2000 Legislation
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HOUSE BILL NO. 760 – Judges retirement, judicial service

HOUSE BILL NO. 760

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H0760.....................................................by WAYS AND MEANS
JUDGES - RETIREMENT - Repeals, amends and adds to existing law to provide
for judges' retirement and judicial service after retirement.
                                                                        
03/20    House intro - 1st rdg - to printing
03/21    Rpt prt - to Jud
03/22    Rpt out - rec d/p - to 2nd rdg
03/23    2nd rdg - to 3rd rdg
03/27    3rd rdg - PASSED - 43-25-2
      AYES -- Barraclough, Bieter, Black, Boe, Callister, Campbell, Chase,
      Cheirrett, Cuddy, Deal, Denney, Ellsworth, Field(13), Gould, Hadley,
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kunz,
      Linford, Mader, Marley, Meyer, Montgomery, Mortensen, Moss, Pischner,
      Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sellman, Shepherd,
      Smylie, Stone, Trail, Zimmermann, Mr Speaker
      NAYS -- Alltus, Barrett, Bell, Bruneel, Clark, Crow, Field(20),
      Gagner, Geddes, Hammond, Hansen(23), Kempton, Kendell, Lake,
      Loertscher, McKague, Moyle, Pearce, Schaefer, Stevenson, Stoicheff,
      Taylor, Tilman, Wheeler, Wood
      Absent and excused -- Sali, Smith
    Floor Sponsors - Gould, Moss
    Title apvd - to Senate
03/28    Senate intro - 1st rdg - to Jud
03/29    Rpt out - rec d/p - to 2nd rdg
03/30    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 29-4-2
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Ingram, Keough, King-Barrutia, Lee, McLaughlin, Noh, Richardson,
      Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
      Wheeler, Whitworth
      NAYS--Branch, Hawkins, Parry, Williams
      Absent and excused--Crow, Ipsen
    Floor Sponsors - Darrington, Bunderson
    Title apvd - to House
03/31    To enrol
04/03    Rpt enrol - Sp signed
04/04    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 385
         Effective: 07/01/00

Bill Text


 H0760
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 760
                                                                        
                                BY WAYS AND MEANS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO JUDGES' RETIREMENT AND JUDICIAL SERVICE AFTER RETIREMENT;  REPEAL-
  3        ING  SECTION 1-2001, IDAHO CODE; AMENDING CHAPTER 20, TITLE 1, IDAHO CODE,
  4        BY THE ADDITION OF A NEW SECTION 1-2001, IDAHO CODE, TO  PROVIDE  FOR  THE
  5        AGE  OF  RETIREMENT  AND COMPENSATION ON RETIREMENT OF A JUSTICE OR JUDGE;
  6        AMENDING CHAPTER 20, TITLE 1, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
  7        1-2001b, IDAHO CODE, TO ALLOW THE CONVERSION  OF  RETIREMENT  COMPENSATION
  8        INTO OPTIONAL RETIREMENT ALLOWANCES; REPEALING SECTION 1-2005, IDAHO CODE;
  9        AMENDING CHAPTER 20, TITLE 1, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
 10        1-2005,  IDAHO  CODE,  TO  PROVIDE FOR JUDICIAL SERVICE BY RETIRED SUPREME
 11        COURT JUSTICES, COURT OF APPEALS JUDGES AND DISTRICT JUDGES; AMENDING SEC-
 12        TION 1-2009, IDAHO CODE, TO INCREASE THE SPOUSAL BENEFIT,  TO  PROVIDE  AN
 13        OPTIONAL  RETIREMENT ALLOWANCE TO A SURVIVING SPOUSE OF A DECEASED JUSTICE
 14        OR JUDGE WHO WAS NOT RECEIVING RETIREMENT BENEFITS AT THE  TIME  OF  DEATH
 15        AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 1-2010, IDAHO CODE, TO
 16        PROVIDE  THAT  COMPENSATION  PAID TO AN ANNUITANT SHALL BE INCLUDED IN THE
 17        COMPUTATION TO DETERMINE THE AMOUNT OF ANY DEATH BENEFIT THAT  IS  PAYABLE
 18        TO  A  BENEFICIARY  AND  TO  MAKE TECHNICAL CORRECTIONS; REPEALING SECTION
 19        1-2221, IDAHO CODE; AMENDING CHAPTER 22, TITLE 1, IDAHO CODE, BY THE ADDI-
 20        TION OF A NEW SECTION 1-2221, IDAHO CODE, TO PROVIDE FOR JUDICIAL  SERVICE
 21        BY RETIRED MAGISTRATE JUDGES; AND AMENDING SECTION 67-5339, IDAHO CODE, TO
 22        ALLOW  JUSTICES  AND JUDGES WHO RETIRE UNDER THE JUDGES' RETIREMENT SYSTEM
 23        TO RECEIVE CREDIT FOR A PERCENTAGE OF UNUSED SICK LEAVE EARNED AFTER  JULY
 24        1, 2000, TO PAY PREMIUMS ON STATE GROUP INSURANCE PROGRAMS.
                                                                        
