AB4_EN

Assembly Bill No. 4–Joint Rules Committee

CHAPTER..........

AN ACT relating to the judiciary; establishing a judicial retirement system for certain justices of the supreme court and district court judges; providing a penalty; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Title 1 of NRS is hereby amended by adding thereto a new

chapter to consist of the provisions set forth as sections 2 to 68, inclusive,

of this act.

Sec. 2. As used in this chapter, unless the context otherwise

requires, the words and terms defined in sections 3 to 10, inclusive, of

this act have the meanings ascribed to them in those sections.

Sec. 3. “Board” means the public employees’ retirement board.

Sec. 4. 1. “Compensation” means the salary paid to a justice of the

supreme court or district judge by this state including:

(a) Base pay, which is the monthly rate of pay excluding all fringe

benefits;

(b) Additional payment for longevity; and

this state to include such pay in the employment contract or official job

description for the calendar year in which it is paid and such pay is

specifically included in the justice’s or judge’s employment contract or

official job description.

2. The term does not include any type of payment not specifically

described in this section.

Sec. 5. “Disability retirement allowance” means monthly payments

from the judicial retirement fund paid to disabled retired justices of the

supreme court or district judges pursuant to the judicial retirement plan.

Sec. 6. “Judicial retirement plan” means the retirement plan

established pursuant to section 25 of this act.

Sec. 7. “Retired justice or judge” means a justice of the supreme

court or district judge who was a member of the judicial retirement plan

at the time he retired or who decides, pursuant to section 23 or 24 of this

act, to receive benefits for retirement pursuant to the judicial retirement

plan.

Sec. 8. “Service” means all creditable employment which is

validated pursuant to the provisions of this chapter and can be used in

determining eligibility and scope of benefits for justices of the supreme

court or district judges pursuant to the judicial retirement plan.

Sec. 9. “Service retirement allowance” means monthly payments

from the judicial retirement fund paid to a retired justice of the supreme

court or district judge pursuant to the judicial retirement plan for the

remainder of his life.

Sec. 10. “System” means the judicial retirement system established

pursuant to this chapter.

Sec. 11. 1. A system of retirement providing benefits for the

retirement, disability or death of all justices of the supreme court and

district judges and funded on an actuarial reserve basis is hereby

established and must be known as the judicial retirement system.

2. The system consists of the judicial retirement plan and the

provisions set forth in NRS 2.060 to 2.075, inclusive, and section 70 of

this act and NRS 3.090 to 3.097, inclusive, and section 75 of this act for

providing benefits to justices of the supreme court or district judges who

served either as a justice of the supreme court or district judge before

November 5, 2002. Each justice of the supreme court or district judge

who is not a member of the public employees’ retirement system is a

member of the system.

3. The official correspondence and records, other than the files of

individual members of the system or retired justices or judges, and the

minutes and books of the system are public records and are available for

public inspection.

4. The system must be administered exclusively by the board, which

shall make all necessary rules and regulations for the administration of

the system. The rules must include, without limitation, rules relating to

the administration of the retirement plans in accordance with federal

law. The legislature shall regularly review the system.

Sec. 12. All records maintained for a member of the system, retired

justice or judge, justice or judge who retired pursuant to NRS 2.060 to

2.075, inclusive, and section 70 of this act, or pursuant to NRS 3.090 to

3.097, inclusive, and section 75 of this act, or his beneficiary may be

reviewed and copied only by the system, the member, the court

administrator, the spouse of the member, or the retired justice or judge

or his spouse, or pursuant to a court order, or by a beneficiary after the

death of the justice or judge on whose account benefits are received

pursuant to the system. Any member, retired justice or judge, justice or

judge who retired pursuant to NRS 2.060 to 2.075, inclusive, and section

70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section

75 of this act, or beneficiary may submit a written waiver to the system

authorizing his representative to review or copy all such records.

Sec. 13. 1. The judicial retirement fund is hereby established as a

trust fund.

2. It is hereby declared to be the policy of the legislature that the

judicial retirement fund is established to afford a degree of security to

long-time justices of the supreme court and district judges in this state.

The money in the fund must not be used or appropriated for any purpose

incompatible with the provisions of this chapter or NRS 2.060 to 2.075,

inclusive, and section 70 of this act, or NRS 3.090 to 3.097, inclusive,

and section 75 of this act. The fund must be invested and administered to

ensure the highest return consistent with safety in accordance with

accepted investment practices.

3. All money appropriated by the legislature to the judicial retirement

fund, all money submitted to the system for deposit in the fund pursuant

to section 14 of this act and all income accruing to the fund from all

other sources must be deposited in the fund.

4. The interest and income earned on the money in the judicial

retirement fund, after deducting any applicable charges, must be credited

to the fund.

5. The system must pay all retirement allowances, benefits, optional

settlements and other obligations or payments payable by the system

pursuant to this chapter and NRS 2.060 to 2.075, inclusive, and section

70 of this act and NRS 3.090 to 3.097, inclusive, and section 75 of this

act from the judicial retirement fund. The money in the fund must be

expended by the board for the payment of expenses authorized by law to

be paid from the fund.

Sec. 14. 1. Beginning July 1, 2003, the court administrator shall

submit to the system for deposit in the judicial retirement fund on behalf

of each member of the system the percentage of compensation of the

member that is determined by the actuary of the system to be required to

pay the normal cost incurred in making payments pursuant to

subsection 5 of section 13 of this act and any administrative expenses of

the system. Such payments must be:

(a) Accompanied by payroll reports that include information deemed

necessary by the board to carry out its duties; and

(b) Received by the system not later than 15 days after the calendar

month for which the compensation and service credits of members of the

system are reported and certified by the court administrator. The

compensation must be reported separately for each month that it is paid.

2. Beginning July 1, 2003, the court administrator shall pay to the

system for deposit in the judicial retirement fund from any fund created

for the purpose of paying pension benefits to justices of the supreme

court or district judges an amount as the contribution of the State of

Nevada as employer which is actuarially determined to be sufficient to

provide the system with enough money to pay all benefits for which the

system will be liable.

Sec. 15. 1. The board shall establish a fund known as the judicial

retirement administrative fund in which must be deposited all

administrative fees.

2. The board shall fix an administrative fee per capita sufficient to

pay the expense of operating the judicial retirement system.

Sec. 16. 1. The board may establish a fund to pay the accrued

benefits of a member of the system that are not payable because of the

limitations set forth in section 27 of this act. The fund must be

established in accordance with the provisions of section 415(m) of the

Internal Revenue Code, 26 U.S.C. § 415(m), and must be separate from

the judicial retirement fund.

2. If the board establishes a fund pursuant to subsection 1, the

benefits that are required to be paid from the fund must be paid from

money in the fund.

Sec. 17. The board has the exclusive control of the administration

and investment of the judicial retirement fund, with the same powers

and duties and subject to the same limitations and restrictions that are

applicable to the administration and investment of the public employees’

retirement fund.

Sec. 18. Except as specifically provided in this chapter, the accounts

of members of the system and recipients of benefits of the system must be

administered in accordance with the provisions of chapter 286 of NRS

as if the justice of the supreme court or the district judge were or had

been a member of the public employees’ retirement system.

Sec. 19. 1. The board shall not change the actuarial assumptions

used in computing the benefits provided to a member of the system.

2. The board shall make available to every member of the system

upon request the actuarial assumptions used in computing the benefits

provided to a member of the system.

Sec. 20. 1. The board, subject to the limitations of this chapter, is

responsible for managing the system.

2. The board shall:

(a) Arrange for a biennial actuarial valuation and report of the

actuarial soundness of the system to be prepared by an independent

actuary based upon data compiled and supplied by employees of the

system, and shall adopt actuarial tables and formula prepared and

recommended by the actuary;

(b) Provide for a biennial audit of the system, including, without

limitation, the judicial retirement administrative fund, by an

independent certified public accountant; and

system established pursuant to this chapter to the court administrator,

the governor and each member of the legislature, and make the report

available to all members of the judicial retirement system upon request.

