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).

1-1 Section 1. Chapter 2 of NRS is hereby amended by adding thereto the

1-2 provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. 1. A person who is named as a beneficiary pursuant to

1-4 subsection 4 of NRS 2.060 is entitled to receive the payments described

1-5 therein until his death. To obtain such payments, a beneficiary must file

1-6 an application with the court administrator and furnish such information

1-7 as may be required pursuant to reasonable regulations adopted to carry

1-8 out the intent of this section.

1-9 2. A beneficiary receiving payments pursuant to the provisions of this

1-10 section is entitled to receive post-retirement increases in an amount equal

1-11 to the amount provided for persons retired under the public employees’

1-12 retirement system.

1-13 3. It is the intent of this section that no special fund be created for

1-14 the purpose of paying benefits to a beneficiary pursuant to the provisions

1-15 of this section and that all such payments must be made out of and

2-1 charged to any fund created for the purpose of paying pension benefits to

2-2 justices of the supreme court.

2-3 Sec. 3. 1. If a justice of the supreme court elects to receive his

2-4 pension pursuant to subsection 4 of NRS 2.060 and his designated

2-5 beneficiary predeceases him, the payments to be made to the justice

2-6 pursuant to subsection 4 of NRS 2.060 must automatically be adjusted to

2-7 equal the amount provided pursuant to subsection 1, 2 or 3 of NRS

2-8 2.060, as appropriate.

2-9 2. A retired justice of the supreme court may cancel his election to

2-10 receive his pension pursuant to subsection 4 of NRS 2.060 and his

2-11 designation of beneficiary and may elect to receive his pension pursuant

2-12 to subsection 1, 2 or 3 of NRS 2.060, as appropriate. The retired justice

2-13 shall make this election by written designation, acknowledged and filed

2-14 with the court administrator. The written election must be accompanied

2-15 by a written, notarized acknowledgment of the change by the beneficiary

2-16 if the beneficiary is the spouse of the retired justice of the supreme court.

2-17 A retired justice who cancels his election to receive his pension pursuant

2-18 to subsection 4 of NRS 2.060 and to receive his pension pursuant to

2-19 subsection 1, 2 or 3 of NRS 2.060, as appropriate, does not abrogate any

2-20 obligation respecting community property.

2-21 3. The termination or adjustment of a retirement allowance resulting

2-22 from the death of a retired justice or beneficiary must not become

2-23 effective until the first day of the month immediately following the death

2-24 of the retired justice or beneficiary.

2-25 Sec. 4. NRS 2.060 is hereby amended to read as follows:

2-26 2.060 1. [Any] Except as otherwise provided in subsection 4, a

2-43 appropriation.

3-1 3. [Any] Except as otherwise provided in subsection 4, a justice of the

3-2 supreme court who qualifies for a pension under the provisions of

3-3 subsection 2 is entitled to receive, for each year served beyond 5 years up

3-4 to a maximum of 22 years, an additional 4.1666 percent of the sum

3-5 received as a salary for his judicial services during the last year thereof,

3-6 payable as provided in subsection 2.

3-7 4. [Any] In lieu of receiving a pension pursuant to subsection 1, 2 or

3-8 3, a justice of the supreme court may elect to receive as a pension

3-9 reduced payments that:

3-10 (a) Are payable every 2 weeks during the remainder of his life from

3-11 money provided by direct legislative appropriation; and

3-12 (b) Continue after his death for the life of the beneficiary whom he

3-13 nominates by written designation acknowledged and filed at the time of

3-14 retirement with the court administrator if the beneficiary survives him.

3-15 5. A justice of the supreme court who has retired pursuant to

3-16 subsection 3 or 4 and is thereafter recalled to additional active service in

3-17 the court system is entitled to receive :

3-18 (a) If he retired pursuant to subsection 3, credit toward accumulating

3-19 22 years’ service for the maximum pension ; or

3-20 (b) If he retired pursuant to subsection 4, credit toward the amount of

3-21 his pension,

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

3-23 [5.] 6. Any justice who has the years of service necessary to retire but

3-24 has not attained the required age may retire at any age with a benefit

3-25 actuarially reduced to the required retirement age. A benefit under this

3-26 subsection must be reduced in the same manner as benefits are reduced for

3-27 persons retired under the public employees’ retirement system.