 25    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 26        SECTION  1.  That  Section  1-2001, Idaho Code, be, and the same is hereby
 27    repealed.
                                                                        
 28        SECTION 2.  That Chapter 20, Title 1, Idaho Code,  be,  and  the  same  is
 29    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 30    ignated as Section 1-2001, Idaho Code, and to read as follows:
                                                                        
 31        1-2001.  SUPREME COURT JUSTICES, COURT  OF  APPEALS  JUDGES  AND  DISTRICT
 32    JUDGES  --  AGE  OF RETIREMENT -- COMPENSATION ON RETIREMENT. (1) Every person
 33    who served as a justice of the supreme court or judge of the court of  appeals
 34    or  district  judge  of  the district court and is receiving benefits from the
 35    judges' retirement fund for such service, shall be entitled to  benefits  from
 36    the fund according to the formula for calculating such benefits as provided in
 37    section 1-2001(2)(a), Idaho Code.
 38        (2)  Any  person who is now serving or who shall hereafter serve as a jus-
 39    tice of the supreme court, a judge of the court  of  appeals,  or  a  district
 40    judge  of  a  district  court of this state shall prior to retirement elect in
 41    writing to retire under either paragraph (a) or (b) of  this  subsection.  Any
 42    person who fails to make the election provided for in this subsection prior to
                                                                        
                                       2
                                                                        
  1    retirement shall receive retirement compensation under the provisions of para-
  2    graph (a) of this subsection.
  3        (a)  On  or  after  July  1, 2000, any person who has served or who is now
  4        serving or who shall hereafter serve as a justice of the supreme court,  a
  5        judge  of the court of appeals, or a district judge of a district court of
  6        this state may leave office or retire and be entitled to  receive  and  to
  7        have  paid  from the date of his retirement until death, an annual retire-
  8        ment compensation based upon a percentage of the current annual  compensa-
  9        tion  of  the  highest  office in which he served. The percentage shall be
 10        equal to five percent (5%) multiplied by the number  of  years  served  as
 11        either  justice  or judge or both, for the first ten (10) years of service
 12        plus two and one-half percent (2 1/2%) multiplied by the remaining  number
 13        of  years  served as either justice or judge or both, but in any event the
 14        total shall not be greater than seventy-five percent (75%) of the  current
 15        annual  compensation  of the highest office in which he served, payable in
 16        monthly installments on the first day of each month.
 17        (b)  On or after July 1, 2000, any person who is now serving or who  shall
 18        hereafter serve as a justice of the supreme court, a judge of the court of
 19        appeals,  or a district judge of a district court of this state may retire
 20        from office and be entitled to receive and to have paid from the  date  of
 21        his retirement until death, an annual retirement compensation based upon a
 22        percentage  of  the  current  annual compensation of the highest office in
 23        which he served. The percentage shall be equal to five percent (5%) multi-
 24        plied by the number of years served as either justice or judge or both for
 25        the first ten (10) years of service plus two and one-half percent (2 1/2%)
 26        multiplied by the remaining number of years served as  either  justice  or
 27        judge  or  both, plus two and one-half percent (2 1/2%) multiplied by five
 28        (5) years senior judge service but in any event the  total  shall  not  be
 29        greater than seventy-five percent (75%) of the current annual compensation
 30        of  the highest office in which he served, payable in monthly installments
 31        on the first day of each month.
 32        (c)  A justice or judge electing to retire under  paragraph  (b)  of  this
 33        subsection  shall serve as a senior judge, without compensation other than
 34        annual health benefits, for thirty-five (35) days per year for a period of
 35        five (5) years. A justice or judge who serves more than  thirty-five  (35)
 36        days  per  year  may  carry over the additional days to fulfill the senior
 37        judge service obligation in future years. The terms and conditions of such
 38        senior judge service shall be as  provided  under  section  1-2005,  Idaho
 39        Code.
 40        (d)  Upon  certification  from the chief justice that any justice or judge
 41        who retired under paragraph (b) of this subsection has failed  to  perform
 42        the senior judge services required under paragraph (c) of this subsection,
 43        and  has not been relieved of the obligations to perform those services in
 44        the manner provided by this subsection, the judges' retirement fund  shall
 45        recalculate  the retirement compensation benefits of the noncomplying jus-
 46        tice or judge under paragraph (a) of this subsection, and the noncomplying
 47        justice or judge shall thereafter receive only the recalculated amount.
 48        (e)  A justice or judge may be relieved of the senior judge service  obli-
 49        gation  imposed  by this subsection if he fails for good cause to complete
 50        the obligation. A retired justice or judge who is relieved of the  obliga-
 51        tion  to  serve as a senior judge shall continue to receive the retirement
 52        allowance provided under paragraph (b) of this subsection.
 53        (f)  "Good cause" includes, but is not limited to:
 54             (i)   Physical or mental incapacitation of a justice  or  judge  that
 55             prevents the justice or judge from discharging the duties of judicial
                                                                        
