Senate Bill No. 409–Committee on Finance

 

(On Behalf of the Nevada Judges Association)

 

March 24, 2003

____________

 

Referred to Committee on Finance

 

SUMMARY—Authorizes justices of the peace and municipal judges to participate in Judicial Retirement Plan under certain circumstances. (BDR 1‑414)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the judiciary; authorizing in skeleton form justices of the peace and municipal judges to participate in the Judicial Retirement Plan under certain circumstances; 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. Chapter 1A of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  A justice of the peace or municipal judge may participate

1-4  in the Judicial Retirement Plan if:

1-5  (a) The board of county commissioners elects to allow the

1-6  justices of the peace of the county or the city council elects to

1-7  allow the municipal judges of the city to participate in the Judicial

1-8  Retirement Plan; and

1-9  (b) The justice of the peace or the municipal judge elects to

1-10  participate in the Judicial Retirement Plan.

1-11      2.  If the board of county commissioners rescinds its election

1-12  to allow the justices of the peace of the county or the city council

1-13  rescinds its election to allow the municipal judges of the city to

1-14  participate in the Judicial Retirement Plan, any justice of the

2-1  peace or municipal judge who elected to participate in the Judicial

2-2  Retirement Plan before the effective date of the rescission is

2-3  entitled to continue to participate in the Judicial Retirement Plan.

2-4  3.  A justice of the peace or municipal judge who is a member

2-5  of the Public Employees’ Retirement System established pursuant

2-6  to chapter 286 of NRS on the date that he elects to participate in

2-7  the Judicial Retirement Plan must give written notice to the Board

2-8  of his intention to withdraw from the Public Employees’

2-9  Retirement System and to become a member of the Judicial

2-10  Retirement Plan.

2-11      4.  If the Board receives notice pursuant to this section that a

2-12  justice of the peace or municipal judge intends to withdraw from

2-13  the Public Employees’ Retirement System, it shall transfer from

2-14  the Public Employees’ Retirement Fund to the Judicial Retirement

2-15  Plan the accrued actuarial liability and credit for service earned

2-16  by the justice or judge while a member of the Public Employees’

2-17  Retirement System as determined by an actuary of the Judicial

2-18  Retirement System. The service so transferred must be accredited

2-19  under the Judicial Retirement Plan as if performed in the Public

2-20  Employees’ Retirement System.

2-21      Sec. 2.  NRS 1A.030 is hereby amended to read as follows:

2-22      1A.030  1.  “Compensation” means the salary paid to a justice

2-23  of the Supreme Court or district judge by this state , to a justice of

2-24  the peace by a county or to a municipal judge by a city, including:

2-25      (a) Base pay, which is the monthly rate of pay excluding all

2-26  fringe benefits;

2-27      (b) Additional payment for longevity; and

2-28      (c) Payment for extra duty assignments if it is the standard

2-29  practice of this state to include such pay in the employment contract

2-30  or official job description for the calendar year in which it is paid

2-31  and such pay is specifically included in the justice’s or judge’s

2-32  employment contract or official job description.

2-33      2.  The term does not include any type of payment not

2-34  specifically described in this section.

2-35      Sec. 3.  NRS 1A.060 is hereby amended to read as follows:

2-36      1A.060  “Retired justice or judge” means a justice of the

2-37  Supreme Court , [or] district judge , justice of the peace or

2-38  municipal judge who was a member of the Judicial Retirement Plan

2-39  at the time he retired or a justice of the Supreme Court or district

2-40  judge who decides, pursuant to NRS 1A.270 or 1A.280, to receive

2-41  benefits for retirement pursuant to the Judicial Retirement Plan.

2-42      Sec. 4.  NRS 1A.180 is hereby amended to read as follows:

2-43      1A.180  1.  Beginning July 1, 2003, the Court Administrator

2-44  shall submit to the System for deposit in the Judicial Retirement

2-45  Fund on behalf of each justice of the Supreme Court or district

3-1  judge who is a member of the System the percentage of

3-2  compensation of the member that is determined by the actuary of the

3-3  System to be required to pay the normal cost incurred in making

3-4  payments for such members pursuant to subsection 5 of NRS

3-5  1A.160 and [any] the administrative expenses of the System[.] that

3-6  are attributable to such members. Such payments must be:

3-7  (a) Accompanied by payroll reports that include information

3-8  deemed necessary by the Board to carry out its duties; and

3-9  (b) Received by the System not later than 15 days after the

3-10  calendar month for which the compensation and service credits of

3-11  members of the System are reported and certified by the Court

3-12  Administrator. The compensation must be reported separately for

3-13  each month that it is paid.

3-14      2.  Beginning July 1, 2003, the Court Administrator shall pay to

3-15  the System for deposit in the Judicial Retirement Fund from any

3-16  fund created for the purpose of paying pension benefits to justices of

3-17  the Supreme Court or district judges an amount as the contribution

3-18  of the State of Nevada as employer which is actuarially determined

3-19  to be sufficient to provide the System with enough money to pay

3-20  [all] the benefits for justices of the Supreme Court and district

3-21  judges for which the System will be liable.

3-22      3.  Upon the participation of a justice of the peace or

3-23  municipal judge in the Judicial Retirement Plan pursuant to

3-24  section 1 of this act, the county or city shall submit to the System

3-25  for deposit in the Judicial Retirement Fund on behalf of each

3-26  justice of the peace or municipal judge who is a member of the

3-27  System the percentage of compensation of the member that is

3-28  determined by the actuary of the System to be required to pay the

3-29  normal cost incurred in making payments for such members

3-30  pursuant to subsection 5 of NRS 1A.160 and the administrative

3-31  expenses of the System that are attributable to such members.

3-32  Such payments must be:

3-33      (a) Accompanied by payroll reports that include information

3-34  deemed necessary by the Board to carry out its duties; and

3-35      (b) Received by the System not later than 15 days after the

3-36  calendar month for which the compensation and service credits of

3-37  members of the System are reported and certified by the county or

3-38  city. The compensation must be reported separately for each

3-39  month that it is paid.

3-40      4.  Upon the participation of a justice of the peace or

3-41  municipal judge in the Judicial Retirement Plan pursuant to

3-42  section 1 of this act, the county or city shall pay to the System for

3-43  deposit in the Judicial Retirement Fund an amount as the

3-44  contribution of the county or city as employer which is actuarially

3-45  determined to be sufficient to provide the System with enough

4-1  money to pay the benefits for justices of the peace and municipal

4-2  judges for which the System will be liable.

4-3  Sec. 5.  This act becomes effective upon passage and approval.

 

4-4  H