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 for 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.  Each justice of the peace or municipal judge who is

1-12  allowed and who elects to participate in the Judicial Retirement

1-13  Plan pursuant to this section must receive benefits for retirement,

1-14  benefits for disability and survivor benefits under the Judicial

2-1  Retirement Plan, if eligible to receive such benefits under the

2-2  Judicial Retirement Plan.

2-3  3.  If the board of county commissioners rescinds its election

2-4  to allow the justices of the peace of the county or the city council

2-5  rescinds its election to allow the municipal judges of the city to

2-6  participate in the Judicial Retirement Plan, any justice of the

2-7  peace or municipal judge who elected to participate in the Judicial

2-8  Retirement Plan before the effective date of the rescission is

2-9  entitled to continue to participate in the Judicial Retirement Plan.

2-10      4.  A justice of the peace or municipal judge who is a member

2-11  of the Public Employees’ Retirement System established pursuant

2-12  to chapter 286 of NRS on the date that he elects to participate in

2-13  the Judicial Retirement Plan must give written notice to the Board

2-14  of his intention to withdraw from the Public Employees’

2-15  Retirement System and to become a member of the Judicial

2-16  Retirement Plan.

2-17      5.  If the Board receives notice pursuant to this section that a

2-18  justice of the peace or municipal judge intends to withdraw from

2-19  the Public Employees’ Retirement System, it shall transfer from

2-20  the Public Employees’ Retirement Fund to the Judicial Retirement

2-21  Plan the accrued actuarial liability and credit for service earned

2-22  by the justice or judge while a member of the Public Employees’

2-23  Retirement System as determined by an actuary of the Judicial

2-24  Retirement System. The service so transferred must be accredited

2-25  under the Judicial Retirement Plan as if performed in the Public

2-26  Employees’ Retirement System.

2-27      6.  A justice of the peace or municipal judge who exercises the

2-28  option granted by this section may not reestablish the service for

2-29  which the liabilities were transferred.

2-30      7.  No justice of the peace or municipal judge or survivor of a

2-31  justice of the peace or municipal judge may receive benefits under

2-32  both this chapter and chapter 286 of NRS.

2-33      8.  A justice of the peace or municipal judge or survivor of a

2-34  justice of the peace or municipal judge who is receiving a

2-35  retirement allowance from the Public Employees’ Retirement

2-36  System on July 1, 2003, is not eligible for transfer to the Judicial

2-37  Retirement Plan.

2-38      Sec. 2.  NRS 1A.030 is hereby amended to read as follows:

2-39      1A.030  1.  “Compensation” means the salary paid to a justice

2-40  of the Supreme Court or district judge by this state , to a justice of

2-41  the peace by a county or to a municipal judge by a city, including:

2-42      (a) Base pay, which is the monthly rate of pay excluding all

2-43  fringe benefits;

2-44      (b) Additional payment for longevity; and

3-1  (c) Payment for extra duty assignments if it is the standard

3-2  practice of this state to include such pay in the employment contract

3-3  or official job description for the calendar year in which it is paid

3-4  and such pay is specifically included in the justice’s or judge’s

3-5  employment contract or official job description.

3-6  2.  The term does not include any type of payment not

3-7  specifically described in this section.

3-8  Sec. 3.  NRS 1A.040 is hereby amended to read as follows:

3-9  1A.040 “Disability retirement allowance” means monthly

3-10  payments from the Judicial Retirement Fund paid to disabled retired

3-11  justices of the Supreme Court , [or] district judges , justices of the

3-12  peace or municipal judges pursuant to the Judicial Retirement Plan.

3-13      Sec. 4.  NRS 1A.060 is hereby amended to read as follows:

3-14      1A.060  “Retired justice or judge” means a justice of the

3-15  Supreme Court , [or] district judge , justice of the peace or

3-16  municipal judge who was a member of the Judicial Retirement Plan

3-17  at the time he retired or a justice of the Supreme Court or district

3-18  judge who decides, pursuant to NRS 1A.270 or 1A.280, to receive

3-19  benefits for retirement pursuant to the Judicial Retirement Plan.