                                       3
                                                                        
  1             office;
  2             (ii)  Failure  of  the  supreme court to assign a senior judge to the
  3             requisite amount of senior judge service, whether because of insuffi-
  4             cient need for senior judges, a determination by  the  supreme  court
  5             that  the  skills  of  a  senior  judge do not match the needs of the
  6             courts, clerical mistake or otherwise; or
  7             (iii) Death of a senior judge.
  8        (g)  "Good cause" does not include:
  9             (i)   A senior judge's refusal, without good cause, to accept  senior
 10             judge assignments sufficient to meet the required amount; or
 11             (ii)  A  senior  judge's  affirmative  voluntary  act  that makes him
 12             unqualified to serve as a judge of this state including, but not lim-
 13             ited to, failure to maintain a residence within the state, commencing
 14             the practice of law other than as a mediator, arbitrator  or  similar
 15             alternative  dispute resolution function, acceptance of a position in
 16             another branch of state government or political subdivision,  or  the
 17             acceptance of a position in the government of the United States or of
 18             another state or nation.
 19        (h)  The  supreme court may make rules for the implementation of this sub-
 20        section.
 21        (3)  On or after July 1, 2000, each person  who  has  served  but  is  not
 22    receiving  benefits  or  who  is  now serving or who shall hereafter serve who
 23    shall leave office or retire as justice of the supreme  court,  judge  of  the
 24    court of appeals, or district judge of a district court in this state shall be
 25    eligible  to  receive an annual retirement compensation when such person shall
 26    meet one (1) of the following eligibility criteria:
 27        (a)  Attaining the age of sixty-five (65) years and having a minimum  ser-
 28        vice of four (4) years;
 29        (b)  Attaining the age of sixty (60) years and having a minimum service of
 30        ten (10) years;
 31        (c)  Attaining  the age of fifty-five (55) years and having a minimum ser-
 32        vice of fifteen (15) years; or
 33        (d)  At any age after twenty (20) years of service.
 34        (4)  On or after July 1, 2000, each justice or judge who is now serving or
 35    who shall hereafter be appointed or elected and who shall retire by reason  of
 36    disability  preventing  him  from  further  performance  of  the duties of his
 37    office, after a service in any or all of said courts  of  four  (4)  years  or
 38    more,  shall,  upon retirement, be entitled to receive and to have paid to him
 39    until death an annual retirement compensation equal to five  percent  (5%)  of
 40    the current annual compensation of the highest office in which he served, mul-
 41    tiplied  by the number of years served as either justice or judge or both, for
 42    the first ten (10) years of service, and equal to  two  and  one-half  percent
 43    (2 1/2%)  of the current annual compensation of the highest office in which he
 44    served, multiplied by the remaining number of years served as  either  justice
 45    or judge or both,  but such amount of annual retirement compensation shall not
 46    exceed  seventy-five  percent  (75%) of the current annual compensation of the
 47    highest office in which he served, payable  in  monthly  installments  on  the
 48    first day of each month.
 49        (5)  All  retirement compensation shall be paid out of the judges' retire-
 50    ment fund, provided however, that a justice or judge who has served less  than
 51    four  (4)  years  shall  be entitled to have refunded to him all contributions
 52    made by him to the judges' retirement fund,  with  six  and  one-half  percent
 53    (6 1/2%)  interest  computed  annually  but shall not be entitled to any other
 54    compensation from the fund.
 55        (6)  Notwithstanding any other provision of this section, any  person  who
                                                                        
                                       4
                                                                        
  1    makes  an election to remain in the public employee retirement system of Idaho
  2    as provided in section 1-2011,  Idaho  Code,  shall  not  participate  in  the
  3    judges'  retirement  fund  established  in this chapter, but shall continue to
  4    participate in the public employee retirement system of Idaho and be  governed
  5    under  the  provisions  of  that system, except as provided in section 1-2005,
  6    Idaho Code.
                                                                        
  7        SECTION 3.  That Chapter 20, Title 1, Idaho Code,  be,  and  the  same  is
  8    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  9    ignated as Section 1-2001b, Idaho Code, and to read as follows:
                                                                        