The report must contain, when available, a review of the actuarial

valuation required by paragraph (a).

3. The board may:

(a) Adjust the service or correct the records, allowance or benefits of

any member of the system, retired justice or judge or beneficiary after an

error or inequity has been determined, and require repayment of any

money determined to have been paid by the system in error, if the money

was paid within 6 years before demand for its repayment.

(b) Examine and copy personnel and financial records of a justice of

the supreme court or district judge that are maintained by the court

administrator.

judge or beneficiary that he is in fact receiving an allowance or benefits,

and withhold the allowance or benefits if he fails to provide the

statement.

4. As used in this section, “error or inequity” means the existence of

extenuating circumstances, including, without limitation, a member’s

reasonable and detrimental reliance on representations made by the

system which prove to be erroneous, or the mental incapacity of the

member.

Sec. 21. 1. No person may become a member of the judicial

retirement system unless he is a justice of the supreme court or a district

judge.

2. Except as otherwise provided in section 32 of this act, persons

retired under the provisions of this chapter who are employed as a

justice

of the supreme court or district judge in any judicial capacity, including,

without limitation, employment as a senior justice or senior judge of the

Nevada court system, are not eligible to become members of the system.

Sec. 22. 1. Membership of a justice of the supreme court or a

district judge in the system terminates upon:

(a) The death of a member;

(b) Receipt of retirement allowances by a member of the judicial

retirement plan or retirement benefits pursuant to NRS 2.060 to 2.075,

inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097,

inclusive, and section 75 of this act; or

retirement plan or disability benefits pursuant to NRS 2.060 to 2.075,

inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097,

inclusive, and section 75 of this act.

2. A retired justice or judge is not entitled to any right conferred by

this chapter upon a member of the system unless the provision

conferring that right expressly states that it is conferred upon a retired

justice or judge.

3. A justice or judge who retired pursuant to NRS 2.060 to 2.075,

inclusive, and section 70 of this act, or pursuant to NRS 3.090 to 3.097,

inclusive, and section 75 of this act, is not entitled to any right conferred

by this chapter upon a member of the system unless the provision

conferring that right expressly states that it is conferred upon a justice

or judge who retired pursuant to NRS 2.060 to 2.075, inclusive, and

section 70 of this act, or pursuant to NRS 3.090 to 3.097, inclusive, and

section 75 of this act.

Sec. 23. 1. Each justice of the supreme court or district judge who

is elected or appointed as a justice of the supreme court or a district

judge on or after November 5, 2002, who takes office on or after

January 1, 2003, and who previously has not served as either a justice of

the supreme court or a district judge must receive benefits for

retirement, benefits for disability and survivor benefits under the judicial

retirement plan, if eligible to receive such benefits under the judicial

retirement plan, unless he is a member of the public employees’

retirement system and elects to remain a member pursuant to section 24

of this act if eligible to do so.

2. Each justice of the supreme court or district judge who is elected

or appointed as a justice of the supreme court or district judge on or

after November 5, 2002, and who previously has served as either a

justice of the supreme court or a district judge must receive benefits for

retirement, benefits for disability and survivor benefits pursuant to

either:

(a) NRS 2.060 to 2.075, inclusive, and section 70 of this act or NRS

3.090 to 3.097, inclusive, and section 75 of this act, as those sections

existed on November 5, 2002, if eligible to receive such benefits under

such provisions; or

(b) The judicial retirement plan, if eligible to receive such benefits

under the judicial retirement plan,

whichever is most beneficial to the justice or judge or his survivor, as

determined by the justice or judge at the time of his retirement or the

time at which he becomes disabled, or as determined by his survivor at

the time of his death, unless he is a member of the public employees’

retirement system and elects to remain a member pursuant to section 24

of this act if eligible to do so. A survivor may not change a determination

that affects the survivor and which was made by a justice or judge

pursuant to this section while the justice or judge was alive.

3. A determination made pursuant to subsection 2 is final and if a

justice or judge or his survivor determines pursuant to subsection 2:

(a) To receive benefits pursuant to the judicial retirement plan, the

justice, judge or survivor may not receive benefits pursuant to NRS

2.060 to 2.075, inclusive, and section 70 of this act or pursuant to NRS

3.090 to 3.097, inclusive, and section 75 of this act; or

(b) To receive benefits pursuant to NRS 2.060 to 2.075, inclusive, and

section 70 of this act or pursuant to NRS 3.090 to 3.097, inclusive, and

section 75 of this act, the justice, judge or survivor may not receive

benefits pursuant to the judicial retirement plan.

4. No justice of the supreme court or district judge or survivor of a

justice of the supreme court or district judge may receive benefits under

both this chapter and:

(a) NRS 2.060 to 2.075, inclusive, and section 70 of this act; or

(b) NRS 3.090 to 3.097, inclusive, and section 75 of this act.

5. A justice of the supreme court or district judge or a survivor of a

justice of the supreme court or district judge who is receiving retirement

allowances pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of

this act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of

this act, on January 1, 2003, is not eligible for transfer to the judicial

retirement plan.

Sec. 24. 1. A person who is elected or appointed as a justice of the

supreme court or district judge on or after November 5, 2002, and takes

office on or after January 1, 2003, who is a member of the public

employees’ retirement system established pursuant to chapter 286 of

NRS on the date that he is elected or appointed may withdraw from the

public employees’ retirement system and become a member of the

judicial retirement plan if he gives written notice to the board of his

intention to withdraw from the public employees’ retirement system and

to become a member of the judicial retirement plan. Such notice must be

given to the board within the time set forth in subsection 3 and must be

given the first time that the justice or judge is elected or appointed while

he is a member of the public employees’ retirement system.

2. A justice or judge may not become a member of the judicial

retirement plan pursuant to subsection 1 if he has previously been

elected or appointed on or after November 5, 2002, and taken office on

or after January 1, 2003, while he was a member of the public

employees’ retirement system and he did not give notice of his intention

to withdraw from the public employees’ retirement system and to become

a member of the judicial retirement plan in the manner set forth in this

section.

3. Written notice given pursuant to subsection 1 must be received by

the board:

(a) If the justice or judge is elected, by March 31 of the year

immediately following the year in which he was elected; or

(b) If the justice or judge is appointed, within 90 days after his

appointment.

4. If the board receives notice pursuant to this section that a justice

or judge intends to withdraw from the public employees’ retirement

system, it shall transfer from the public employees’ retirement fund to

the judicial retirement plan the accrued actuarial liability and credit for

service earned by the justice or judge while a member of the public

employees’ retirement system as determined by an actuary of the judicial

retirement system. The service so transferred must be accredited under

the judicial retirement plan as if performed in the public employees’

retirement system.

5. A justice or judge who exercises the option granted by this section

may not reestablish the service for which the liabilities were transferred.

6. No justice of the supreme court or district judge or survivor of a

justice of the supreme court or district judge may receive benefits under

both this chapter and chapter 286 of NRS.

7. A justice of the supreme court or district judge or survivor of a

justice of the supreme court or district judge who is receiving a

retirement allowance from the public employees’ retirement system on

January 1, 2003, is not eligible for transfer to the judicial retirement

plan.

Sec. 25. 1. A plan under which all justices of the supreme court

and district judges who are elected or appointed for the first time as

either a justice of the supreme court or district judge on or after

November 5, 2002, and who take office on or after January 1, 2003, and

who do not elect to remain in the public employees’ retirement system, if

eligible to do so, must receive benefits for retirement, disability and

death is hereby established and must be known as the judicial retirement

plan.

