Senate Bill No. 245–Senator McGinness
February 23, 1999
____________
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.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
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 justice1-3
or judge of a district court in any one or more of those courts for a period1-4
or periods aggregating 22 years and has ended such service is, after1-5
reaching the age of 60 years, entitled to receive annually from the State of1-6
Nevada, as a pension during the remainder of his life, a sum of money1-7
equal in amount to three-fourths the sum received as a salary for his judicial1-8
services during the last year thereof, payable every 2 weeks from money1-9
provided by direct legislative appropriation.1-10
2. Any justice of the supreme court who has served as a justice or1-11
judge of a district court in any one or more of those courts for a period or1-12
periods aggregating 5 years and has ended such service is, after reaching1-13
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 in1-15
amount to 4.1666 percent of the sum received as a salary for his judicial1-16
services during the last year thereof, payable every 2 weeks from money1-17
provided by direct legislative appropriation.2-1
3. Any justice of the supreme court who qualifies for a pension under2-2
the provisions of subsection 2 is entitled to receive, for each year served2-3
beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent2-4
of the sum received as a salary for his judicial services during the last year2-5
thereof, payable as provided in subsection 2.2-6
4. Any justice who has retired pursuant to subsection 3 and is thereafter2-7
recalled to additional active service in the court system is entitled to receive2-8
credit toward accumulating 22 years’ service for the maximum pension2-9
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 is2-11
thereafter recalled to additional active service in the court system is2-12
entitled to receive annually from the State of Nevada, as a supplemental2-13
pension during the remainder of his life, a sum of money equal in2-14
amount to 4.1666 percent of the sum received as a salary for his judicial2-15
services during the last year thereof, for each year of additional active2-16
service up to a maximum of 22 years, payable every 2 weeks from money2-17
provided by direct legislative appropriation. Each year of additional2-18
active service must be calculated based upon the time the justice actually2-19
spends in the additional active service.2-20
6. Any justice who has the years of service necessary to retire but has2-21
not attained the required age may retire at any age with a benefit actuarially2-22
reduced to the required retirement age. A benefit under this subsection must2-23
be reduced in the same manner as benefits are reduced for persons retired2-24
under the public employees’ retirement system.2-25
2-26
this section is entitled to receive post-retirement increases equal to those2-27
provided for persons retired under the public employees’ retirement system.2-28
2-29
must file with the state controller and the state treasurer an affidavit setting2-30
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
2-33
shall draw his warrant, payable to the justice who has thus ended his2-34
service, upon the state treasurer for the sum due to him, and the state2-35
treasurer shall pay the sum out of money provided by direct legislative2-36
appropriation.2-37
2-38
section shall not be repealed or amended so as to affect any justice who2-39
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 of2-42
the supreme court or judge of a district court in any one or more of those2-43
courts for a period or periods aggregating 22 years and has ended such3-1
service is, after reaching the age of 60 years, entitled to receive annually3-2
from the State of Nevada, as a pension during the remainder of his life, a3-3
sum of money equal in amount to three-fourths the sum received as a salary3-4
for his judicial services during the last year thereof, payable every 2 weeks3-5
from money provided by direct legislative appropriation.3-6
2. Any judge of the district court who has served as a justice of the3-7
supreme court or judge of a district court in any one or more of those courts3-8
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 the3-10
State of Nevada, as a pension during the remainder of his life, a sum of3-11
money equal in amount to 4.1666 percent of the sum received as a salary3-12
for his judicial services during the last year thereof, payable every 2 weeks3-13
from money provided by direct legislative appropriation.3-14
3. Any judge of the district court who qualifies for a pension under the3-15
provisions of subsection 2 is entitled to receive, for each year served3-16
beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent3-17
of the sum received as a salary for his judicial services during the last year3-18
thereof, payable as provided in subsection 2.3-19
4. Any judge who has retired pursuant to subsection 3 and is thereafter3-20
recalled to additional active service in the court system is entitled to receive3-21
credit toward accumulating 22 years’ service for the maximum pension3-22
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 is3-24
thereafter recalled to additional active service in the court system is3-25
entitled to receive annually from the State of Nevada, as a supplemental3-26
pension during the remainder of his life, a sum of money equal in3-27
amount to 4.1666 percent of the sum received as a salary for his judicial3-28
services during the last year thereof, for each year of additional active3-29
service up to a maximum of 22 years, payable every 2 weeks from money3-30
provided by direct legislative appropriation. Each year of additional3-31
active service must be calculated based upon the time the judge actually3-32
spends in the additional active service.3-33
6. Any district judge who has the years of service necessary to retire3-34
but has not attained the required age may retire at any age with a benefit3-35
actuarially reduced to the required retirement age. A retirement benefit3-36
under this subsection must be reduced in the same manner as benefits are3-37
reduced for persons retired under the public employees’ retirement system.3-38
3-39
this section is entitled to receive post-retirement increases equal to those3-40
provided for persons retired in the public employees’ retirement system.3-41
3-42
benefits of this section must file with the state controller and the state4-1
treasurer an affidavit setting forth the fact that he is ending his service, the4-2
date and place of his birth, and the years he has served in any district court4-3
or the supreme court.4-4
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 shall4-7
pay the sum out of money provided by direct legislative appropriation.4-8
4-9
section shall not be repealed or amended so as to affect any judge of the4-10
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 judge4-13
who became a member before July 1, 1977, may remain a member of the4-14
system. Those justices or district judges may choose to gain service credit4-15
for previous service as provided in NRS 286.300.4-16
2. The State of Nevada shall be deemed, for the purpose of this4-17
chapter, to be the public employer of such justice or judge, and shall4-18
contribute to the public employees’ retirement fund and the public4-19
employees’ retirement administrative fund, in the manner provided in this4-20
chapter for public employers.4-21
3. Any justice of the supreme court and any district judge who is a4-22
member of the system and who qualifies for a pension under the provisions4-23
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.4-25
otherwise provided in subsection 5 of NRS 2.060 and subsection 5 of4-26
NRS 3.090, no justice or judge may receive benefits under both this4-27
chapter and under NRS 2.060 or 3.090.4-28
Sec. 4. This act becomes effective upon passage and approval.~