 10        1-2001b.  CONVERSION OF RETIREMENT COMPENSATION INTO  OPTIONAL  RETIREMENT
 11    ALLOWANCES  -- FORM OF OPTIONAL RETIREMENT. (1) The retirement compensation of
 12    a justice or judge who, at the time of retirement, so  elects  shall  be  con-
 13    verted into an optional retirement allowance which is the actuarial equivalent
 14    of  such retirement compensation to which the justice or judge would otherwise
 15    be entitled under section 1-2001, Idaho  Code,  including  the  value  of  the
 16    spousal benefit provided by section 1-2009, Idaho Code, provided the spouse is
 17    the  contingent  annuitant. The optional retirement allowance may take one (1)
 18    of the forms listed below and shall be in lieu of all other retirement compen-
 19    sation and benefits under this chapter, except the death benefit  provided  by
 20    section 1-2010, Idaho Code.
 21        (a)  Option  1  provides a reduced retirement allowance payable during the
 22        lifetime of the retired justice or judge, and a continuation thereafter of
 23        such reduced retirement allowance during the lifetime of  the  justice  or
 24        judge's named contingent annuitant.
 25        (b)  Option  2  provides a reduced retirement allowance payable during the
 26        lifetime of the retired justice or judge, and a continuation thereafter of
 27        one-half (1/2) of such reduced retirement allowance during the lifetime of
 28        the justice or judge's named contingent annuitant.
 29        (2)  Should the named contingent annuitant under option 1 or option 2 pre-
 30    decease a justice or judge, upon notification to the supreme court,  the  jus-
 31    tice  or  judge's benefit on the first day of the month following the death of
 32    the contingent annuitant will thereafter become an allowance calculated pursu-
 33    ant to section 1-2001, Idaho Code.
 34        (3)  Application for any optional retirement allowance shall be  in  writ-
 35    ing,  duly  executed  and filed with the supreme court. Such application shall
 36    contain all information required by the supreme court, including  such  proofs
 37    of age as are deemed necessary by the supreme court.
 38        (4)  A retirement option elected at the time of retirement as provided for
 39    in  this  section  may  not be changed except by written notice to the supreme
 40    court no later than five (5) business days after  the  receipt  of  the  first
 41    retirement allowance.
 42        (5)  Not  later  than one (1) year after the marriage of a retired justice
 43    or judge, the justice or judge may elect option 1 or 2 to become effective one
 44    (1) year after the date of such election,  provided  the  justice  or  judge's
 45    spouse is named as a contingent annuitant, and either:
 46        (a)  The justice or judge was not married at the time of retirement; or
 47        (b)  The  justice or judge earlier elected option 1 or 2, having named the
 48        justice or judge's spouse as contingent annuitant,  and  said  spouse  has
 49        died.
 50        (6)  Each  justice  or  judge receiving retirement compensation on July 1,
 51    2000, shall have a one-time irrevocable election to name a spouse as a contin-
 52    gent annuitant under subsection (1)(a) of this section.
                                                                        
                                       5
                                                                        
  1        SECTION 4.  That Section 1-2005, Idaho Code, be, and the  same  is  hereby
  2    repealed.
                                                                        
  3        SECTION  5.  That  Chapter  20,  Title  1, Idaho Code, be, and the same is
  4    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  5    ignated as Section 1-2005, Idaho Code, and to read as follows:
                                                                        
