPREME COURT, COURT OF APPEALS JUDGE OR DISTRICT JUDGE MAKE A ONE-TIME 14 IRREVOCABLE ELECTION TO CONTINUE PARTICIPATION IN THE PUBLIC EMPLOYEE 15 RETIREMENT SYSTEM IN LIEU OF PARTICIPATION IN THE JUDGES RETIREMENT FUND; 16 AMENDING SECTION 1-2404, IDAHO CODE, TO PROVIDE FOR COURT OF APPEALS 17 JUDGES WHO HAVE ELECTED TO REMAIN IN THE PUBLIC EMPLOYEE RETIREMENT SYSTEM 18 AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 59-1303, IDAHO 19 CODE, TO PROVIDE THAT JUSTICES OF THE SUPREME COURT, JUDGES OF THE COURT 20 OF APPEALS AND DISTRICT JUDGES WHO HAVE ELECTED TO REMAIN IN THE PUBLIC 21 EMPLOYEE RETIREMENT SYSTEM SHALL HAVE POLICE OFFICER MEMBERSHIP STATUS FOR 22 RETIREMENT PURPOSES AND TO MAKE TECHNICAL CORRECTIONS. 23 Be It Enacted by the Legislature of the State of Idaho: 24 SECTION 1. That Section 1-2001, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 1-2001. SUPREME COURT JUSTICES AND DISTRICT COURT JUDGES -- AGE OF 27 RETIREMENT -- COMPENSATION ON RETIREMENT. (1) Every person who served as a 28 justice of theSs upremeCc 29 ourt or judge of the district court prior to June 30, 1983, and estab- 30 lished a right to benefits from the judges' retirement fund for such service, 31 and who is not an actively serving justice or judge on July 1, 1983, shall be 32 entitled to benefits from the fund according to the formula for calculating 33 such benefits as such formula existed on June 30, 1983. 34 (2) On and after July 1, 1983, any person who is now serving or who shall 35 hereafter serve as a justice of theSs upremeC36c ourt , judge of the court of appeals, or a 37 judge of a district court of this state upon attaining the age of sixty-five 38 (65) years, and having a minimum service of four (4) years in either or both 39 of said offices, may retire or resign from office and be entitled to receive 40 and to have paid to him from the date of his retirement or resignation until 41 his death, an annual retirement compensation equal to fourper cent42percent (4%) of the current annual compensation of the 43 office from which he retired or resigned, multiplied by the number of years he 2 1 has served as either, or both justice or judge for the first ten (10) years of 2 service, and equal to two and one-halfper centpercent 3 (2 1/2%) of the current annual compensation of the office from which he 4 retired or resigned, multiplied by the remaining number of years he has served 5 as both justice or judge, but such amount of annual retirement compensation 6 shall not exceed sixty-two and one-halfper centpercent 7 (62 1/2%) of the current annual compensation of the office from which 8 he retired or resigned, payable in monthlyinstalments9 installments on the first day of each month. 10 (3) On and after July 1, 1983, each person who is now serving or who 11 shall hereafter serve who shall retire or resign as justice of theS12s upremeCc ourt , judge of 13 the court of appeals, or district judge in the state of Idaho who has 14 served for an aggregate period of twenty (20) years or more, continuous or 15 otherwise, in either or both of such offices shall be entitled to receive and 16 to have paid to him from the date of his retirement or resignation until his 17 death, an annual retirement or resignation compensation equal to four18per centpercent (4%) of the current annual compensation 19 of the office from which he retired or resigned, multiplied by the number of 20 years he has served as either, or both justice or judge for the first ten (10) 21 years of service, and equal to two and one-halfper cent22 percent (2 1/2%) of the current annual compensation of the office from 23 which he retired or resigned, multiplied by the remaining number of years he 24 has served as both justice or judge, but such amount of annual retirement com- 25 pensation shall not exceed sixty-two and one-halfper cent26 percent (62 1/2%) of the current annual compensation of the office from 27 which he retired or resigned, payable in monthlyinstalments28 installments on the first day of each calendar month. 29 (4) On and after July 1, 1983, each justice or judge who is now serving 30 or who shall hereafter be appointed or elected and who shall retire by reason 31 of disability preventing him from further performance of the duties of his 32 office, after a service in either or both of said courts of four (4) years or 33 more, shall upon retirement, be entitled to receive and to have paid to him 34 until his death an annual retirement compensation equal to fourper cent35percent (4%) of the current annual compensation of the 36 office from which he retired or resigned, multiplied by the number of years he 37 has served as either or both justice or judge for the first ten (10) years of 38 service, and equal to two and one-halfper centpercent 39 (2 1/2%) of the current annual compensation of the office from which he 40 retired or resigned, multiplied by the remaining number of years he has served 41 as both justice or judge, but such amount of annual retirement compensation 42 shall not exceed sixty-two and one-halfper centpercent 43 (62 1/2%) of the current annual compensation of the office from which 44 he retired or resigned, payable in monthlyinstalments45 installments on the first day of each month. 