Assembly Bill No. 622–Committee on Judiciary

(On Behalf of Administrative Office of the Courts)

March 19, 1999

____________

Referred to Concurrent Committees on Judiciary
and Ways and Means

 

SUMMARY—Increases benefits for surviving spouses of justices of supreme court and district judges. (BDR 1-841)

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; increasing the benefits provided to the surviving spouses of justices of the supreme court and district 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 2.070 is hereby amended to read as follows:

1-2 2.070 1. If a justice of the supreme court at the time of his death had

1-3 retired and was then receiving a pension [under the provisions of]

1-4 pursuant to NRS 2.060, or if at the time of his death the justice had not

1-5 retired but had performed sufficient service for retirement [under the

1-6 provisions of] pursuant to NRS 2.060, the surviving spouse, if the spouse

1-7 has attained the age of 60 years, is entitled, until his death or remarriage, to

1-8 receive monthly payments [of $2,000 per month.] in an amount which is

1-9 the greater of:

1-10 (a) Fifty percent of the pension that the justice at the time of his death

1-11 was receiving or was entitled to receive pursuant to NRS 2.060 plus an

1-12 amount equal to the amount of any future post-retirement increases that

1-13 are provided after the date on which the surviving spouse becomes

1-14 eligible to receive such payments for persons retired pursuant to the

1-15 public employees’ retirement system; or

2-1 (b) Three thousand dollars plus an amount equal to the amount of

2-2 any post-retirement increases that are provided after July 1, 1999, for

2-3 persons retired pursuant to the public employees’ retirement system and

2-4 any future increases provided after the date on which the surviving

2-5 spouse becomes eligible to receive such payments.

2-6 2. If a surviving spouse of a justice is not eligible to receive benefits

2-7 pursuant to subsection 1, he is entitled, until his death or remarriage or

2-8 until he becomes eligible to receive those benefits, to receive payments

2-9 equal in amount to the payment provided in subsection 1 of NRS 286.674

2-10 for the spouse of a deceased member of the public employees’ retirement

2-11 system [.] plus an amount equal to the amount of any future post-

2-12 retirement increases that are provided after the date on which the

2-13 surviving spouse becomes eligible to receive such payments for persons

2-14 retired pursuant to the public employees’ retirement system.

2-15 3. To obtain these benefits, the surviving spouse must make

2-16 application to the board, commission or authority entrusted with the

2-17 administration of the [judges’ pensions] pension of the justice and furnish

2-18 such information as may be required pursuant to reasonable regulations

2-19 adopted for the purpose of carrying out the intent of this section.

2-20 4. [Any person receiving a benefit pursuant to the provisions of this

2-21 section is entitled to receive post-retirement increases equal to those

2-22 provided for persons retired under the public employees’ retirement

2-23 system.

2-24 5.] It is the intent of this section that no special fund be created for the

2-25 purpose of paying these benefits, and all payments made [under the

2-26 provisions of] pursuant to this section are to be made out of and charged

2-27 to [any] a fund created for the purpose of paying pension benefits to

2-28 justices of the supreme court.

2-29 Sec. 2. NRS 3.095 is hereby amended to read as follows:

2-30 3.095 1. If a district judge at the time of his death had retired and

2-31 was then receiving a pension [under the provisions of] pursuant to NRS

2-32 3.090, or if at the time of his death the judge had not retired but had

2-33 performed sufficient service for retirement [under the provisions of]

2-34 pursuant to NRS 3.090, the surviving spouse, if the spouse has attained the

2-35 age of 60 years, is entitled, until his death or remarriage, to receive

2-36 monthly payments [of $2,000 per month.] in an amount which is the

2-37 greater of:

2-38 (a) Fifty percent of the pension that the judge at the time of his death

2-39 was receiving or was entitled to receive pursuant to NRS 3.090 plus an

2-40 amount equal to the amount of any future post-retirement increases that

2-41 are provided after the date on which the surviving spouse becomes

2-42 eligible to receive such payments for persons retired pursuant to the

2-43 public employees’ retirement system; or

3-1 (b) Three thousand dollars plus an amount equal to the amount of

3-2 any post-retirement increases that are provided after July 1, 1999, for

3-3 persons retired pursuant to the public employees’ retirement system and

3-4 any future increases provided after the date on which the surviving

3-5 spouse becomes eligible to receive such payments.

3-6 2. If a surviving spouse of a judge is not eligible to receive benefits

3-7 pursuant to subsection 1, he is entitled, until his death or remarriage or

3-8 until he becomes eligible to receive those benefits, to receive payments

3-9 equal in amount to the payment provided in subsection 1 of NRS 286.674

3-10 for the spouse of a deceased member of the public employees’ retirement

3-11 system [.] plus an amount equal to the amount of any future post-

3-12 retirement increases that are provided after the date on which the

3-13 surviving spouse becomes eligible to receive such payments for persons

3-14 retired pursuant to the public employees’ retirement system.

3-15 3. To obtain these benefits, the surviving spouse must make

3-16 application to the board, commission or authority entrusted with the

3-17 administration of the [judges’ pensions] pension of the judge and furnish

3-18 such information as may be required pursuant to reasonable regulations

3-19 adopted for the purpose of carrying out the intent of this section.

3-20 4. [Any person receiving a benefit pursuant to the provisions of this

3-21 section is entitled to receive post-retirement increases equal to those

3-22 provided for persons retired under the public employees’ retirement

3-23 system.

3-24 5.] It is the intent of this section that no special fund be created for the

3-25 purpose of paying these benefits, and all payments made [under the

3-26 provisions of] pursuant to this section are to be made out of and charged

3-27 to [any] a fund created for the purpose of paying pension benefits to

3-28 district judges.

3-29 Sec. 3. The amendatory provisions of this act, which provide for

3-30 certain increases in the benefits of surviving spouses of justices of the

3-31 supreme court and district judges, apply only to payments of benefits made

3-32 on or after July 1, 1999.

3-33 Sec. 4. This act becomes effective on July 1, 1999.

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