3-28 [6.] 7. Any person receiving a pension pursuant to the provisions of

3-29 this section is entitled to receive post-retirement increases equal to those

3-30 provided for persons retired under the public employees’ retirement system.

3-31 [7.] 8. Any justice who desires to receive the benefits of this section

3-32 must file with the state controller and the state treasurer an affidavit setting

3-33 forth the fact that he is ending his service, the date and place of his birth,

3-34 and the years he has served in any district court or the supreme court.

3-35 [8.] 9. Upon such notice and filing of the affidavit, the state controller

3-36 shall draw his warrant, payable to the justice who has thus ended his

3-37 service, upon the state treasurer for the sum due to him, and the state

3-38 treasurer shall pay the sum out of money provided by direct legislative

3-39 appropriation.

3-40 [9.] 10. The faith of the State of Nevada is hereby pledged that this

3-41 section shall not be repealed or amended so as to affect any justice who

3-42 may have ended his service pursuant to it.

4-1 Sec. 5. NRS 2.070 is hereby amended to read as follows:

4-2 2.070 1. If a justice of the supreme court at the time of his death had

4-28 supreme court.

4-29 Sec. 6. NRS 2.075 is hereby amended to read as follows:

4-30 2.075 1. [Each] Unless a child of a deceased justice of the supreme

4-42 purpose of paying pension benefits to justices of the supreme court.

5-1 Sec. 7. Chapter 3 of NRS is hereby amended by adding thereto the

5-2 provisions set forth as sections 8 and 9 of this act.

5-3 Sec. 8. 1. A person who is named as a beneficiary pursuant to

5-4 subsection 4 of NRS 3.090 is entitled to receive the payments described

5-5 therein until his death. To obtain such payments, a beneficiary must file

5-6 an application with the court administrator and furnish such information

5-7 as may be required pursuant to reasonable regulations adopted to carry

5-8 out the intent of this section.

5-9 2. A beneficiary receiving payments pursuant to the provisions of this

5-10 section is entitled to receive post-retirement increases in an amount equal

5-11 to the amount provided for persons retired under the public employees’

5-12 retirement system.

5-13 3. It is the intent of this section that no special fund be created for

5-14 the purpose of paying benefits to a beneficiary pursuant to the provisions

5-15 of this section and that all such payments must be made out of and

5-16 charged to any fund created for the purpose of paying pension benefits to

5-17 district judges.

5-18 Sec. 9. 1. If a district judge elects to receive his pension pursuant

5-19 to subsection 4 of NRS 3.090 and his designated beneficiary predeceases

5-20 him, the payments to be made to the judge pursuant to subsection 4 of

5-21 NRS 3.090 must automatically be adjusted to equal the amount provided

5-22 pursuant to subsection 1, 2 or 3 of NRS 3.090, as appropriate.

5-23 2. A retired district judge may cancel his election to receive his

5-24 pension pursuant to subsection 4 of NRS 3.090 and his designation of

5-25 beneficiary and may elect to receive his pension pursuant to subsection 1,

5-26 2 or 3 of NRS 3.090, as appropriate. The retired judge shall make this

5-27 election by written designation, acknowledged and filed with the court

5-28 administrator. The written election must be accompanied by a written,

5-29 notarized acknowledgment of the change by the beneficiary if the

5-30 beneficiary is the spouse of the retired district judge. A retired judge who

5-31 cancels his election to receive his pension pursuant to subsection 4 of

5-32 NRS 3.090 and to receive his pension pursuant to subsection 1, 2 or 3 of

5-33 NRS 3.090, as appropriate, does not abrogate any obligation respecting

5-34 community property.

5-35 3. The termination or adjustment of a retirement allowance resulting

5-36 from the death of a retired judge or beneficiary must not become

5-37 effective until the first day of the month immediately following the death

5-38 of the retired judge or beneficiary.

5-39 Sec. 10. NRS 3.090 is hereby amended to read as follows:

5-40 3.090 1. [Any] Except as otherwise provided in subsection 4, a

5-43 or periods aggregating 22 years and has ended such service is, after

6-1 reaching the age of 60 years, entitled to receive annually from the State of

6-2 Nevada, as a pension during the remainder of his life, a sum of money

6-3 equal in amount to three-fourths the sum received as a salary for his judicial

6-4 services during the last year thereof, payable every 2 weeks from money

6-5 provided by direct legislative appropriation.

