Senate Bill No. 245–Senator McGinness

February 23, 1999

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Referred to Committee on Finance

 

SUMMARY—Allows justice or judge who retired under public employees’ retirement system and who is recalled to active service to earn credit toward supplemental pension. (BDR 1-1103)

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 retirement; allowing a justice or judge who retired under the public employees’ retirement system and who is recalled to active service to earn credit toward a supplemental pension; 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 percent of the sum received as a salary for his judicial

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

1-17 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 percent

2-4 of the sum received as a salary for his judicial services during the last year

2-5 thereof, payable as provided in subsection 2.

2-6 4. Any justice who has retired pursuant to subsection 3 and is thereafter

2-7 recalled to additional active service in the court system is entitled to receive

2-8 credit toward accumulating 22 years’ service for the maximum pension

2-9 based upon the time he actually spends in the additional active service.

2-10 5. Any justice who has retired pursuant to chapter 286 of NRS and is

2-11 thereafter recalled to additional active service in the court system is

2-12 entitled to receive annually from the State of Nevada, as a supplemental

2-13 pension during the remainder of his life, a sum of money equal in

2-14 amount to 4.1666 percent of the sum received as a salary for his judicial

2-15 services during the last year thereof, for each year of additional active

2-16 service up to a maximum of 22 years, payable every 2 weeks from money

2-17 provided by direct legislative appropriation. Each year of additional

2-18 active service must be calculated based upon the time the justice actually

2-19 spends in the additional active service.

2-20 6. Any justice who has the years of service necessary to retire but has

2-21 not attained the required age may retire at any age with a benefit actuarially

2-22 reduced to the required retirement age. A benefit under this subsection must

2-23 be reduced in the same manner as benefits are reduced for persons retired

2-24 under the public employees’ retirement system.

2-25 [6.] 7. Any person receiving a pension pursuant to the provisions of

2-26 this section is entitled to receive post-retirement increases equal to those

2-27 provided for persons retired under the public employees’ retirement system.

2-28 [7.] 8. Any justice who desires to receive the benefits of this section

2-29 must file with the state controller and the state treasurer an affidavit setting

2-30 forth the fact that he is ending his service, the date and place of his birth,

2-31 and the years he has served in any district court or the supreme court.

2-32 [8.] 9. Upon such notice and filing of the affidavit, the state controller

2-33 shall draw his warrant, payable to the justice who has thus ended his

2-34 service, upon the state treasurer for the sum due to him, and the state

2-35 treasurer shall pay the sum out of money provided by direct legislative

2-36 appropriation.

2-37 [9.] 10. The faith of the State of Nevada is hereby pledged that this

2-38 section shall not be repealed or amended so as to affect any justice who

2-39 may have ended his service pursuant to it.

2-40 Sec. 2. NRS 3.090 is hereby amended to read as follows:

2-41 3.090 1. Any judge of the district court who has served as a justice of

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

2-43 courts for a period or periods aggregating 22 years and has ended such

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

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

3-3 sum of money equal in amount to three-fourths the sum received as a salary

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

3-5 from money provided by direct legislative appropriation.

3-6 2. Any judge of the district court who has served as a justice of the

3-7 supreme court or judge of a district court in any one or more of those courts

3-8 for a period or periods aggregating 5 years and has ended such service is,

3-9 after reaching the age of 60 years, entitled to receive annually from the

3-10 State of Nevada, as a pension during the remainder of his life, a sum of

3-11 money equal in amount to 4.1666 percent of the sum received as a salary

3-12 for his judicial services during the last year thereof, payable every 2 weeks

3-13 from money provided by direct legislative appropriation.

3-14 3. Any judge of the district court who qualifies for a pension under the

3-15 provisions of subsection 2 is entitled to receive, for each year served

3-16 beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent

3-17 of the sum received as a salary for his judicial services during the last year

3-18 thereof, payable as provided in subsection 2.

3-19 4. Any judge who has retired pursuant to subsection 3 and is thereafter

3-20 recalled to additional active service in the court system is entitled to receive

3-21 credit toward accumulating 22 years’ service for the maximum pension

3-22 based upon the time he actually spends in the additional active service.

3-23 5. Any judge who has retired pursuant to chapter 286 of NRS and is

3-24 thereafter recalled to additional active service in the court system is

3-25 entitled to receive annually from the State of Nevada, as a supplemental

3-26 pension during the remainder of his life, a sum of money equal in

3-27 amount to 4.1666 percent of the sum received as a salary for his judicial

3-28 services during the last year thereof, for each year of additional active

3-29 service up to a maximum of 22 years, payable every 2 weeks from money

3-30 provided by direct legislative appropriation. Each year of additional

3-31 active service must be calculated based upon the time the judge actually

3-32 spends in the additional active service.

3-33 6. Any district judge who has the years of service necessary to retire

3-34 but has not attained the required age may retire at any age with a benefit

3-35 actuarially reduced to the required retirement age. A retirement benefit

3-36 under this subsection must be reduced in the same manner as benefits are

3-37 reduced for persons retired under the public employees’ retirement system.

3-38 [6.] 7. Any person receiving a pension pursuant to the provisions of

3-39 this section is entitled to receive post-retirement increases equal to those

3-40 provided for persons retired in the public employees’ retirement system.

3-41 [7.] 8. Any judge of the district court who desires to receive the

3-42 benefits of this section must file with the state controller and the state

4-1 treasurer an affidavit setting forth the fact that he is ending his service, the

4-2 date and place of his birth, and the years he has served in any district court

4-3 or the supreme court.

4-4 [8.] 9. Upon such notice and filing of the affidavit, the state controller

4-5 shall draw his warrant, payable to the judge who has thus ended his service,

4-6 upon the state treasurer for the sum due to him, and the state treasurer shall

4-7 pay the sum out of money provided by direct legislative appropriation.

4-8 [9.] 10. The faith of the State of Nevada is hereby pledged that this

4-9 section shall not be repealed or amended so as to affect any judge of the

4-10 district court who may have ended his service pursuant to it.

4-11 Sec. 3. NRS 286.305 is hereby amended to read as follows:

4-12 286.305 1. Any justice of the supreme court and any district judge

4-13 who became a member before July 1, 1977, may remain a member of the

4-14 system. Those justices or district judges may choose to gain service credit

4-15 for previous service as provided in NRS 286.300.

4-16 2. The State of Nevada shall be deemed, for the purpose of this

4-17 chapter, to be the public employer of such justice or judge, and shall

4-18 contribute to the public employees’ retirement fund and the public

4-19 employees’ retirement administrative fund, in the manner provided in this

4-20 chapter for public employers.

4-21 3. Any justice of the supreme court and any district judge who is a

4-22 member of the system and who qualifies for a pension under the provisions

4-23 of NRS 2.060 or 3.090 may withdraw from the public employees’

4-24 retirement fund the amount credited to him in the account. [No] Except as

4-25 otherwise provided in subsection 5 of NRS 2.060 and subsection 5 of

4-26 NRS 3.090, no justice or judge may receive benefits under both this

4-27 chapter and under NRS 2.060 or 3.090.

4-28 Sec. 4. This act becomes effective upon passage and approval.

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