  6        1-2005.  SENIOR  JUDGE  -- ASSIGNMENT -- DUTIES AND POWERS -- COMPENSATION
  7    AND EXPENSES -- QUALIFICATIONS AND OATH. (1) A justice  or  judge  who  leaves
  8    office  or  retires  from  the  supreme  court, court of appeals or a district
  9    court, except a justice or judge  retired  under  the  provisions  of  section
 10    1-2001(4),  Idaho Code, may be designated a senior judge of the state of Idaho
 11    by the supreme court.
 12        (2)  Upon filing with the secretary of state an oath of office as a senior
 13    judge as prescribed in subsection (7) of this section, a senior judge is  eli-
 14    gible  for  temporary assignment by the supreme court to a state court as pro-
 15    vided in this subsection, whenever  the  supreme  court  determines  that  the
 16    assignment  is reasonably necessary and will promote the more efficient admin-
 17    istration of justice. A senior judge may sit as a district or magistrate judge
 18    of the district court of any county or may sit with the supreme court or court
 19    of appeals or may perform such other duties pertaining to the judicial depart-
 20    ment of government as may be requested.
 21        (3)  The assignment of a senior judge shall be  made  by  an  order  which
 22    shall  designate  the  court  or duties to which the judge is assigned and the
 23    duration of the assignment. Promptly after assignment of a senior judge  under
 24    this  section,  the supreme court shall cause a certified copy of the order to
 25    be sent to the senior judge and another certified copy to the court  to  which
 26    the judge is assigned.
 27        (4)  Each  senior  judge  assigned as provided in this section has all the
 28    judicial powers and duties, while serving under the assignment, of a regularly
 29    qualified judge of the court to which the senior judge is assigned.
 30        (5)  A senior judge assigned as provided in this section, other  than  one
 31    performing  services  required  by  section  1-2001(2)(b),  Idaho  Code, shall
 32    receive as compensation for each day the senior judge is actually  engaged  in
 33    the  performance of duties under the assignment an amount equal to eighty-five
 34    percent (85%) of the daily salary of the highest office in  which  the  senior
 35    judge  served.  However,  a  retired judge shall not receive for services as a
 36    senior judge during any calendar year a sum of money which when added  to  the
 37    amount  of  any  judicial  retirement pay received by the senior judge for the
 38    year exceeds the current annual salary of the  highest  office  in  which  the
 39    senior  judge  served.  Services  by  a  senior  judge under an assignment and
 40    receipt of compensation for services shall not reduce or otherwise affect  the
 41    amount  of  any  retirement  pay  to which the senior judge otherwise would be
 42    entitled. Such additional compensation above the retirement compensation bene-
 43    fits accruing to such senior judge shall be paid  from  the  general  fund  in
 44    accordance with appropriations provided by the legislature.
 45        (6)  A  senior  judge  assigned  to  a court located outside the county in
 46    which the senior judge regularly resides shall receive,  in  addition  to  any
 47    daily  compensation, reimbursement for traveling and subsistence expenses nec-
 48    essarily incurred in the performance  of  duties  under  the  assignment.  The
 49    expenses  shall  be  paid  upon  presentation  of an itemized statement of the
 50    expenses, certified by the senior judge to be correct.
 51        (7)  To be eligible for assignment, a senior judge must: maintain a  resi-
 52    dence  within  the  state;  not  engage in the practice of law other than as a
 53    mediator or arbitrator or similar alternate dispute resolution  function;  not
                                                                        
                                       6
                                                                        
  1    accept  a position in another branch of state government or any political sub-
  2    division; not accept a position in the government of the United States  or  of
  3    another  state  or  nation; and take, subscribe and file with the secretary of
  4    state, the following oath or affirmation:
  5        "I, ..............., do solemnly swear (or affirm, as  the  case  may
  6        be)  that as a senior judge of the state of Idaho, I will support the
  7        Constitution of the United States and the Constitution of  the  State
  8        of  Idaho,  and that upon hereafter accepting any assignment to serve
  9        as a judge of a court of this state I will faithfully  discharge  the
 10        duties thereof to the best of my ability.".
 11        (8)  Except as provided in section 1-2001(2)(b), Idaho Code, any period of
 12    service  rendered by a senior judge shall not in any way be computed for addi-
 13    tional retirement benefits, and the state  controller  shall  not  receive  or
 14    deduct  any  sum  for transfer to the judges' retirement fund or to the public
 15    employee retirement system of Idaho.
                                                                        
 16        SECTION 6.  That Section 1-2009, Idaho Code, be, and the  same  is  hereby
 17    amended to read as follows:
                                                                        
 18        1-2009.  BENEFIT  TO SURVIVING SPOUSE OF JUSTICE OR JUDGE. The legislature
 19    hereby finds and declares that the payment  of  allowances  to  the  surviving
 20    spouses of justices of the Ssupreme Ccourt, judges of the court of appeals and
 21    district judges of the district court of the state of Idaho, serves the public
 22    purpose  of promoting the public welfare by encouraging experienced jurists to
 23    continue their service and that their continued service  and  increased  effi-
 24    ciency  will  be  secured  in the expectation that the legislature will fairly
 25    provide for their surviving spouses,  and  that  such  continued  service  and
 26    increased  efficiency  of  such  jurists, secure in this knowledge, will be of
 27    substantial benefit to the state.
 28        The surviving spouse, of any justice or judge entitled to  benefits  under
 29    this  chapter  who  dies  on or after July 1, 1965, shall receive an allowance
 30    from the judges' retirement fund, payable monthly,  and  as  hereinafter  pro-
 31    vided.
 32        (a)  In  the  case of a justice or judge receiving retirement compensation
 33    at the time of death, allowance to his surviving spouse shall commence immedi-
 34    ately and be payable to such spouse from such  fund  in  an  amount  equal  to
 35    thirty per cent fifty percent (350%) of the retirement compensation being paid
 36    to  which  such  justice  or  judge would be entitled under section 1-2001(2),
 37    Idaho Code.
 38        (b)  In the case of a justice or judge under the age  of  sixty-five  (65)
 39    years who has service as a justice of the supreme court, judge of the court of
 40    appeals  or  district  judge  of  four  (4) years or more and is not receiving
 41    retirement compensation at the time of death, commencing immediately, the sur-
 42    viving spouse shall be paid an allowance from  such  fund  in  the  amount  of
 43    thirty  per  cent fifty percent (350%) of the retirement compensation to which
 44    the justice or judge would have been entitled if then of the age of sixty-five
 45    (65) years under section 1-2001(2)(a), Idaho Code, as if the justice or  judge
 46    was eligible to retire and had retired immediately before his death.
 47        (c)  In  the  case  of  a justice or judge of age sixty-five (65) years or
 48    older and not receiving retirement compensation at the time of death, commenc-
 49    ing immediately, his surviving spouse shall receive an allowance payable  from
 50    the fund in an amount equal to thirty per cent (30%) of the retirement compen-
 51    sation to which the justice or judge would have been entitled if then retired.
 52        (d)  Each  justice  or judge who serves or has served in office may at any
 53    time prior to receiving retirement compensation file a written  election  with
                                                                        
