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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
H0760|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN 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 theSsupremeCcourt, 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 35thirty per centfifty percent (350%) of the retirement compensationbeing paid36 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 judgeunder the age of sixty-five (65)39yearswho 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 43thirty per centfifty percent (350%) of the retirement compensation to which 44 the justice or judge would have been entitledif then of the age of sixty-five45(65) yearsunder 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 or48older and not receiving retirement compensation at the time of death, commenc-49ing immediately, his surviving spouse shall receive an allowance payable from50the fund in an amount equal to thirty per cent (30%) of the retirement compen-51sation 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 any53time prior to receiving retirement compensation file a written election with7 1the Supreme Court to receive a reduced retirement compensation in the amount2of eighty-five per cent (85%) of the retirement compensation to which the jus-3tice or judge would have been entitled, and the justice or judge having4elected to receive the lesser retirement compensation, at the time of the5justice's or judge's death, the allowance to a surviving spouse shall commence6immediately and be payable to such spouse from such fund in an amount equal to7fifty per cent (50%) of the retirement compensation to which the justice or8judge would have been entitled prior to electing a reduced retirement compen-9sation.10(e) The allowance to the surviving spouse shall be based upon the current11annual compensation of the office held by the deceased justice or judge, as12distinguished from the salary of the office at the time of death or retire-13ment.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,or27 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,or30 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 33SsupremeCcourt 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 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