2. Each justice of the supreme court or district judge elected or

appointed for the first time as either a justice of the supreme court or

district judge on or after November 5, 2002, and who takes office on or

after January 1, 2003, and who does not elect pursuant to section 24 of

this act to remain in the public employees’ retirement system, if eligible

to do so, is a member of the judicial retirement plan.

3. Benefits are earned pursuant to the judicial retirement plan in the

manner set forth in sections 26 to 68, inclusive, of this act.

Sec. 26. Except as otherwise required as a result of section 27 of this

act:

1. A member of the judicial retirement plan who has 5 years of

creditable service may, except as otherwise provided in subsection 2,

purchase up to 5 years of service. The member must pay the full

actuarial cost of the service as determined by an actuary of the system.

2. A justice or judge may purchase creditable service pursuant to

subsection 1 only if, at the time of the purchase, he is employed in a

position whose occupant is eligible for membership in the judicial

retirement plan.

3. A member of the judicial retirement plan may use:

(a) All or any portion of the balance of his interest in a qualified trust

pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. §

401(a); or

(b) The money contained in an individual retirement account or in an

individual retirement annuity of a member, the entire amount of which

is:

(1) Attributable to a qualified distribution from a qualified trust

pursuant to section 401(a) of the Internal Revenue Code, 26 U.S.C. §

401(a); and

(2) Qualified as an eligible rollover distribution pursuant to section

402 of the Internal Revenue Code, 26 U.S.C. § 402,

to purchase creditable service pursuant to subsection 1.

4. If a member of the judicial retirement plan enters into an

agreement whereby he agrees to pay for the purchase of service credit in

installments and he defaults on that agreement, the member is entitled to

receive service credit in the proportion that the principal paid bears to

the principal due under the agreement.

Sec. 27. Notwithstanding any other provision of law, the benefits

payable to and the contributions made for the benefit of a member of the

judicial retirement plan are limited pursuant to the provisions of sections

415(b) and 415(c) of the Internal Revenue Code, 26 U.S.C. §§ 415(b)

and 415(c), that apply to governmental plans.

Sec. 28. Service credit for a member of the judicial retirement plan

begins on the day his term of office begins and terminates on the day his

term of office expires, unless sooner terminated on the day of his death,

resignation or removal from office.

Sec. 29. Except as otherwise provided in this chapter, a member of

the judicial retirement plan must not receive credit in the plan for

service that entitled the member to credit for retirement purposes in any

other retirement system operated by the federal or a state government, or

any of their agencies or political subdivisions, including, without

limitation, the Social Security Act.

Sec. 30. 1. A member of the judicial retirement plan is eligible to

retire at the age of 65 years if he has at least 5 years of service, at the age

of 60 years if he has at least 10 years of service and at any age if he has

at least 30 years of service.

2. Any member of the judicial retirement plan who has the years of

creditable service necessary to retire, but has not attained the required

age, if any, may retire at any age with a benefit actuarially reduced to

the required retirement age. Except as otherwise required as a result of

section 27 of this act, a retirement benefit pursuant to this subsection

must be reduced by 4 percent of the unmodified benefit for each full year

that the member is under the appropriate retirement age, and an

additional 0.33 percent for each additional month that the member is

under the appropriate retirement age. Any option selected pursuant to

this subsection must be reduced by an amount proportionate to the

reduction provided in this subsection for the unmodified benefit. The

board may adjust the actuarial reduction based upon an experience

study of the system and recommendation by the actuary.

Sec. 31. 1. Except as otherwise provided in subsection 4 and

sections 32 and 33 of this act, if a retired justice or judge accepts

employment as a justice of the supreme court or district judge in any

judicial capacity, including, without limitation, employment as a senior

justice or senior judge of the Nevada court system, he is disqualified from

receiving any allowances under the judicial retirement plan for the

duration of his active service.

2. If a retired justice or judge accepts any employment other than

that described in subsection 1, the justice or judge is entitled to the same

allowances as a retired justice or judge who has no employment.

3. If a retired justice or judge who accepts employment as a justice

of the supreme court or district judge in a judicial capacity pursuant to

this section elects not to reenroll in the judicial retirement plan pursuant

to subsection 1 of section 32 of this act, the court administrator may pay

contributions on behalf of the retired justice or judge to a retirement

fund which is not a part of the judicial retirement plan in an amount not

to exceed the amount of the contributions that the court administrator

would pay to the system on behalf of a participating justice or judge who

is employed in a similar position.

4. The system may waive for one period of 30 days or less a retired

justice’s or judge’s disqualification under this section if the chief justice

of the supreme court certifies in writing, in advance, that the retired

justice or judge is recalled to meet an emergency and that no other

qualified person is immediately available.

Sec. 32. 1. A retired justice or judge who accepts employment as a

justice of the supreme court or district judge in any judicial capacity,

including, without limitation, employment as a senior justice or senior

judge of the Nevada court system, may enroll in the judicial retirement

plan as of the effective date of that employment. As of the date of

enrollment:

(a) He forfeits all retirement allowances for the duration of that

employment; and

(b) Except as otherwise required as a result of section 27 or 35 of this

act, if the duration of the employment is at least 6 months, he gains

additional service credit for that employment and is entitled to have a

separate service retirement allowance calculated based on his

compensation and service, effective upon the termination of that

employment. If the duration of the employment is:

(1) Less than 5 years, the additional allowance must be added to his

original allowance and must be under the same option and designated

the same beneficiary as the original allowance; or

(2) Five years or more, the additional allowance may be under any

option and designate any beneficiary in accordance with section 38 of

this act.

2. The original service retirement allowance of such a retired justice

or judge must not be recalculated based upon the additional service

credit, nor is he entitled to any of the rights of membership that were not

in effect at the time of his original retirement. The accrual of service

credit pursuant to this section is subject to the limits imposed by:

(a) Section 39 of this act; and

(b) Section 415 of the Internal Revenue Code, 26 U.S.C. § 415.

3. Except as otherwise required as a result of section 27 or 35 of this

act, a retired justice or judge who has been receiving a retirement

allowance pursuant to the judicial retirement plan and who is

reemployed and is enrolled in the plan for at least 5 years may have his

additional credit for service added to his previous credit for service. This

additional credit for service must not apply to more than one period of

employment after the original retirement.

4. The survivor of a deceased member of the judicial retirement plan

who had previously retired and was reemployed and enrolled in the plan,

who qualifies for benefits pursuant to sections 52 to 67, inclusive, of this

act, is eligible for the benefits based on the service accrued through the

second period of employment.

Sec. 33. 1. The provisions of subsection 1 of section 31 of this act

do not apply to a retired justice or judge who accepts employment as a

justice of the supreme court or district judge in a judicial capacity if:

(a) He fills a position for which there is a critical labor shortage; and

(b) At the time of his reemployment, he is receiving:

(1) An unmodified benefit; or

(2) A benefit actuarially reduced pursuant to subsection 2 of section

30 of this act and has reached the required age at which he could have

retired with an unmodified benefit.

2. A retired justice or judge who is reemployed under the

circumstances set forth in subsection 1 may reenroll in the judicial

retirement plan as provided in section 32 of this act.

3. The supreme court shall designate positions in the judicial branch

of state government for which there are critical labor shortages.

Sec. 34. Notwithstanding any other provision of law, every

distribution to a member of the judicial retirement plan must be made

pursuant to the provisions of section 401(a)(9) of the Internal Revenue

Code, 26 U.S.C. § 401(a)(9), that apply to governmental plans.

Sec. 35. Notwithstanding any other provision of law, the amount of

compensation used to determine the retirement benefit of a member of

the judicial retirement plan must not exceed the limitation provided by

section 401(a)(17) of the Internal Revenue Code, 26 U.S.C. § 401(a)(17).

Sec. 36. Forfeitures must not be applied to increase the benefits any

member of the judicial retirement plan would otherwise receive pursuant

to the provisions governing the plan as provided by section 401(a)(8) of

the Internal Revenue Code, 26 U.S.C. § 401(a)(8).