3-20      Sec. 5.  NRS 1A.070 is hereby amended to read as follows:

3-21      1A.070 “Service” means all creditable employment which is

3-22  validated pursuant to the provisions of this chapter and can be used

3-23  in determining eligibility and scope of benefits for justices of the

3-24  Supreme Court , [or] district judges , justices of the peace or

3-25  municipal judges pursuant to the Judicial Retirement Plan.

3-26      Sec. 6.  NRS 1A.080 is hereby amended to read as follows:

3-27      1A.080 “Service retirement allowance” means monthly

3-28  payments from the Judicial Retirement Fund paid to a retired justice

3-29  of the Supreme Court , [or] district judge , justice of the peace or

3-30  municipal judge pursuant to the Judicial Retirement Plan for the

3-31  remainder of his life.

3-32      Sec. 7.  NRS 1A.100 is hereby amended to read as follows:

3-33      1A.100 1.  A system of retirement providing benefits for the

3-34  retirement, disability or death of all justices of the Supreme Court

3-35  and district judges , and certain justices of the peace and municipal

3-36  judges, and funded on an actuarial reserve basis is hereby

3-37  established and must be known as the Judicial Retirement System.

3-38      2.  The System consists of the Judicial Retirement Plan and the

3-39  provisions set forth in NRS 2.060 to 2.083, inclusive, and 3.090 to

3-40  3.099, inclusive, for providing benefits to justices of the Supreme

3-41  Court or district judges who served either as a justice of the

3-42  Supreme Court or district judge before November 5, 2002. Each

3-43  justice of the Supreme Court or district judge who is not a member

3-44  of the Public Employees’ Retirement System is a member of the

3-45  Judicial Retirement System.

4-1  3.  The official correspondence and records, other than the files

4-2  of individual members of the System or retired justices or judges,

4-3  and the minutes and books of the System are public records and are

4-4  available for public inspection.

4-5  4.  The System must be administered exclusively by the Board,

4-6  which shall make all necessary rules and regulations for the

4-7  administration of the System. The rules must include, without

4-8  limitation, rules relating to the administration of the retirement plans

4-9  in accordance with federal law. The Legislature shall regularly

4-10  review the System.

4-11      Sec. 8.  NRS 1A.110 is hereby amended to read as follows:

4-12      1A.110 All records maintained for a member of the System,

4-13  retired justice or judge, justice of the Supreme Court or district

4-14  judge who retired pursuant to NRS 2.060 to 2.083, inclusive, or

4-15  pursuant to NRS 3.090 to 3.099, inclusive, or his beneficiary may be

4-16  reviewed and copied only by the System, the member, the Court

4-17  Administrator, the board of county commissioners if the records

4-18  concern a justice of the peace or retired justice of the peace whom

4-19  the board of county commissioners allowed to participate in the

4-20  Judicial Retirement Plan pursuant to section 1 of this act, the city

4-21  council if the records concern a municipal judge or retired

4-22  municipal judge whom the city council allowed to participate in

4-23  the Judicial Retirement Plan pursuant to section 1 of this act, the

4-24  spouse of the member, or the retired justice or judge or his spouse,

4-25  or pursuant to a court order, or by a beneficiary after the death of the

4-26  justice or judge on whose account benefits are received pursuant to

4-27  the System. Any member, retired justice or judge, justice of the

4-28  Supreme Court or district judge who retired pursuant to NRS 2.060

4-29  to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099, inclusive, or

4-30  beneficiary may submit a written waiver to the System authorizing

4-31  his representative to review or copy all such records.

4-32      Sec. 9.  NRS 1A.160 is hereby amended to read as follows:

4-33      1A.160  1.  The Judicial Retirement Fund is hereby

4-34  established as a trust fund.

4-35      2.  It is hereby declared to be the policy of the Legislature that

4-36  the Judicial Retirement Fund is established to afford a degree of

4-37  security to long-time justices of the Supreme Court , [and] district

4-38  judges , justices of the peace and municipal judges in this state.