                                       7
                                                                        
  1    the  Supreme  Court to receive a reduced retirement compensation in the amount
  2    of eighty-five per cent (85%) of the retirement compensation to which the jus-
  3    tice or judge would have been  entitled,  and  the  justice  or  judge  having
  4    elected  to  receive  the  lesser  retirement compensation, at the time of the
  5    justice's or judge's death, the allowance to a surviving spouse shall commence
  6    immediately and be payable to such spouse from such fund in an amount equal to
  7    fifty per cent (50%) of the retirement compensation to which  the  justice  or
  8    judge  would have been entitled prior to electing a reduced retirement compen-
  9    sation.
 10        (e)  The allowance to the surviving spouse shall be based upon the current
 11    annual compensation of the office held by the deceased justice  or  judge,  as
 12    distinguished  from  the  salary of the office at the time of death or retire-
 13    ment. The allowance shall be paid until the death of the surviving spouse.
 14        (d)  The surviving spouse of a justice or judge who is not receiving bene-
 15    fits from the judges' retirement fund at the time of the justice's or  judge's
 16    death  may elect to take an optional retirement allowance as a surviving annu-
 17    itant under option 1 of  section  1-2001b(1)(a),  Idaho  Code.  Such  optional
 18    retirement allowance shall be calculated as if the justice or judge was eligi-
 19    ble to retire and had retired immediately before his death.
                                                                        
 20        SECTION  7.  That  Section  1-2010, Idaho Code, be, and the same is hereby
 21    amended to read as follows:
                                                                        
 22        1-2010.  DEATH BENEFIT. (1) The death benefit of  a  deceased  justice  or
 23    judge is the excess, if any, of the justice's or judge's accumulated contribu-
 24    tions  to  the judges' retirement fund, including accrued interest at the rate
 25    provided in section 1-2001(5), Idaho Code, over the aggregate of  all  retire-
 26    ment compensation payments and allowances ever made to the justice, judge,  or
 27    spouse or annuitant from the judges' retirement fund.
 28        (2)  The  death  benefit is payable, and all other retirement compensation
 29    benefits and allowances shall cease, upon the death of the justice, judge,  or
 30    spouse or annuitant receiving a retirement compensation or allowance.
 31        (3)  The  death benefit shall be paid to the beneficiary named by the jus-
 32    tice or judge in a  written  designation  of  beneficiary  on  file  with  the
 33    Ssupreme  Ccourt if the beneficiary is surviving at the time the death benefit
 34    is payable; otherwise the death benefit shall be paid to  the  estate  of  the
 35    deceased  justice  or  judge  for  distribution in accordance with the laws of
 36    descent and distribution of the state of Idaho as they may then be in effect.
                                                                        
 37        SECTION 8.  That Section 1-2221, Idaho Code, be, and the  same  is  hereby
 38    repealed.
                                                                        
 39        SECTION  9.  That  Chapter  22,  Title  1, Idaho Code, be, and the same is
 40    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 41    ignated as Section 1-2221, Idaho Code, and to read as follows:
                                                                        
 42        1-2221.  SENIOR  JUDGE  -- ASSIGNMENT -- DUTIES AND POWERS -- COMPENSATION
 43    AND EXPENSES -- QUALIFICATIONS AND OATH. (1) A  magistrate  judge  who  leaves
 44    office  or retires from the magistrates division of a district court, except a
 45    magistrate judge retired under the provisions of section 59-1352, Idaho  Code,
 46    may be designated a senior judge of the state of Idaho by the supreme court.
 47        (2)  Upon filing with the secretary of state an oath of office as a senior
 48    judge  as prescribed in subsection (7) of this section, a senior judge is eli-
 49    gible for temporary assignment, with the consent of the senior judge,  by  the
 50    supreme  court  to  a state court as provided in this subsection, whenever the
                                                                        