Sec. 37. 1. Applications for service retirement allowances or

disability retirement allowances must be submitted to the offices of the

system on forms approved by the executive officer of the board. The

form must not be deemed filed unless it contains:

(a) The member of the judicial retirement plan’s selection of the

retirement plan contained in section 39 of this act or one of the optional

plans provided in section 40 of this act;

(b) A notarized statement of the marital status of the member of the

judicial retirement plan; and

consent or objection to the chosen retirement plan, signed by the spouse

and notarized.

2. Except as otherwise required by section 34 of this act, retirement

becomes effective on whichever of the following days is the later:

(a) The day immediately following the applicant’s last day of

employment;

(b) The day the completed application form is filed with the system;

creditable service; or

(d) The effective date of retirement specified on the application form.

3. The selection of a retirement plan by a member of the judicial

retirement plan and consent or objection to that plan by the spouse

pursuant to this section does not affect the responsibility of the member

concerning the rights of any present or former spouse.

4. The system is not liable for any damages resulting from the false

designation of marital status by a member of the system or a retired

justice or judge, or a justice of the supreme court or district judge who

retires pursuant to NRS 2.060 to 2.075, inclusive, and section 70 of this

act, or pursuant to NRS 3.090 to 3.097, inclusive, and section 75 of this

act.

Sec. 38. 1. If the spouse of the member of the judicial retirement

plan does not consent to the retirement plan chosen by the member

before the date on which the retirement becomes effective pursuant to

section 37 of this act the system must:

(a) Notify the spouse that he has 90 days to consent or have the

member change his selection; and

(b) Pay the retirement at the amount calculated for Option 2 provided

in section 40 of this act until the spouse consents or for 90 days,

whichever is less.

2. Upon consent of the spouse or at the end of the 90 days, the

retirement benefit must be recalculated and paid under the terms of the

option originally selected by the member retroactively to the date on

which the retirement became effective.

Sec. 39. Except as otherwise required as a result of section 27 or 35

of this act:

1. Except as otherwise provided in this subsection, a monthly service

retirement allowance must be determined by multiplying a member of

the judicial retirement plan’s average compensation by 3.4091 percent

for each year of service, except that a member of the plan is entitled to a

benefit of not more than 75 percent of his average compensation with

his eligibility for service credit ceasing at 22 years of service.

2. For the purposes of this section, “average compensation” means

the average of a member of the plan’s 36 consecutive months of highest

compensation as certified by the court administrator.

Sec. 40. 1. The alternatives to an unmodified service retirement

allowance are as follows:

(a) Option 2 consists of a reduced service retirement allowance

payable monthly during the retired justice’s or judge’s life, with the

provision that it continue after his death for the life of the beneficiary

whom he nominates by written designation acknowledged and filed with

the board at the time of retirement should the beneficiary survive him.

(b) Option 3 consists of a reduced service retirement allowance

payable monthly during the retired justice’s or judge’s life, with the

provision that it continue after his death at one-half the rate paid to him

and be paid for the life of the beneficiary whom he nominates by written

designation acknowledged and filed with the board at the time of

retirement should the beneficiary survive him.

payable monthly during the retired justice’s or judge’s life, with the

provision that it continue after his death for the life of his beneficiary,

whom he nominates by written designation acknowledged and filed with

the board at the time of the election, should his beneficiary survive him,

beginning on the attainment by the surviving beneficiary of age 60

years.

(d) Option 5 consists of a reduced service retirement allowance

payable monthly during the retired justice’s or judge’s life, with the

provision that it continue after his death at one-half the rate paid to him

and be paid for the life of his beneficiary whom he nominates by written

designation acknowledged and filed with the board at the time of the

election, should his beneficiary survive him, beginning on the

attainment by the surviving beneficiary of age 60 years.

(e) Option 6 consists of a reduced service retirement allowance

payable monthly during the retired justice’s or judge’s life, with the

provision that a specific sum per month, which cannot exceed the

monthly allowance paid to the retired justice or judge, be paid after his

death to the beneficiary for the life of the beneficiary whom he

nominates by written designation acknowledged and filed with the board

at the time of retirement, should the beneficiary survive him.

(f) Option 7 consists of a reduced service retirement allowance

payable monthly during the retired justice’s or judge’s life, with the

provision that a specific sum per month, which cannot exceed the

monthly allowance paid to the retired justice or judge, be paid after his

death to the beneficiary for the life of the beneficiary whom he

nominates by written designation acknowledged and filed with the board

at the time of election, should the beneficiary survive him, beginning on

the attainment by the surviving beneficiary of age 60 years.

2. Post-retirement allowances must be considered a part of a retired

justice’s or judge’s monthly benefit and included in the allowance paid

to a beneficiary under one of the optional plans set forth in this section.

Sec. 41. 1. If a member of the judicial retirement plan enters

retirement status under one of the optional plans described in section 40

of this act and the designated beneficiary predeceases the retired justice

or judge, the monthly retirement allowance must be automatically

adjusted to the unmodified retirement allowance provided in section 39

of this act.

2. A retired justice or judge may not change the selected option or

designated beneficiary after the effective date of retirement except as

otherwise provided in subsection 3 and subsection 3 of section 32 of this

act.

3. A retired justice or judge may cancel his selected option and

designation of beneficiary and revert to the unmodified retirement

allowance. He shall make this election by written designation,

acknowledged and filed with the board. The written election must be

accompanied by a written, notarized acknowledgment of the change by

the beneficiary if the beneficiary is the spouse of the retired justice or

judge. The election to cancel a selected option and revert to the

unmodified allowance does not abrogate any obligation of the retired

justice or judge respecting community property.

4. The termination or adjustment of a monthly retirement allowance

resulting from the death of a justice or judge or beneficiary must not

become effective until the first day of the month immediately following

the death of the retired justice or judge or beneficiary.

Sec. 42. Each person who receives benefits from the judicial

retirement fund pursuant to the system is entitled to receive cost-of

-living increases equivalent to those provided for retirees and

beneficiaries of the public employees’ retirement system.

Sec. 43. 1. In addition to the options provided in NRS 287.023 and

subject to the requirements of that section, any justice of the supreme

court or district judge who retires under the conditions set forth in

section 30 of this act and, at the time of his retirement, was covered or

had his dependents covered by any group insurance or medical and

hospital service established pursuant to NRS 287.010 and 287.020, has

the option of having the executive officer of the board deduct and pay

his premium or contribution for that group insurance or medical and

hospital service coverage, as well as the amount due or to become due

upon any obligation designated by the board pursuant to subsection 2,

from his monthly retirement allowance until:

(a) He notifies the executive officer of the board to discontinue the

deduction; or

(b) Any of his dependents elect to assume the premium or contribution

applicable to the dependent’s coverage before the death of such a retired

justice or judge and continue coverage pursuant to NRS 287.023 after

his death.

2. The board may adopt regulations to carry out the provisions of

subsection 1, including, without limitation, regulations governing the

number and types of obligations, amounts for the payment of which may

be deducted and paid by the board at the option of the retired justice or

judge pursuant to this section.

3. The executive officer of the board, the board and the system are

not liable for any damages resulting from errors or omissions

concerning the deductions and payment of premiums or contributions

authorized pursuant to this section unless willful neglect or gross

negligence is proven.

Sec. 44. 1. A member of the judicial retirement plan who has 5

years or more of service credit and who becomes totally unable to

perform his current job or any comparable job for which he is qualified

by his training and experience, because of injury or mental or physical

illness of a permanent nature is eligible to apply for disability retirement

if:

(a) Except as otherwise provided in subsection 5, his employment as a

justice of the supreme court or district judge will be terminated because

of the disability;

(b) He is employed as a justice of the supreme court or a district judge

at the time of application for disability retirement;

duties of his present position and of any other position he has held within

the past year;

(d) He files a notarized application for disability retirement with the

system which indicates a selection of option and to which is attached a

personal statement by the member of the judicial retirement plan,

describing the disability, the duties which he can and cannot perform,

and any benefits he is entitled to receive for disability from any other

public source; and

(e) The court administrator files an official statement certifying the

member’s employment record, record of disability, absences that have

occurred because of the disability, the effect upon the work of the

member after the disability, and job functions that can and cannot be

performed because of the disability.

