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.

~

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; making an appropriation; 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 NRS

1-4 2.060, or if at the time of his death the justice had not retired but had

1-5 performed sufficient service for retirement under the provisions of NRS

1-6 2.060, the surviving spouse, if the spouse has attained the age of 60 years,

1-7 is entitled, until his death or remarriage, to receive monthly payments of

1-8 [$2,000] $2,500 per month.

1-9 2. If a surviving spouse of a justice is not eligible to receive benefits

1-10 pursuant to subsection 1, he is entitled, until his death or remarriage or until

1-11 he becomes eligible to receive those benefits, to receive payments equal in

1-12 amount to the payment provided in subsection 1 of NRS 286.674 for the

1-13 spouse of a deceased member of the public employees’ retirement system.

1-14 3. To obtain these benefits, the surviving spouse must make application

1-15 to the board, commission or authority entrusted with the administration of

1-16 the judges’ pensions and furnish such information as may be required

2-1 pursuant to reasonable regulations adopted for the purpose of carrying out

2-2 the intent of this section.

2-3 4. Any person receiving a benefit pursuant to the provisions of this

2-4 section is entitled to receive post-retirement increases equal to those

2-5 provided for persons retired under the public employees’ retirement system.

2-6 5. It is the intent of this section that no special fund be created for the

2-7 purpose of paying these benefits, and all payments made under the

2-8 provisions of this section are to be made out of and charged to any fund

2-9 created for the purpose of paying pension benefits to justices of the

2-10 supreme court.

2-11 Sec. 2. NRS 3.095 is hereby amended to read as follows:

2-12 3.095 1. If a district judge at the time of his death had retired and was

2-13 then receiving a pension under the provisions of NRS 3.090, or if at the

2-14 time of his death the judge had not retired but had performed sufficient

2-15 service for retirement under the provisions of NRS 3.090, the surviving

2-16 spouse, if the spouse has attained the age of 60 years, is entitled, until his

2-17 death or remarriage, to receive monthly payments of [$2,000] $2,500 per

2-18 month.

2-19 2. If a surviving spouse of a judge is not eligible to receive benefits

2-20 pursuant to subsection 1, he is entitled, until his death or remarriage or until

2-21 he becomes eligible to receive those benefits, to receive payments equal in

2-22 amount to the payment provided in subsection 1 of NRS 286.674 for the

2-23 spouse of a deceased member of the public employees’ retirement system.

2-24 3. To obtain these benefits, the surviving spouse must make application

2-25 to the board, commission or authority entrusted with the administration of

2-26 the judges’ pensions and furnish such information as may be required

2-27 pursuant to reasonable regulations adopted for the purpose of carrying out

2-28 the intent of this section.

2-29 4. Any person receiving a benefit pursuant to the provisions of this

2-30 section is entitled to receive post-retirement increases equal to those

2-31 provided for persons retired under the public employees’ retirement system.

2-32 5. It is the intent of this section that no special fund be created for the

2-33 purpose of paying these benefits, and all payments made under the

2-34 provisions of this section are to be made out of and charged to any fund

2-35 created for the purpose of paying pension benefits to district judges.

2-36 Sec. 3. 1. There is hereby appropriated from the state general fund to

2-37 the supreme court for the support of the pensions of justices, judges and

2-38 surviving spouses:

2-39 For the fiscal year 1999-2000 $73,109

2-40 For the fiscal year 2000-2001 $73,109

2-41 2. Any balance of the sums appropriated by subsection 1 remaining at

2-42 the end of the respective fiscal years must not be committed for expenditure

3-1 after June 30 of the respective fiscal years and reverts to the state general

3-2 fund as soon as all payments of money committed have been made.

3-3 Sec. 4. The amendatory provisions of this act, which provide for

3-4 certain increases in the benefits of surviving spouses of justices of the

3-5 supreme court and district judges, apply only to payments of benefits made

3-6 on or after July 1, 1999.

3-7 Sec. 5. This act becomes effective on July 1, 1999.

~