6-6 2. [Any] Except as otherwise provided in subsection 4, a judge of the

6-7 district court who has served as a justice of the supreme court or judge of a

6-8 district court in any one or more of those courts for a period or periods

6-9 aggregating 5 years and has ended such service is, after reaching the age of

6-10 60 years, entitled to receive annually from the State of Nevada, as a

6-11 pension during the remainder of his life, a sum of money equal in amount to

6-12 4.1666 percent of the sum received as a salary for his judicial services

6-13 during the last year thereof, payable every 2 weeks from money provided

6-14 by direct legislative appropriation.

6-15 3. [Any] Except as otherwise provided in subsection 4, a judge of the

6-16 district court who qualifies for a pension under the provisions of subsection

6-17 2 is entitled to receive, for each year served beyond 5 years up to a

6-18 maximum of 22 years, an additional 4.1666 percent of the sum received as

6-19 a salary for his judicial services during the last year thereof, payable as

6-20 provided in subsection 2.

6-21 4. [Any] In lieu of receiving a pension pursuant to subsection 1, 2 or

6-22 3, a district judge may elect to receive as a pension reduced payments

6-23 that:

6-24 (a) Are payable every 2 weeks during the remainder of his life from

6-25 money provided by direct legislative appropriation; and

6-26 (b) Continue after his death for the life of the beneficiary whom he

6-27 nominates by written designation acknowledged and filed at the time of

6-28 retirement with the court administrator if the beneficiary survives him.

6-29 5. A judge who has retired pursuant to subsection 3 or 4 and is

6-30 thereafter recalled to additional active service in the court system is entitled

6-31 to receive :

6-32 (a) If he retired pursuant to subsection 3, credit toward accumulating

6-33 22 years’ service for the maximum pension ; or

6-34 (b) If he retired pursuant to subsection 4, credit toward the amount of

6-35 his pension,

6-36 based upon the time he actually spends in the additional active service.

6-37 [5.] 6. Any district judge who has the years of service necessary to

6-38 retire but has not attained the required age may retire at any age with a

6-39 benefit actuarially reduced to the required retirement age. A retirement

6-40 benefit under this subsection must be reduced in the same manner as

6-41 benefits are reduced for persons retired under the public employees’

6-42 retirement system.

7-1 [6.] 7. Any person receiving a pension pursuant to the provisions of

7-2 this section is entitled to receive post-retirement increases equal to those

7-3 provided for persons retired in the public employees’ retirement system.

7-4 [7.] 8. Any judge of the district court who desires to receive the

7-5 benefits of this section must file with the state controller and the state

7-6 treasurer an affidavit setting forth the fact that he is ending his service, the

7-7 date and place of his birth, and the years he has served in any district court

7-8 or the supreme court.

7-9 [8.] 9. Upon such notice and filing of the affidavit, the state controller

7-10 shall draw his warrant, payable to the judge who has thus ended his service,

7-11 upon the state treasurer for the sum due to him, and the state treasurer shall

7-12 pay the sum out of money provided by direct legislative appropriation.

7-13 [9.] 10. The faith of the State of Nevada is hereby pledged that this

7-14 section shall not be repealed or amended so as to affect any judge of the

7-15 district court who may have ended his service pursuant to it.

7-16 Sec. 11. NRS 3.095 is hereby amended to read as follows:

7-17 3.095 1. If a district judge at the time of his death had retired and was

7-42 created for the purpose of paying pension benefits to district judges.

8-1 Sec. 12. NRS 3.097 is hereby amended to read as follows:

8-2 3.097 1. [Each] Unless a child of a deceased district judge is

8-14 purpose of paying pension benefits to district judges.

8-15 Sec. 13. The amendatory provisions of this act, which provide for

8-16 certain increases in the benefits of surviving spouses, children and other

8-17 beneficiaries of justices of the supreme court and district judges, apply only

8-18 to payments of benefits made on or after July 1, 1999.

8-19 Sec. 14. This act becomes effective on July 1, 1999.