2. Except as otherwise required as a result of section 27 of this act,

the amount of the disability retirement allowance must be calculated in

the same manner as provided for service retirement calculations in

section 39 of this act, except that no reduction for the age of a member

of the judicial retirement plan may be made and that the allowance must

be reduced by the amount of any other benefit received from any source

on account of the same disability:

(a) If the benefit is provided or was purchased by the expenditure of

money by a Nevada public employer; and

(b) To the extent that the total of the unmodified benefit and the other

benefit would otherwise exceed his average compensation.

3. A member of the judicial retirement plan may apply for disability

retirement even if he is eligible for service retirement.

4. Each child of a deceased recipient of a disability retirement

allowance is entitled to receive the benefits provided by section 57 of this

act only if the decedent had not reached the age and completed the

service required to be eligible for a service retirement allowance, except

that these benefits must not be paid to anyone who is named as a

beneficiary under one of the options to an unmodified allowance.

5. If a member of the judicial retirement plan whose application for

disability retirement has been:

(a) Approved, dies before his employment is terminated, but within 60

days after his application was approved; or

(b) Mailed before his death as indicated by the date of the postmark

dated by the post office on the envelope in which it was mailed, dies

before the board has acted upon his application and the board approves

thereafter his application,

his beneficiary is entitled to receive an allowance under the option

selected rather than the benefit otherwise provided for a survivor.

6. The termination or adjustment of a disability retirement allowance

resulting from the death of a recipient of an allowance pursuant to this

section must not become effective until the first day of the month

immediately following the death of the recipient.

7. As used in this section, “public employer” has the meaning

ascribed to it in NRS 286.070.

Sec. 45. The provisions of NRS 286.630, 286.634 and 286.637,

concerning disability retirement, apply to a member of the judicial

retirement plan who is receiving a disability retirement allowance

pursuant to section 44 of this act.

Sec. 46. 1. When the recipient of a disability retirement allowance

is determined by the board to be no longer disabled, his allowance must

be canceled.

2. A retired justice or judge who retired on account of disability

whose benefit is canceled may:

(a) Suspend his monthly benefit until eligible for service retirement;

(b) Elect a service retirement reduced for his age if he has the service

credit necessary to retire.

Sec. 47. 1. Except as otherwise provided in subsection 2, whenever

a recipient of a disability retirement allowance pursuant to section 44 of

this act returns to employment as a justice of the supreme court or

district judge, the allowance must be discontinued and his service credit

at the time of disability retirement must be restored. The member shall

retire under the same retirement plan previously selected for retirement

on account of disability if he returns to disability retirement or elects

service retirement within 1 year after his return to employment.

2. A recipient of a disability retirement allowance may be employed

and continue to receive his allowance if he applies to the board for

approval of the employment before he begins to work and the board

approves his application. The application must include:

(a) A full description of the proposed employment; and

(b) A statement written by the member of the system declaring the

reasons why the proposed employment should not be found to conflict

with his disability.

Sec. 48. Any person convicted of the murder or voluntary

manslaughter of a member of the system is ineligible to receive any

benefit conferred by any provision of this chapter or NRS 2.060 to 2.075,

inclusive, and section 70 of this act, or NRS 3.090 to 3.097, inclusive,

and section 75 of this act, by reason of the death of that member. The

system may withhold the payment of any benefit otherwise payable

under this chapter by reason of the death of any member of the system

from any person charged with the murder or voluntary manslaughter of

that member, pending final determination of those charges.

Sec. 49. 1. Except as otherwise provided in NRS 31A.150 and

section 50 of this act and as limited by subsection 2, the right of a person

to a pension, an annuity, a retirement allowance, the pension, annuity or

retirement allowance itself, any optional benefit or death benefit or any

other right accrued or accruing to any person under the provisions of

this chapter, and the money in the judicial retirement fund, is:

(a) Exempt from all state, county and municipal taxes;

(b) Not subject to execution, garnishment, attachment or any other

process;

(d) Not assignable, by power of attorney or otherwise; and

(e) Exempt from assessment for the impairment or insolvency of any

life or health insurance company.

2. The system may withhold money from a benefit when the person

applying for or receiving the benefit owes money to the system.

Sec. 50. 1. A person may submit a judgment, decree or order of a

district court or the supreme court of the State of Nevada relating to

child support, alimony or the disposition of community property to the

executive officer of the board or his designee for a determination of

whether the judgment, decree or order entitles an alternate payee to

receive from the system all or a portion of the allowance or benefit of a

member of the judicial retirement plan or a retired justice or judge.

2. The judgment, decree or order submitted to the executive officer of

the board or his designee must be signed by a district judge or by the

justices of the supreme court and entered and certified by the clerk of the

district court or the clerk of the supreme court.

3. The executive officer of the board or his designee shall, in

accordance with rules prescribed by the board, determine whether the

judgment, decree or order entitles the alternate payee to receive an

allowance or benefit from the system. An alternate payee is entitled to

receive an allowance or benefit from the judicial retirement plan if the

judgment, decree or order:

(a) Specifies clearly the names, social security numbers and last

known mailing addresses, if any, of the member of the judicial

retirement plan or retired justice or judge and the alternate payee;

(b) Specifies clearly the amount, percentage or manner of determining

the amount of the allowance or benefit of the member of the judicial

retirement plan or retired justice or judge that must be paid by the

system to each alternate payee;

alternate payee;

(d) Does not require the system to provide an allowance or benefit or

any option not otherwise provided under this chapter; and

(e) Does not require the payment of an allowance or benefit to an

alternate payee before the retirement of a member of the judicial

retirement plan.

4. For the purposes of this subsection, “alternate payee” means a

spouse, former spouse, child or other dependent of a member of the

judicial retirement plan or retired justice or judge who, pursuant to a

judgment, decree or order relating to child support, alimony or the

disposition of community property, is entitled to receive all or a portion

of the allowance or benefit of a member or retired justice or judge from

the system.

Sec. 51. 1. Any check for benefits which has not been paid within

5 years after being transferred to the account for unclaimed benefits

must be transferred to the judicial retirement fund.

2. If, within 6 years after a check for benefits has been transferred

pursuant to subsection 1, any person appears and claims the money, the

claimant may file a petition in the district court for Carson City stating

the nature of his claim, with an appropriate prayer for the relief

demanded. A copy of the petition must be served upon the attorney

general before or at the time it is filed. Within 20 days after service, the

attorney general shall appear in the proceeding and respond to the

petition. If, after examining all the facts, the attorney general is

convinced that the system has no legal defense against the petition, he

may, with the consent of the court, confess judgment on behalf of the

system.

3. If judgment is not confessed, the petition must be considered at

issue on the 20th day after its filing, and may be heard by the court on

that day, or at such future day as the court may order. Upon the hearing,

the court shall examine into the claim and hear the allegations and

proofs. If the court finds that the claimant is entitled to any money

transferred pursuant to subsection 1 to the judicial retirement fund, it

shall order the board to pay the money forthwith to the claimant, but

without interest or cost to the board.

4. All persons, except minors and persons of unsound mind, who fail

to appear and file their petitions within the time limited in subsection 1

are forever barred. Minors and persons of unsound mind may appear

and file their petitions at any time within 5 years after their respective

disabilities are removed.

Sec. 52. As used in sections 52 to 66, inclusive, of this act, unless the

context otherwise requires, the words and terms defined in sections 53,

54 and 55 of this act have the meanings ascribed to them in those

sections.