46 (5) All retirement compensation shall be paid out of the judges' retire- 47 ment fund, provided, however, that a justice or judge who has served less than 48 four (4) years shall be entitled to have refunded to him all contributions 49 made by him to the judges' retirement fund, with six and one-halfper50centpercent (6 1/2%) interest computed annually but shall 51 not be entitled to any other compensation from the fund. 52 (6) Notwithstanding any other provision of this section, any person 53 who makes an election to remain in the public employee retirement system of 54 Idaho as provided in section 1-2011, Idaho Code, shall not participate in the 55 judges' retirement fund established in this chapter, but shall continue to 3 1 participate in the public employee retirement system of Idaho and be governed 2 under the provisions of that system, except as provided in section 1-2005, 3 Idaho Code. 4 SECTION 2. That Section 1-2005, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 1-2005. SERVICES REQUIRED OF RETIRED SUPREME COURT JUSTICES, COURT OF 7 APPEALS JUDGES AND DISTRICT JUDGES. Any retired justice or judge, while he 8 remains capable, upon compliance with title 59, chapter 4, Idaho Code, may sit 9 as a judge of the district court or as a magistrate in any county upon the 10 request and order of the chief justice, and when any such request is made or 11 approved by the chief justice, it shall be his duty to do so. 12 Any retired justice or judge, while he remains capable, upon compliance 13 with title 59, chapter 4, Idaho Code, may sit with theSs 14 upremeCc ourt and exercise the authority of a 15 member thereof in any cause in which he is requested by that court so to do, 16 and when requested by the chief justice shall perform such other duties per- 17 taining to the judicial department of government as directed. 18 During the period that any such retiredSs upreme 19Cc ourt justice, court of appeals judge or district 20 judge is serving and holding court pursuant to this section, he shall be enti- 21 tled to receive all of his retirement benefits under the judges' retirement 22 fund or the public employee retirement system of Idaho together 23 with an additional sum as compensation for his services sufficient to amount 24 to an aggregate sum of retirement benefits and additional compensation so as 25 to be equal to the current salary of the judicial office from which such26Ss upremeCc ourt justice, court 27 of appeals judge or district judge has retired. Such additional compensation, 28 above the retirement benefits accruing to such retired justice or judge, shall 29 be paid from the general fund as provided by the legislature. 30 When so serving outside of his county of residence, any such retired jus- 31 tice or judge shall receive and have paid to him his necessary traveling and 32 subsistence expenses. 33 Any period of service so rendered by any retired justice or judge shall 34 not inanywayany way be computed for additional 35 retirement benefits, and the state controller shall not receive or deduct any 36 sum from the salary of any such retired justice or judge for such services, 37 for transfer to the judges' retirement fund or to the public employee 38 retirement system of Idaho . 39 Any justice or judge who voluntarily leaves full-time judicial employment 40 prior to eligibility for retirement under section 1-2001, Idaho Code, or 41 the public employee retirement system of Idaho, may, while he remains 42 capable, upon compliance with chapter 4, title 59, Idaho Code, sit with the 43Ss upremeCc ourt and exer- 44 cise the authority of a member thereof in any cause in which he is requested 45 by that court to do so or sit as a judge of the court of appeals, district 46 court or as a magistrate in any county upon the request and order of the chief 47 justice. When so serving, any justice or judge not eligible for retirement 48 under section 1-2001, Idaho Code, or the public employee retirement sys- 49 tem of Idaho, shall receive and have paid to him such compensation and 50 expenses as may be authorized by theSs upreme51Cc ourt; provided, however, that such compensation shall 52 not exceed the current salary of the judicial office vacated by suchS53s upremeCc ourt justice, court of 4 1 appeals judge or district judge. Any period of service so rendered by any jus- 2 tice or judge not eligible for retirement under section 1-2001, Idaho Code, 3 or the public employee retirement system of Idaho, shall not in 4anywayany way be computed for additional retirement 5 benefits, and the state controller shall not receive or deduct any sum from 6 the salary of any such justice or judge for such services, for transfer to the 7 judges' retirement fund or to the public employee retirement system of 8 Idaho . 