                                       8
                                                                        
  1    supreme court determines that the assignment is reasonably necessary and  will
  2    promote  the  more efficient administration of justice. A senior judge may sit
  3    as a judge of the district court of any county or may  sit  with  the  supreme
  4    court  or  court of appeals or may perform such other duties pertaining to the
  5    judicial department of government as may be requested.
  6        (3)  The assignment of a senior judge shall be  made  by  an  order  which
  7    shall  designate the court or duties to which the senior judge is assigned and
  8    the duration of the assignment. Promptly after assignment of  a  senior  judge
  9    under  this  section,  the  supreme  court shall cause a certified copy of the
 10    order to be sent to the senior judge and another certified copy to  the  court
 11    to which the senior judge is assigned.
 12        (4)  Each  senior  judge  assigned as provided in this section has all the
 13    judicial powers and duties, while serving under the assignment, of a regularly
 14    qualified judge of the court to which the senior judge is assigned.
 15        (5)  A senior judge assigned as provided in this section shall receive  as
 16    compensation  for each day the senior judge is actually engaged in the perfor-
 17    mance of duties under the assignment an amount equal  to  eighty-five  percent
 18    (85%)  of  the  daily salary of an active magistrate judge. However, a retired
 19    magistrate judge shall not receive for services as a senior judge  during  any
 20    calendar  year  a  sum of money which when added to the amount of any judicial
 21    retirement pay received by the senior judge for the year exceeds  the  current
 22    annual  salary of an active magistrate judge. Services by a senior judge under
 23    an assignment and receipt of compensation for services  shall  not  reduce  or
 24    otherwise  affect  the  amount of any retirement pay to which the senior judge
 25    otherwise would be entitled. Such additional compensation above the retirement
 26    compensation benefits accruing to such senior judge shall  be  paid  from  the
 27    general fund in accordance with appropriations provided by the legislature.
 28        (6)  A  senior  judge  assigned  to  a court located outside the county in
 29    which the senior judge regularly resides shall receive,  in  addition  to  any
 30    daily  compensation, reimbursement for traveling and subsistence expenses nec-
 31    essarily incurred in the performance  of  duties  under  the  assignment.  The
 32    expenses  shall  be  paid  upon  presentation  of an itemized statement of the
 33    expenses, certified by the senior judge to be correct.
 34        (7)  To be eligible for assignment, a senior judge must: maintain a  resi-
 35    dence  within  the  state;  not  engage in the practice of law other than as a
 36    mediator or arbitrator or similar alternate dispute resolution  function;  not
 37    accept  a position in another branch of state government or any political sub-
 38    division; not accept a position in the government of the United States  or  of
 39    another  state  or  nation; and take, subscribe and file with the secretary of
 40    state, the following oath or affirmation:
 41        "I, ..............., do solemnly swear (or affirm, as  the  case  may
 42        be)  that as a senior judge of the state of Idaho, I will support the
 43        Constitution of the United States and the Constitution of  the  State
 44        of  Idaho,  and that upon hereafter accepting any assignment to serve
 45        as a senior judge of a court of this state  I  will  faithfully  dis-
 46        charge the duties thereof to the best of my ability.".
 47        (8)  Any period of service rendered by a senior judge shall not in any way
 48    be computed for additional retirement benefits, and the state controller shall
 49    not  receive  or deduct any sum for transfer to the public employee retirement
 50    system of Idaho.
                                                                        
 51        SECTION 10.  That Section 67-5339, Idaho Code, be, and the same is  hereby
 52    amended to read as follows:
                                                                        
 53        67-5339.  USE OF UNUSED SICK LEAVE. (1) Upon separation from state employ-
                                                                        