Sec. 53. “Child” means an unmarried person under 18 years of age

who is the issue or legally adopted child of a deceased member of the

judicial retirement plan. As used in this section, “issue” means the

progeny or biological offspring of the deceased member.

Sec. 54. “Dependent parent” means the surviving parent of a

deceased member of the judicial retirement plan who was dependent

upon the deceased member for at least 50 percent of his support for at

least 6 months immediately preceding the death of the deceased member.

Sec. 55. “Spouse” means the surviving husband or wife of a

deceased member of the judicial retirement plan.

Sec. 56. 1. Except as otherwise provided in subsection 3, if a

deceased member of the judicial retirement plan had 2 years of

creditable service in the 2 1/2 years immediately preceding his death, or

if the employee had 10 or more years of creditable service, certain of his

dependents are eligible for payments as provided in sections 52 to 66,

inclusive, of this act. If the death of the member resulted from a mental

or physical condition which required him to leave his position as a

justice of the supreme court or district judge or go on leave without pay,

eligibility pursuant to the provisions of this section extends for 18

months after his termination or commencement of leave without pay.

2. If the death of a member of the judicial retirement plan occurs

while he is on leave of absence for further training and if he met the

requirements of subsection 1 at the time his leave began, certain of his

dependents are eligible for payments as provided in subsection 1.

3. If the death of a member of the judicial retirement plan is caused

by an occupational disease or an accident arising out of and in the

course of his employment, no prior creditable service is required to make

his dependents eligible for payments pursuant to sections 52 to 66,

inclusive, of this act, except that this subsection does not apply to an

accident occurring while the member is traveling between his home and

his principal place of employment.

4. As used in this section, “dependent” includes a survivor

beneficiary designated pursuant to section 60 of this act.

Sec. 57. 1. Each child of a deceased member of the judicial

retirement plan is entitled to receive a cumulative benefit of at least $400

per month, beginning on the first day of the month following the

member’s death.

2. Except as otherwise provided in subsections 3 and 4, payments to

any child cease on the last day of the month of:

(a) His adoption;

(b) His death;

(d) His attaining the age of 18 years.

3. These benefits may be paid to the child of a deceased member of

the judicial retirement plan until the last day of the month of his 23rd

birthday if he was, at the time of the member’s death, and continues

thereafter to be, a full-time student in any accredited:

(a) High school;

(b) Vocational or technical school; or

4. These benefits may be commenced or extended indefinitely beyond

a child’s 18th birthday if and so long as he is determined by the system

to be:

(a) Financially dependent; and

(b) Physically or mentally incompetent.

5. All benefits under this section may be paid by the system to the

child’s:

(a) Surviving parent; or

(b) Legal guardian.

6. The board shall establish uniform standards and procedures for

determining whether a child is:

(a) A full-time student;

(b) Financially dependent; and

Sec. 58. 1. The spouse of a deceased member of the judicial

retirement plan is entitled to receive a cumulative benefit of at least $450

per month. The payments must begin on the first day of the month

immediately following the death of the member and must cease on the

last day of the month in which the spouse dies.

2. The benefits paid pursuant to this section are in addition to any

benefits paid pursuant to section 57 of this act.

Sec. 59. 1. The spouse of a deceased member of the judicial

retirement plan who had 10 or more years of creditable service is entitled

to receive a monthly allowance equivalent to that provided by:

(a) Option 3 in section 40 of this act, if the deceased member had less

than 15 years of service on the date of his death; or

(b) Option 2 in section 40 of this act, if the deceased member had

more than 15 or more years of service on the date of his death.

To apply the provisions of Options 2 and 3, the deceased member shall be

deemed to have retired on the date of his death immediately after having

named the spouse as beneficiary under the applicable option. This

benefit must be computed without any reduction for age for the deceased

member. The benefits provided by this subsection must be paid to the

spouse for the remainder of the spouse’s life.

2. The spouse may elect to receive the benefits provided by any one of

the following only:

(a) This section; or

(b) Section 58 of this act.

Sec. 60. An unmarried member of the judicial retirement plan may

designate, in writing, a survivor beneficiary to receive the payments

provided pursuant to section 61, 62 or 63 of this act if the member is

unmarried on the date of his death. A designation pursuant to this

section must be made on a form approved by the executive officer of the

board.

Sec. 61. 1. The survivor beneficiary of a deceased member of the

judicial retirement plan is entitled to receive a cumulative benefit of at

least $450 per month. The payments must begin on the first day of the

month immediately following the death of the member and must cease

on the last day of the month in which the survivor beneficiary dies.

2. The benefits paid pursuant to this section are in addition to any

benefits paid pursuant to section 57 of this act.

3. As used in this section, “survivor beneficiary” means a person

designated pursuant to section 60 of this act.

Sec. 62. 1. The survivor beneficiary of a deceased member of the

judicial retirement plan who had 10 or more years of creditable service

is entitled to receive a monthly allowance equivalent to that provided by:

(a) Option 3 in section 40 of this act, if the deceased member had less

than 15 years of service on the date of his death; or

(b) Option 2 in section 40 of this act, if the deceased member had 15

or more years of service on the date of his death.

To apply the provisions of Options 2 and 3, the deceased member shall be

deemed to have retired on the date of his death immediately after having

named the survivor beneficiary as beneficiary pursuant to the applicable

option. This benefit must be computed without any reduction for age for

the deceased member. The benefits provided by this subsection must be

paid to the survivor beneficiary for the remainder of the life of the

survivor beneficiary.

2. The survivor beneficiary may elect to receive the benefits provided

by any one of the following only:

(a) This section; or

(b) Section 61 of this act.

3. As used in this section, “survivor beneficiary” means a person

designated pursuant to section 60 of this act.

Sec. 63. 1. The survivor beneficiary of a deceased member of the

judicial retirement plan who was fully eligible to retire, both as to service

and age, is entitled to receive a monthly allowance equivalent to that

provided by Option 2 in section 40 of this act. This section does not apply

to the survivor beneficiary of a member who was eligible to retire only

pursuant to subsection 2 of section 30 of this act. For the purposes of

applying the provisions of Option 2, the deceased member shall be

deemed to have retired on the date of his death immediately after having

named the survivor beneficiary as beneficiary pursuant to Option 2. The

benefits provided by this section must be paid to the survivor beneficiary

for the remainder of the life of the survivor beneficiary. The survivor

beneficiary may elect to receive the benefits provided by any one of the

following only:

(a) This section;

(b) Section 61 of this act; or

2. As used in this section, “survivor beneficiary” means a person

designated pursuant to section 60 of this act.

Sec. 64. The spouse of a deceased member of the judicial retirement

plan who was fully eligible to retire, both as to service and age, is

entitled to receive a monthly allowance equivalent to that provided by

Option 2 in section 40 of this act. This section does not apply to the

spouse of a member who was eligible to retire only under subsection 2 of

section 30 of this act. For the purposes of applying the provisions of

Option 2, the deceased member shall be deemed to have retired on the

date of his death immediately after having named the spouse as

beneficiary under Option 2. The benefits provided by this section must

be paid to the spouse for the remainder of the spouse’s life. The spouse

may elect to receive the benefits provided by any one of the following

only:

1. This section;

2. Section 58 of this act; or

3. Section 59 of this act.

Sec. 65. If payments are not made pursuant to the provisions of

section 57, 58, 59, 61 or 62 of this act, the dependent parent of a

deceased member of the judicial retirement plan is entitled to receive a

cumulative benefit of at least $400 per month, and if there are two

dependent parents, each is entitled to receive a cumulative benefit of at

least $400 per month. Payments to any parent pursuant to this section

must cease upon the death of that parent.