4-39  The money in the Fund must not be used or appropriated for any

4-40  purpose incompatible with the provisions of this chapter or NRS

4-41  2.060 to 2.083, inclusive, or 3.090 to 3.099, inclusive. The Fund

4-42  must be invested and administered to ensure the highest return

4-43  consistent with safety in accordance with accepted investment

4-44  practices.

5-1  3.  All money appropriated by the Legislature to the Judicial

5-2  Retirement Fund, all money submitted to the System for deposit in

5-3  the Fund pursuant to NRS 1A.180 and all income accruing to the

5-4  Fund from all other sources must be deposited in the Fund.

5-5  4.  The interest and income earned on the money in the Judicial

5-6  Retirement Fund, after deducting any applicable charges, must be

5-7  credited to the Fund.

5-8  5.  The System must pay all retirement allowances, benefits,

5-9  optional settlements and other obligations or payments payable by

5-10  the System pursuant to this chapter and NRS 2.060 to 2.083,

5-11  inclusive, and 3.090 to 3.099, inclusive, from the Judicial

5-12  Retirement Fund. The money in the Fund must be expended by the

5-13  Board for the payment of expenses authorized by law to be paid

5-14  from the Fund.

5-15      Sec. 10.  NRS 1A.180 is hereby amended to read as follows:

5-16      1A.180  1.  Beginning July 1, 2003, the Court Administrator

5-17  shall submit to the System for deposit in the Judicial Retirement

5-18  Fund on behalf of each justice of the Supreme Court or district

5-19  judge who is a member of the System the percentage of

5-20  compensation of the member that is determined by the actuary of the

5-21  System to be required to pay the normal cost incurred in making

5-22  payments for such members pursuant to subsection 5 of NRS

5-23  1A.160 and [any] the administrative expenses of the System[.] that

5-24  are attributable to such members. Such payments must be:

5-25      (a) Accompanied by payroll reports that include information

5-26  deemed necessary by the Board to carry out its duties; and

5-27      (b) Received by the System not later than 15 days after the

5-28  calendar month for which the compensation and service credits of

5-29  members of the System are reported and certified by the Court

5-30  Administrator. The compensation must be reported separately for

5-31  each month that it is paid.

5-32      2.  Beginning July 1, 2003, the Court Administrator shall pay to

5-33  the System for deposit in the Judicial Retirement Fund from any

5-34  fund created for the purpose of paying pension benefits to justices of

5-35  the Supreme Court or district judges an amount as the contribution

5-36  of the State of Nevada as employer which is actuarially determined

5-37  to be sufficient to provide the System with enough money to pay

5-38  [all] the benefits for justices of the Supreme Court and district

5-39  judges for which the System will be liable.

5-40      3.  Upon the participation of a justice of the peace or

5-41  municipal judge in the Judicial Retirement Plan pursuant to

5-42  section 1 of this act, the county or city shall submit to the System

5-43  for deposit in the Judicial Retirement Fund on behalf of each

5-44  justice of the peace or municipal judge who is a member of the

5-45  System the percentage of compensation of the member that is

6-1  determined by the actuary of the System to be required to pay the

6-2  normal cost incurred in making payments for such members

6-3  pursuant to subsection 5 of NRS 1A.160 and the administrative

6-4  expenses of the System that are attributable to such members.

6-5  Such payments must be:

6-6  (a) Accompanied by payroll reports that include information

6-7  deemed necessary by the Board to carry out its duties; and

6-8  (b) Received by the System not later than 15 days after the

6-9  calendar month for which the compensation and service credits of

6-10  members of the System are reported and certified by the county or

6-11  city. The compensation must be reported separately for each

6-12  month that it is paid.

6-13      4.  Upon the participation of a justice of the peace or

6-14  municipal judge in the Judicial Retirement Plan pursuant to

6-15  section 1 of this act, the county or city shall pay to the System for

6-16  deposit in the Judicial Retirement Fund an amount as the

6-17  contribution of the county or city as employer which is actuarially

6-18  determined to be sufficient to provide the System with enough

6-19  money to pay the benefits for justices of the peace and municipal

6-20  judges for which the System will be liable.