                                       9
                                                                        
  1    ment by retirement in accordance with chapter 13, title 59 or chapter 1, title
  2    33,  Idaho  Code, an employee's unused sick leave shall be determined based on
  3    accumulated sick leave earned  subsequent  to  July  1,  1976,  and  shall  be
  4    reported  by the employer to the public employee retirement system. Upon sepa-
  5    ration from state employment by retirement  in  accordance  with  chapter  20,
  6    title 1, Idaho Code, an employee's unused sick leave shall be determined based
  7    on  accumulated  sick  leave  earned  subsequent to July 1, 2000, and shall be
  8    reported by the employer to the public employee retirement system. A sum equal
  9    to one-half (1/2), or the maximum amount allowed by  subsection  (2)  of  this
 10    section,  whichever  is  the lesser, of the monetary value of such unused sick
 11    leave, calculated at the rate of pay for such employee at the time of  retire-
 12    ment,  shall be transferred from the sick leave account provided by subsection
 13    (3) of this section and  shall  be  credited  to  such  employee's  retirement
 14    account. Such sums shall be used by the Idaho public employee retirement board
 15    to  pay  premiums for such group health, accident, and life insurance programs
 16    as may be maintained by the state, to the extent of the funds credited to  the
 17    employee's  account  pursuant  to  this section. Upon an employee's death, any
 18    unexpended sums remaining in the  account  shall  revert  to  the  sick  leave
 19    account.
 20        (2)  For  the  purposes  of  determining the monetary value of unused sick
 21    leave, the maximum unused sick leave which may be considered, shall be:
 22        (a)  During the first ten thousand four hundred (10,400) hours of credited
 23        state service, the maximum unused sick leave which may be considered shall
 24        be two hundred forty (240) hours;
 25        (b)  During the second ten thousand four hundred (10,400) hours  of  cred-
 26        ited  state service, the maximum unused sick leave which may be considered
 27        shall be three hundred (300) hours;
 28        (c)  During the third ten thousand four hundred (10,400) hours of credited
 29        state service, the maximum unused sick leave which may be considered shall
 30        be three hundred sixty (360) hours; and
 31        (d)  Thereafter, the maximum unused sick leave  which  may  be  considered
 32        shall be four hundred twenty (420) hours.
 33        (3)  Each  employer  in  state government shall contribute to a sick leave
 34    account maintained by the public employee retirement  system  exclusively  for
 35    the  purpose  of the provisions of this section. The rate of such contribution
 36    each pay period shall consist of a percentage of employees' salaries as deter-
 37    mined by the board, and such rate shall remain in effect until next determined
 38    by the board. Any excess balance in the sick leave account shall be  invested,
 39    and  the  earnings therefrom shall accrue to the sick leave account except the
 40    amount required by the board to defray  administrative  expenses.  All  moneys
 41    payable  to  the sick leave account are hereby perpetually appropriated to the
 42    board, and shall not be included in its departmental budget. The state  insur-
 43    ance  fund  and public health districts shall be considered employers in state
 44    government for purposes of participation under this section.

Statement of Purpose / Fiscal Impact


                STATEMENT OF PURPOSE 
                      RS 10080C1
     
          This bill relates to the judges retirement system established by Chapter 20,
     Title 1, Idaho Code, which provides retirement benefits for Supreme Court
     justices, Court of Appeals judges, and district judges. 
          Following a study of the present system, which included a survey of other
     judicial retirement systems in the United States, this legislation proposes changes
     to the Idaho system which are designed to attract the most qualified candidates to
     judicial office, and to ease the general fund cost in providing part-time "pro tem"
     judges to help meet the state's burgeoning caseload. 
          These changes include new retirement eligibility and compensation criteria
     based on age and years of service, an increase to the limit on the maximum
     retirement compensation that may be earned by a judge, new provisions for
     converting the payout of retirement compensation into optional annuity
     allowances, an option to increase retirement compensation in exchange for a
     commitment to provide 35 days of pro tem service annually for a period of five
     (5) years without compensation, and a provision which provides a full surviving
     spouse benefit without a reduction in the retirement compensation earned by the
     judge. 
          This bill also creates new standards for the selection and compensation of
     retired justices and judges who are temporarily assigned to hear cases by the
     Supreme Court and provides a retiring judge with a credit equal to .0065 of
     unused accumulated sick leave earned after July 1, 2000, towards the cost of state
     insurance benefits. This credit is similar to the credit afforded other state
     employees under the PERSI system. 
     
     
                    FISCAL IMPACT 
     
          The fiscal impact to the state general fund to increase the compensation
     rate of senior "pro tem" judges and to provide judges' credit for accumulated
     unused sick leave at retirement is $85,800 each fiscal year. The savings to the
     general fund for each judge who commits to five (5) years of pro tem service, 
     which will be funded by the judges retirement fund, is $10,220 per year. It is also
     anticipated that the enhancements of this bill will lessen the need for additional
     judgeships to address the state's increasing caseloads. The cost to the general fund
     for each new district judge is $105,300 in addition to courtroom and support
     service costs provided by the counties. 
          Based upon an independent actuarial study of the amendments proposed
     by this bill, the estimated cost to the judges retirement fund to change the
     retirement eligibility requirements, increase the retirement compensation of
     current and retired judges, fund the cost of additional five (5) years pro tem
     service by senior judges, provide a full surviving spouse benefit allowance
     without a reduction in the earned retirement compensation of the judge, and
     provide an optional annuity allowance for the payment of retirement
     compensation, is $14,327,400.
          Current judges retirement fund assets are more than sufficient to safely
     pay these costs plus one standard deviation.
     
     
     
     
     
     Contact
               Name:     Rep. Celia Gould
     Phone: 208-332-1000
     
     
     
                                                       STATEMENT OF PURPOSE/FISCAL NOTE                  H 76