Sec. 66. The amount of each monthly allowance paid as specified in

sections 57 to 65, inclusive, of this act must not exceed the deceased

member of the judicial retirement plan’s average compensation and

must be reduced by the amount of any other benefit received from any

source:

1. If that benefit was provided or purchased by the expenditure of

money by this state, except for lump-sum payments under a group

insurance program; and

2. To the extent that the total of the allowance and the other benefit

would otherwise exceed the deceased member’s average compensation.

Sec. 67. 1. The retirement allowance for a member of the judicial

retirement plan becomes vested on the date that the member completes 5

years of creditable service.

2. Benefits for survivors offered pursuant to this chapter become

vested on the date that the member of the judicial retirement plan

completes 10 years of creditable service or becomes entitled to begin

receiving benefits or on the date of his death, whichever event occurs

first.

3. Unless otherwise specifically provided by law, any change in the

provisions of this chapter is retroactive for all service of any member of

the judicial retirement plan before the date of vesting, but no change

may impair any vested allowance or benefit.

4. Upon the termination or partial termination of the system, all

accrued benefits that are funded become 100 percent vested and

nonforfeitable.

Sec. 68. A person who knowingly makes a false statement, certifies

to an incorrect document or withholds information for the purpose of

receiving or assisting another person in receiving benefits under this

chapter to which he is not entitled is guilty of a gross misdemeanor.

Sec. 69. NRS 1.365 is hereby amended to read as follows:

1.365 1. All of the following claims must be submitted to the [court

administrator,] executive officer of the public employees’ retirement

board who shall [act as administrative officer in processing] process the

claims:

[1.] (a) Claims of justices of the supreme court pursuant to NRS [2.050

and 2.060.

2.] 2.060.

(b) Claims pursuant to NRS 2.070 and section 15 of [this act.

3.] Senate Bill No. 349 of the 71st session of the Nevada Legislature.

3.090.

4.] 3.090.

(d) Claims pursuant to NRS 3.095 and section 16 of [this act.] Senate

Bill No. 349 of the 71st session of the Nevada Legislature.

2. The following claims must be submitted to the court administrator,

who shall act as administrative officer in processing the claims:

(a) Claims of justices of the supreme court under NRS 2.050.

(b) Claims of judges of the district courts under NRS 3.030.

Sec. 70. Chapter 2 of NRS is hereby amended by adding thereto a new

section to read as follows:

The provisions of NRS 2.060 to 2.075, inclusive, and section 15 of

Senate Bill No. 349 of the 71st session of the Nevada Legislature:

1. Apply only to a justice of the supreme court or a surviving spouse

or surviving child of a justice of the supreme court who served as a

justice of the supreme court or district judge before November 5, 2002;

2. Are administered by the public employees’ retirement board

pursuant to section 11 of this act; and

3. Are part of the judicial retirement system established pursuant to

section 11 of this act.

Sec. 71. NRS 2.060 is hereby amended to read as follows:

2.060 1. Any justice of the supreme court who has served as a justice

or judge of a district court in any one or more of those courts for a period

or periods aggregating 22 years and has ended such service is, after

reaching the age of 60 years, entitled to receive annually from the State of

Nevada, as a pension during the remainder of his life, a sum of money

equal in amount to three-fourths the sum received as a salary for his

judicial services during the last year thereof, payable [every 2 weeks from

money provided by direct legislative appropriation.] monthly from the

judicial retirement fund established pursuant to section 13 of this act.

2. Any justice of the supreme court who has served as a justice or

judge of a district court in any one or more of those courts for a period or

periods aggregating 5 years and has ended such service is, after reaching

the age of 60 years, entitled to receive annually from the State of Nevada,

as a pension during the remainder of his life, a sum of money equal in

amount to 4.1666 percent of the sum received as a salary for his judicial

services during the last year thereof, payable [every 2 weeks from money

provided by direct legislative appropriation.] monthly from the judicial

retirement fund established pursuant to section 13 of this act.

3. Any justice of the supreme court who qualifies for a pension under

the provisions of subsection 2 is entitled to receive, for each year served

beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent

of the sum received as a salary for his judicial services during the last year

thereof, payable as provided in subsection 2.

4. Any justice who has retired pursuant to subsection 3 and is

thereafter recalled to additional active service in the court system is

entitled to receive credit toward accumulating 22 years’ service for the

maximum pension based upon the time he actually spends in the additional

active service.

5. Any justice who has the years of service necessary to retire but has

not attained the required age may retire at any age with a benefit

actuarially reduced to the required retirement age. A benefit under this

subsection must be reduced in the same manner as benefits are reduced for

persons retired under the public employees’ retirement system.

6. Any person receiving a pension pursuant to the provisions of this

section is entitled to receive post-retirement increases equal to those

provided for persons retired under the public employees’ retirement

system.

7. Any justice who desires to receive the benefits of this section must

file with the [state controller and the state treasurer] executive officer of

the public employees’ retirement board an affidavit setting forth the fact

that he is ending his service, the date and place of his birth, and the years

he has served in any district court or the supreme court.

8. [Upon such notice and filing of the affidavit, the state controller

shall draw his warrant, payable to the justice who has thus ended his

service, upon the state treasurer for the sum due to him, and the state

treasurer shall pay the sum out of money provided by direct legislative

appropriation.

9.] The faith of the State of Nevada is hereby pledged that this section

shall not be repealed or amended so as to affect any justice who may have

ended his service pursuant to it.

Sec. 72. NRS 2.065 is hereby amended to read as follows:

2.065 1. A justice of the supreme court who has served as a justice or

as a district judge in any one or more courts for a period or periods

aggregating 5 years or more and who becomes permanently incapacitated,

physically or mentally, to perform the duties of his office may retire from

office regardless of age.

2. Any justice who retires pursuant to the provisions of subsection 1 or

who is retired because of advanced age or mental or physical disability

pursuant to section 21 of article 6 of the constitution of the State of

Nevada is entitled to receive annually from the State of Nevada, as a

pension during the remainder of his life, the same pension he would

receive under NRS 2.060 based on his years of service, but without regard

to his age.

3. Any justice, or his guardian on his behalf if he is unable to act, who

desires to retire voluntarily must give notice in writing to the governor.

The governor shall appoint three physicians licensed to practice medicine

in the State of Nevada to examine the justice and report the results to the

governor in writing. If a majority of the physicians is of the opinion that

the justice is permanently incapacitated, physically or mentally, the

governor shall approve the retirement. The justice or his guardian must file

with the [state controller and state treasurer] executive officer of the

public employees’ retirement board an affidavit setting forth the fact of

his retirement and the years he has served in either or both of such courts.

4. Pensions payable pursuant to this section must be paid in the same

manner as pensions are payable under NRS 2.060. Fees and expenses of

physicians appointed pursuant to this section must be paid out of funds

[provided by direct legislative appropriation.] from the judicial retirement

administrative fund established pursuant to section 15 of this act.

5. The faith of the State of Nevada is hereby pledged that this section

will not be repealed or amended so as to affect adversely any justice who

may have retired or been retired pursuant to its provisions.

Sec. 73. NRS 2.070 is hereby amended to read as follows:

2.070 1. If a justice of the supreme court at the time of his death had

retired and was then receiving a pension under the provisions of NRS

2.060, or if at the time of his death the justice had not retired but had

performed sufficient service for retirement under the provisions of NRS

2.060, the surviving spouse, if the spouse has attained the age of 60 years,

is entitled, until his death or remarriage, to receive monthly payments of

$2,500 per month.

2. If a surviving spouse of a justice is not eligible to receive benefits

pursuant to subsection 1, he is entitled, until his death or remarriage or

until he becomes eligible to receive those benefits, to receive payments

equal in amount to the payment provided in subsection 1 of NRS 286.674

for the spouse of a deceased member of the public employees’ retirement

system.

3. To obtain these benefits, the surviving spouse must make

application to the [board, commission or authority entrusted with the

administration of the judges’ pensions] executive officer of the public

employees’ retirement board and furnish such information as may be

required pursuant to reasonable regulations adopted for the purpose of

carrying out the intent of this section.