6-21      Sec. 11.  NRS 1A.220 is hereby amended to read as follows:

6-22      1A.220 1.  The Board, subject to the limitations of this

6-23  chapter, is responsible for managing the System.

6-24      2.  The Board shall:

6-25      (a) Arrange for a biennial actuarial valuation and report of the

6-26  actuarial soundness of the System to be prepared by an independent

6-27  actuary based upon data compiled and supplied by employees of the

6-28  System, and shall adopt actuarial tables and formula prepared and

6-29  recommended by the actuary;

6-30      (b) Provide for a biennial audit of the System, including, without

6-31  limitation, the Judicial Retirement Administrative Fund, by an

6-32  independent certified public accountant; and

6-33      (c) Provide an annual report concerning the Judicial Retirement

6-34  System established pursuant to this chapter to the Court

6-35  Administrator, each board of county commissioners that allows a

6-36  justice of the peace to participate in the Judicial Retirement Plan

6-37  pursuant to section 1 of this act, each city council that allows a

6-38  municipal judge to participate in the Judicial Retirement Plan

6-39  pursuant to section 1 of this act, the Governor and each member of

6-40  the Legislature, and make the report available to all members of the

6-41  Judicial Retirement System upon request. The report must contain,

6-42  when available, a review of the actuarial valuation required by

6-43  paragraph (a).

6-44      3.  The Board may:

7-1  (a) Adjust the service or correct the records, allowance or

7-2  benefits of any member of the System, retired justice or judge or

7-3  beneficiary after an error or inequity has been determined, and

7-4  require repayment of any money determined to have been paid by

7-5  the System in error, if the money was paid within 6 years before

7-6  demand for its repayment.

7-7  (b) Examine and copy personnel and financial records of [a] :

7-8       (1) A justice of the Supreme Court or district judge that are

7-9  maintained by the Court Administrator.

7-10          (2) A justice of the peace who participates in the Judicial

7-11  Retirement Plan pursuant to section 1 of this act that are

7-12  maintained by a county.

7-13          (3) A municipal judge who participates in the Judicial

7-14  Retirement Plan pursuant to section 1 of this act that are

7-15  maintained by a city.

7-16      (c) Require an annual notarized statement from a retired justice

7-17  or judge or beneficiary that he is in fact receiving an allowance or

7-18  benefits, and withhold the allowance or benefits if he fails to

7-19  provide the statement.

7-20      4.  As used in this section, “error or inequity” means the

7-21  existence of extenuating circumstances, including, without

7-22  limitation, a member’s reasonable and detrimental reliance on

7-23  representations made by the System which prove to be erroneous, or

7-24  the mental incapacity of the member.

7-25      Sec. 12.  NRS 1A.250 is hereby amended to read as follows:

7-26      1A.250  Except as specifically provided in this chapter, the

7-27  accounts of members of the System and recipients of benefits of the

7-28  System must be administered in accordance with the provisions of

7-29  chapter 286 of NRS as if the justice of the Supreme Court , [or] the

7-30  district judge , the justice of the peace or the municipal judge were

7-31  or had been a member of the Public Employees’ Retirement System.

7-32      Sec. 13.  NRS 1A.260 is hereby amended to read as follows:

7-33      1A.260  1.  No person may become a member of the Judicial

7-34  Retirement System unless he is a justice of the Supreme Court or a

7-35  district judge [.] , or a justice of the peace or municipal judge who

7-36  is allowed and elects to participate in the Judicial Retirement Plan

7-37  pursuant to section 1 of this act.

7-38      2.  Except as otherwise provided in NRS 1A.370, persons

7-39  retired under the provisions of this chapter who are employed as a

7-40  justice of the Supreme Court , [or] district judge , justice of the

7-41  peace or municipal judge in any judicial capacity, including,

7-42  without limitation, employment as a senior justice , [or] senior judge

7-43  , senior justice of the peace or senior municipal judge of the

7-44  Nevada Court System, are not eligible to become members of the

7-45  System.