9 SECTION 3. That Chapter 20, Title 1, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION , to be 11 known and designated as Section 1-2011, Idaho Code, and to read as follows: 12 1-2011. ELECTION TO CONTINUE PARTICIPATION IN THE PUBLIC EMPLOYEE RETIRE- 13 MENT SYSTEM OF IDAHO. On and after July 1, 1998, any vested member of the pub- 14 lic employee retirement system of Idaho may, within thirty (30) days of becom- 15 ing a justice of the supreme court, judge of the court of appeals or district 16 judge in the state of Idaho, make a one-time irrevocable election to continue 17 participation as an active member of that system in lieu of participation in 18 the judges' retirement fund established in this chapter and the justice, judge 19 or spouse shall not be entitled to any compensation, benefits or allowances 20 under any provision of this chapter. An election must be in writing and must 21 be provided to both the supreme court and the public employee retirement sys- 22 tem of Idaho. Once an election is made, all service as justice or judge, 23 including noncontinuous service, shall be accrued to the public employee 24 retirement system of Idaho, and shall be governed under the provisions of that 25 system, except as provided in section 1-2005, Idaho Code. 26 SECTION 4. That Section 1-2404, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 1-2404. NUMBER OF JUDGES -- QUALIFICATIONS -- CONDUCT AND DISCIPLINE -- 29 TERM -- SELECTION -- ELECTION -- COMPENSATION. (1) The court of appeals shall 30 consist of three (3) judges, and shall sit in panels of not less than three 31 (3) judges each. 32 (2) No person shall be appointed or elected to the office of judge of the 33 court of appeals unless he has attained the age of thirty (30) years at the 34 time of his appointment or election, is a citizen of the United States, shall 35 have been admitted to the practice of law for at least ten (10) years prior to 36 taking office, and is admitted to practice law in the state of Idaho, and has 37 resided within this state two (2) years next preceding his appointment or 38 election. 39 (3) A judge of the court of appeals shall be governed by the code of 40 judicial conduct as promulgated by the Idaho supreme court, and shall be sub- 41 ject to removal, discipline, or retirement pursuant to section 1-2103, Idaho 42 Code. 43 (4) (a) Judges of the court of appeals shall be appointed by the governor 44 effective the first Monday of January, 1982, for the following initial 45 terms: one (1) judge shall be appointed for a term to expire on the first 46 Monday of January, 1985, one (1) judge shall be appointed for a term 47 expiring two (2) years later, and one (1) judge shall be appointed for a 48 term expiring two (2) further years later. Thereafter, the term of office 49 of a judge of the court of appeals shall be six (6) years, except that no 50 judge of the court of appeals shall serve beyond the limits set forth in 51 section 1-2007, Idaho Code. 5 1 (b) Vacancies in the office of judge of the court of appeals shall be 2 filled in the same manner as vacancies in the office of supreme court jus- 3 tice or district judge. 4 (c) The positions of judges of the Idaho court of appeals shall first be 5 filled as vacancies. The judicial council shall submit to the governor its 6 recommendations for the offices at the earliest practicable time after the 7 effective date of this act. The governor may make the appointment at any 8 time thereafter, to be effective the first Monday of January, 1982, for 9 the terms set forth in section 1-2404(4)(a), Idaho Code. 10 (d) In making its nominations for the initial vacancies to be created by 11 this act, the Idaho judicial council shall submit the names of not less 12 than six (6) nor more than nine (9) qualified persons for the initial 13 three (3) vacancies to be created by this act. Otherwise, the judicial 14 council shall submit the names of not less than two (2) nor more than four 15 (4) persons for each vacancy. The governor shall appoint the judges, iden- 16 tifying each appointment by the length of the term of appointment. 17 (e) Nominations and appointments to fill initial or subsequent vacancies 18 shall be made with due regard for balanced geographical membership of the 19 court of appeals. 20 (f) Subsequent terms of office of a judge who has been appointed to the 21 court of appeals shall be subject to a statewide nonpartisan election to 22 be held in the primary election next preceding the expiration of an 23 appointed term in the same method and manner as a justice of the supreme 24 court. 25 (5) Judges of the court of appeals shall receive an annual salary in an 26 amount of one thousand dollars ($1,000) less than the annual sal- 27 ary of a supreme court justice and except for judges who have made an 28 election to remain in the public employee retirement system of Idaho pursuant 29 to section 1-2011, Idaho Code, shall receive compensation upon retire- 30 ment as provided in chapter 20, title 1, Idaho Code. 31 SECTION 5. That Section 59-1303, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 59-1303. ADDITIONAL DEFINITIONS FOR POLICE OFFICER STATUS. (1) As used in 34 this chapter, each of the terms defined in this section shall have the meaning 35 given in this section unless a different meaning is clearly required by the 36 context. 