4. Any person receiving a benefit pursuant to the provisions of this

section is entitled to receive post-retirement increases equal to those

provided for persons retired under the public employees’ retirement

system.

5. It is the intent of this section that no special fund be created for the

purpose of paying these benefits, and all payments made under the

provisions of this section are to be made out of and charged to [any fund

created for the purpose of paying pension benefits to justices of the

supreme court.] the judicial retirement fund established pursuant to

section 13 of this act.

Sec. 74. NRS 2.075 is hereby amended to read as follows:

2.075 1. Each child of a deceased justice of the supreme court is

entitled to receive payments equal in amount to the payments provided in

NRS 286.673 for the child of a deceased member of the public employees’

retirement system.

2. In determining whether a child is a full-time student or financially

dependent and physically or mentally incompetent, as provided in NRS

286.673, the [court administrator] executive officer of the public

employees’ retirement board shall use any applicable standards and

procedures established by the public employees’ retirement board.

3. It is the intent of this section that no special fund be created for the

payment of benefits, and all payments made under the provisions of this

section are to be made out of and charged to [any fund created for the

purpose of paying pension benefits to justices of the supreme court.] the

judicial retirement fund established pursuant to section 13 of this act.

Sec. 75. Chapter 3 of NRS is hereby amended by adding thereto a new

section to read as follows:

The provisions of NRS 3.090 to 3.097, inclusive, and section 16 of

Senate Bill No. 349 of the 71st session of the Nevada Legislature.

1. Apply only to a district judge or a surviving spouse or surviving

child of a district judge who served as a justice of the supreme court or

district judge before November 5, 2002;

2. Are administered by the public employees’ retirement board

pursuant to section 11 of this act; and

3. Are part of the judicial retirement system established pursuant to

section 11 of this act.

Sec. 76. NRS 3.090 is hereby amended to read as follows:

3.090 1. Any judge of the district court who has served as a justice of

the supreme court or judge of a district court in any one or more of those

courts for a period or periods aggregating 22 years and has ended such

service is, after reaching the age of 60 years, entitled to receive annually

from the State of Nevada, as a pension during the remainder of his life, a

sum of money equal in amount to three-fourths the sum received as a

salary for his judicial services during the last year thereof, payable [every

2 weeks from money provided by direct legislative appropriation.]

monthly from the judicial retirement fund established pursuant to

section 13 of this act.

2. Any judge of the district court who has served as a justice of the

supreme court or judge of a district court in any one or more of those

courts for a period or periods aggregating 5 years and has ended such

service is, after reaching the age of 60 years, entitled to receive annually

from the State of Nevada, as a pension during the remainder of his life, a

sum of money equal in amount to 4.1666 percent of the sum received as a

salary for his judicial services during the last year thereof, payable [every

weeks from money provided by direct legislative appropriation.] monthly

from the judicial retirement fund established pursuant to section 13 of

this act.

3. Any judge of the district court who qualifies for a pension under the

provisions of subsection 2 is entitled to receive, for each year served

beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent

of the sum received as a salary for his judicial services during the last year

thereof, payable as provided in subsection 2.

4. Any judge who has retired pursuant to subsection 3 and is thereafter

recalled to additional active service in the court system is entitled to

receive credit toward accumulating 22 years’ service for the maximum

pension based upon the time he actually spends in the additional active

service.

5. Any district judge who has the years of service necessary to retire

but has not attained the required age may retire at any age with a benefit

actuarially reduced to the required retirement age. A retirement benefit

under this subsection must be reduced in the same manner as benefits are

reduced for persons retired under the public employees’ retirement system.

6. Any person receiving a pension pursuant to the provisions of this

section is entitled to receive post-retirement increases equal to those

provided for persons retired in the public employees’ retirement system.

7. Any judge of the district court who desires to receive the benefits of

this section must file with the [state controller and the state treasurer]

executive officer of the public employees’ retirement board an affidavit

setting forth the fact that he is ending his service, the date and place of his

birth, and the years he has served in any district court or the supreme

court.

8. [Upon such notice and filing of the affidavit, the state controller

shall draw his warrant, payable to the judge who has thus ended his

service, upon the state treasurer for the sum due to him, and the state

treasurer shall pay the sum out of money provided by direct legislative

appropriation.

9.] The faith of the State of Nevada is hereby pledged that this section

shall not be repealed or amended so as to affect any judge of the district

court who may have ended his service pursuant to it.

Sec. 77. NRS 3.092 is hereby amended to read as follows:

3.092 1. A district judge who has served as a district judge or as a

justice of the supreme court in any one or more courts for a period or

periods aggregating 5 years or more and who becomes permanently

incapacitated, physically or mentally, to perform the duties of his office

may retire from office regardless of age.

2. Any district judge who retires pursuant to the provisions of

subsection 1 or who is retired because of advanced age or physical or

mental disability pursuant to section 21 of article 6 of the constitution of

the State of Nevada is entitled to receive annually from the State of

Nevada, a pension for the remainder of his life, the same pension he would

receive under NRS 3.090 based on his years of service but without regard

to his age.

3. Any judge, or his guardian on his behalf if he is unable to act, who

desires to retire voluntarily must give notice in writing to the governor.

The governor shall appoint three physicians licensed to practice medicine

in the

State of Nevada to examine the judge and report the results to the governor

in writing. If a majority of the physicians is of the opinion that the judge is

permanently incapacitated, physically or mentally, the governor shall

approve the retirement. The judge or his guardian must file with the [state

controller and the state treasurer] executive officer of the public

employees’ retirement board an affidavit setting forth the fact of his

retirement and the years he has served in either or both of such courts.

4. Pensions payable pursuant to this section must be paid in the same

manner as pensions payable under NRS 3.090. Fees and expenses of

physicians appointed pursuant to this section must be paid [out of funds

provided by direct legislative appropriation.] from the judicial retirement

administrative fund established pursuant to section 15 of this act.

5. The faith of the State of Nevada is hereby pledged that this section

will not be repealed or amended so as to affect adversely any judge who

may have retired or been retired pursuant to its provisions.

Sec. 78. NRS 3.095 is hereby amended to read as follows:

3.095 1. If a district judge at the time of his death had retired and

was then receiving a pension under the provisions of NRS 3.090, or if at

the time of his death the judge had not retired but had performed sufficient

service for retirement under the provisions of NRS 3.090, the surviving

spouse, if the spouse has attained the age of 60 years, is entitled, until his

death or remarriage, to receive monthly payments of $2,500 per month.

2. If a surviving spouse of a judge is not eligible to receive benefits

pursuant to subsection 1, he is entitled, until his death or remarriage or

until he becomes eligible to receive those benefits, to receive payments

equal in amount to the payment provided in subsection 1 of NRS 286.674

for the spouse of a deceased member of the public employees’ retirement

system.

3. To obtain these benefits, the surviving spouse must make

application to the [board, commission or authority entrusted with the

administration of the judges’ pensions] executive officer of the public

employees’ retirement fund and furnish such information as may be

required pursuant to reasonable regulations adopted for the purpose of

carrying out the intent of this section.

4. Any person receiving a benefit pursuant to the provisions of this

section is entitled to receive post-retirement increases equal to those

provided for persons retired under the public employees’ retirement

system.

5. It is the intent of this section that no special fund be created for the

purpose of paying these benefits, and all payments made under the

provisions of this section are to be made out of and charged to [any fund

created for the purpose of paying pension benefits to district judges.] the

judicial retirement fund established pursuant to section 13 of this act.

Sec. 79. NRS 3.097 is hereby amended to read as follows:

3.097 1. Each child of a deceased district judge is entitled to receive

payments equal in amount to the payments provided in NRS 286.673 for

the child of a deceased member of the public employees’ retirement