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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 - 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
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