37 (2) Police officer membership status for retirement purposes may be fixed 38 only by law, or by order of the retirement board. 39 (3) Members holding or filling the following positions or offices are 40 designated by law as police officer members for retirement purposes during the 41 time of their appointment to that position or during their term of office: 42 (a) (i) The director and deputy director of the department of law 43 enforcement, the administrator of the Idaho state police division and 44 the assistant director of the police services division. 45 (ii) Commissioned personnel of the state police division, police 46 services division and alcohol beverage control division holding posi- 47 tions which involve active law enforcement services, for which cur- 48 rent POST certification is required to continue in employment in the 49 position, POST instructors, and department of law enforcement train- 50 ing instructors. 51 (iii) Brand inspectors and brand inspector supervisors. 52 (iv) Employees of the department of law enforcement serving in posi- 53 tions of personnel management, accounting, data processing, clerical 6 1 services and in like general classifications found in departments 2 throughout state government and not within the scope of active law 3 enforcement service are not eligible for police officer member sta- 4 tus. 5 (b) (i) County sheriffs; 6 (ii) Deputy county sheriffs holding positions for which current POST 7 certification is necessary to continue in employment in the position, 8 the principal duties of which are active law enforcement service; 9 deputy county sheriffs holding positions which require accountability 10 for the safety and safekeeping of persons confined in a city or 11 county confinement facility or whose duties require active participa- 12 tion in county law enforcement activities pertaining to crime preven- 13 tion or reduction; deputy sheriffs, even though POST certified or 14 required to be POST certified, holding positions whose principal 15 full - time duties are those of a telephone operator, 16 clerk, stenographer, animal control officer, records specialist, or 17 duties not within the scope of active law enforcement service are not 18 eligible for police officer member status. 19 (c) (i) City police chiefs; 20 (ii) City police officers holding positions for which current POST 21 certification is necessary to continue in employment in the position, 22 the principal duties of which are active law enforcement service; 23 city police officers holding positions which require accountability 24 for the safety and safekeeping of persons confined in a city or 25 county confinement facility or whose duties require active participa- 26 tion in city law enforcement activities pertaining to crime preven- 27 tion or reduction; police officers, even though POST certified or 28 required to be POST certified, holding positions whose principal 29 full - time duties are those of a telephone operator, 30 clerk, stenographer, animal control officer, records specialist, or 31 duties not within the scope of active law enforcement service are not 32 eligible for police officer member status. 33 (d) Employees of the department of fish and game serving in a conserva- 34 tion officer position for which current POST certification is necessary to 35 continue in employment in that position and which position has as its pri- 36 mary accountability the enforcement of wildlife protection laws and regu- 37 lations. 38 (e) (i) The director of the department of correction, the deputy direc- 39 tor for probation and parole, and wardens of institutions; 40 (ii) Employees of the department of correction accountable for the 41 custody, safety, safekeeping or supervision of persons confined in a 42 department confinement facility and whose work station is located 43 within the confinement facility; 44 (iii) Probation and parole supervisors, probation and parole investi- 45 gators, and probation and parole officers; 46 (iv) Correctional peace officer training instructors; 47 (v) Employees of the department of correction serving in positions 48 of personnel management, accounting, data processing, clerical ser- 49 vices and in like general classifications found in departments 50 throughout state government and not within the scope of active law 51 enforcement service are not eligible for police officer member sta- 52 tus. 53 (f) Employees of the adjutant general and military division of the state 54 where military membership is a condition of employment. 55 (g) Magistrates of the district court,; justices of 7 1 the supreme court, judges of the court of appeals, and district judges who 2 have made an election under section 1-2011, Idaho Code; and court 3 employees designated by court order to have primary responsibility for 4 court security or transportation of prisoners. 5 (h) Paramedics and paramedic trainees. 6 (i) Criminal investigators of the attorney general's office, and criminal 7 investigators of a prosecuting attorney's office. 