Assembly Bill No. 592–Committee on Judiciary

(On Behalf of Administrative Office of the Courts)

March 17, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises formula for calculation of pensions of justices of supreme court and district court judges. (BDR 1-848)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to the judiciary; revising the formula for the calculation of the pensions of the justices of the supreme court and district court judges; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 2.060 is hereby amended to read as follows:

1-2 2.060 1. Any justice of the supreme court who has served as a justice

1-3 or judge of a district court in any one or more of those courts for a period

1-4 or periods aggregating 22 years and has ended such service is, after

1-5 reaching the age of 60 years, entitled to receive annually from the State of

1-6 Nevada, as a pension during the remainder of his life, a sum of money

1-7 equal in amount to three-fourths the sum received as a salary for his judicial

1-8 services during the last year thereof, payable every 2 weeks from money

1-9 provided by direct legislative appropriation.

1-10 2. Any justice of the supreme court who has served as a justice or

1-11 judge of a district court in any one or more of those courts for a period or

1-12 periods aggregating 5 years and has ended such service is, after reaching

1-13 the age of 60 years, entitled to receive annually from the State of Nevada,

1-14 as a pension during the remainder of his life, a sum of money equal in

1-15 amount to [4.1666] 3.4091 percent of the sum received as a salary for his

1-16 judicial services during the last year thereof, payable every 2 weeks from

1-17 money provided by direct legislative appropriation.

2-1 3. Any justice of the supreme court who qualifies for a pension under

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

2-3 [beyond 5 years] up to a maximum of 22 years, an additional [4.1666]

2-4 3.4091 percent of the sum received as a salary for his judicial services

2-5 during the last year thereof, payable as provided in subsection 2.

2-6 4. Any justice of the supreme court who has retired pursuant to

2-7 subsection 3 and is thereafter recalled to additional active service in the

2-8 court system is entitled to receive credit toward accumulating 22 years’

2-9 service for the maximum pension based upon the time he actually spends in

2-10 the additional active service.

2-11 5. Any justice of the supreme court who has the years of service

2-12 necessary to retire but has not attained the required age may retire at any

2-13 age with a benefit actuarially reduced to the required retirement age. A

2-14 retirement benefit under this subsection must be reduced in the same

2-15 manner as benefits are reduced for persons retired under the public

2-16 employees’ retirement system.

2-17 6. Any person receiving a pension pursuant to the provisions of this

2-18 section is entitled to receive post-retirement increases equal to those

2-19 provided for persons retired under the public employees’ retirement system.

2-20 7. Any justice of the supreme court who desires to receive the benefits

2-21 of this section must file with the state controller and the state treasurer an

2-22 affidavit setting forth the fact that he is ending his service, the date and

2-23 place of his birth, and the years he has served in any district court or the

2-24 supreme court.

2-25 8. Upon such notice and filing of the affidavit, the state controller shall

2-26 draw his warrant, payable to the justice who has thus ended his service,

2-27 upon the state treasurer for the sum due to him, and the state treasurer shall

2-28 pay the sum out of money provided by direct legislative appropriation.

2-29 9. The faith of the State of Nevada is hereby pledged that this section

2-30 shall not be repealed or amended so as to affect any justice of the supreme

2-31 court who may have ended his service pursuant to it.

2-32 Sec. 2. NRS 3.090 is hereby amended to read as follows:

2-33 3.090 1. Any judge of the district court who has served as a justice of

2-34 the supreme court or judge of a district court in any one or more of those

2-35 courts for a period or periods aggregating 22 years and has ended such

2-36 service is, after reaching the age of 60 years, entitled to receive annually

2-37 from the State of Nevada, as a pension during the remainder of his life, a

2-38 sum of money equal in amount to three-fourths the sum received as a salary

2-39 for his judicial services during the last year thereof, payable every 2 weeks

2-40 from money provided by direct legislative appropriation.

2-41 2. Any judge of the district court who has served as a justice of the

2-42 supreme court or judge of a district court in any one or more of those courts

2-43 for a period or periods aggregating 5 years and has ended such service is,

3-1 after reaching the age of 60 years, entitled to receive annually from the

3-2 State of Nevada, as a pension during the remainder of his life, a sum of

3-3 money equal in amount to [4.1666] 3.4091 percent of the sum received as a

3-4 salary for his judicial services during the last year thereof, payable every 2

3-5 weeks from money provided by direct legislative appropriation.

3-6 3. Any judge of the district court who qualifies for a pension under the

3-7 provisions of subsection 2 is entitled to receive, for each year served

3-8 [beyond 5 years] up to a maximum of 22 years, an additional [4.1666]

3-9 3.4091 percent of the sum received as a salary for his judicial services

3-10 during the last year thereof, payable as provided in subsection 2.

3-11 4. Any judge of the district court who has retired pursuant to

3-12 subsection 3 and is thereafter recalled to additional active service in the

3-13 court system is entitled to receive credit toward accumulating 22 years’

3-14 service for the maximum pension based upon the time he actually spends in

3-15 the additional active service.

3-16 5. Any [district] judge of the district court who has the years of service

3-17 necessary to retire but has not attained the required age may retire at any

3-18 age with a benefit actuarially reduced to the required retirement age. A

3-19 retirement benefit under this subsection must be reduced in the same

3-20 manner as benefits are reduced for persons retired under the public

3-21 employees’ retirement system.

3-22 6. Any person receiving a pension pursuant to the provisions of this

3-23 section is entitled to receive post-retirement increases equal to those

3-24 provided for persons retired in the public employees’ retirement system.

3-25 7. Any judge of the district court who desires to receive the benefits of

3-26 this section must file with the state controller and the state treasurer an

3-27 affidavit setting forth the fact that he is ending his service, the date and

3-28 place of his birth, and the years he has served in any district court or the

3-29 supreme court.

3-30 8. Upon such notice and filing of the affidavit, the state controller shall

3-31 draw his warrant, payable to the judge who has thus ended his service, upon

3-32 the state treasurer for the sum due to him, and the state treasurer shall pay

3-33 the sum out of money provided by direct legislative appropriation.

3-34 9. The faith of the State of Nevada is hereby pledged that this section

3-35 shall not be repealed or amended so as to affect any judge of the district

3-36 court who may have ended his service pursuant to it.

3-37 Sec. 3. This act becomes effective on July 1, 1999.

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