8 (j) The director of security and the criminal investigators of the Idaho 9 state lottery. 10 (4) A member may be designated by the retirement board as a police offi- 11 cer member for retirement purposes if the position held is one in which the 12 principal duties involve hazardous law enforcement duties. 13 (a) For purposes of this section, "hazardous law enforcement duties" 14 mean s principal duties which: 15 (i) Will reasonably expect to increase the probability of early 16 superannuation; 17 (ii) Is associated with life-threatening risk or presents a position 18 of peril either to the member or to others, or which can place the 19 public safety in jeopardy; and 20 (iii) Either compels others to observe the law, pertains to crime 21 prevention, or pertains to crime reduction, including police, courts, 22 prosecution, correction, or rehabilitation. 23 (b) If continued employment in a position is conditioned on maintaining 24 current POST certification, such condition shall be evidence to be consid- 25 ered that the employee is a police officer member for retirement purposes. 26 (i) After July 1, 1985, a requirement for POST certification for 27 classified state employees may be made only by the personnel commis- 28 sion. 29 (c) Occasional assignments to hazardous law enforcement dutiesdoes30do not create a condition for designation as a police 31 officer member for retirement purposes. 32 (5) Any employer or agency that believes that any employee, not specifi- 33 cally designated as a police officer by law, is incorrectly classified as a 34 nonpolice officer member, may petition the retirement board for inclusion of 35 that employee's position as one to be filled by a police officer member for 36 retirement purposes. The petition shall be in writing and shall explain in 37 detail the principal duties of the position and include written evidence which 38 establishes that the criteria of subsection (4) are met. The board shall 39 review the petition and evidence, together with such information and evidence 40 as may be presented by the staff of the retirement system. The board may 41 decide the matter based upon the information supplied, may request additional 42 information, or may request an oral presentation before the board. The deci- 43 sion of the board shall be final, but a similar petition may be resubmitted 44 after six (6) months. 45 (6) On and after July 1, 1985, no active member shall be classified as a 46 police officer for retirement purposes unless the employer shall have certi- 47 fied to the board, on a form provided by the board, that such member is an 48 employee whose primary position with the employer is one designated as such 49 within the meaning of this chapter, and the board shall have accepted such 50 certification. Acceptance by the board of an employer's certification shall in 51 no way limit the board's right to review and reclassify the position for 52 retirement purposes based upon an audit or other relevant information pre- 53 sented to the board. 54 (7) An active member classified as a police officer for retirement pur- 55 poses whose position is reclassified to that of a general member for retire- 8 1 ment purposes as a result of a determination that the position does not meet 2 the requirements of this chapter for police officer status for retirement pur- 3 poses shall become a general member but shall not lose retirement benefits 4 earned and accrued prior to the reclassification. If that member continues to 5 be employed in that same position until retired, that member then will be 6 deemed to be a police officer member for the purposes of retirement eligibil- 7 ity.
STATEMENT OF PURPOSE
RS08034
This bill pertains to the retirement rights of state
court justices and judges.
Magistrate judges of the district court are under the
Public Employees Retirement System of Idaho (PEPSI). Supreme
Court justices, Court of Appeals judges, and district judges
are under a judges, retirement system created in chapter 20,
title 1, Idaho Code.
Under present law, a magistrate judge, or other vested
member of PERSI must change retirement systems as a condition
of becoming a district judge or appellate court justice or
judge. This may serve to discourage a qualified individual in
PERSI from applying for these appellate and district judge
positions if they have acquired retirement options and
benefits under PERSI they would not have or which would be
delayed under the judges' retirement system.
This bill gives a newly appointed or elected Supreme
Court justice, Court of Appeals judge, or district judge a
one-time, irrevocable election to remain under PERSI
rather than participate in the judges' retirement system.
FISCAL NOTE
The annual cost for a justice or judge who makes an
election to remain in PERSI pursuant to the authority
granted in this bill is estimated to be $3,930, which will
be paid from the state general fund.
Contact Person: Patricia Tobias
Administrative Director of the
Courts Idaho Supreme Court
(203) 334-2246
Statement of Purpose/Fiscal
Note
H 678