8-1  Sec. 14.  NRS 1A.290 is hereby amended to read as follows:

8-2  1A.290  1.  Membership of a justice of the Supreme Court or a

8-3  district judge in the System terminates upon:

8-4  (a) The death of [a] the member;

8-5  (b) Receipt of retirement allowances by [a] the member of the

8-6  Judicial Retirement Plan or retirement benefits pursuant to NRS

8-7  2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099,

8-8  inclusive; or

8-9  (c) Receipt of disability allowances by [a] the member of the

8-10  Judicial Retirement Plan or disability benefits pursuant to NRS

8-11  2.060 to 2.083, inclusive, or pursuant to NRS 3.090 to 3.099,

8-12  inclusive.

8-13      2.  Membership of a justice of the peace or municipal judge in

8-14  the System terminates upon:

8-15      (a) The death of the member;

8-16      (b) Receipt of retirement allowances; or

8-17      (c) Receipt of disability allowances.

8-18      3.  A retired justice or judge is not entitled to any right

8-19  conferred by this chapter upon a member of the System unless the

8-20  provision conferring that right expressly states that it is conferred

8-21  upon a retired justice or judge.

8-22      [3.] 4.  A justice of the Supreme Court or a district judge who

8-23  retired pursuant to NRS 2.060 to 2.083, inclusive, or pursuant to

8-24  NRS 3.090 to 3.099, inclusive, is not entitled to any right conferred

8-25  by this chapter upon a member of the System unless the provision

8-26  conferring that right expressly states that it is conferred upon a

8-27  justice or judge who retired pursuant to NRS 2.060 to 2.083,

8-28  inclusive, or pursuant to NRS 3.090 to 3.099, inclusive.

8-29      Sec. 15.  NRS 1A.300 is hereby amended to read as follows:

8-30      1A.300  1.  A plan under which all justices of the Supreme

8-31  Court and district judges who are elected or appointed for the first

8-32  time as either a justice of the Supreme Court or district judge on or

8-33  after November 5, 2002, and who take office on or after January 1,

8-34  2003, and who do not elect to remain in the Public Employees’

8-35  Retirement System, if eligible to do so, must receive benefits for

8-36  retirement, disability and death , and under which justices of the

8-37  peace and municipal judges who are allowed to participate in the

8-38  plan pursuant to section 1 of this act may receive benefits for

8-39  retirement, disability and death, is hereby established and must be

8-40  known as the Judicial Retirement Plan.

8-41      2.  Each justice of the Supreme Court or district judge elected

8-42  or appointed for the first time as either a justice of the Supreme

8-43  Court or district judge on or after November 5, 2002, and who takes

8-44  office on or after January 1, 2003, and who does not elect pursuant

8-45  to NRS 1A.280 to remain in the Public Employees’ Retirement

9-1  System, if eligible to do so, is a member of the Judicial Retirement

9-2  Plan.

9-3  3.  Each justice of the peace and municipal court judge who is

9-4  allowed and who elects to participate in the Judicial Retirement

9-5  Plan pursuant to section 1 of this act is a member of the Judicial

9-6  Retirement Plan.

9-7  4.  Benefits are earned pursuant to the Judicial Retirement Plan

9-8  in the manner set forth in NRS 1A.120 to 1A.150, inclusive,

9-9  1A.190, 1A.240 and 1A.310 to 1A.670, inclusive.

9-10      Sec. 16.  NRS 1A.360 is hereby amended to read as follows:

9-11      1A.360 1.  Except as otherwise provided in subsection 4 and

9-12  NRS 1A.370 and 1A.380, if a retired justice or judge accepts

9-13  employment as a justice of the Supreme Court , [or] district judge ,

9-14  justice of the peace or municipal judge in any judicial capacity,

9-15  including, without limitation, employment as a senior justice , [or]

9-16  senior judge , senior justice of the peace or senior municipal judge

9-17  of the Nevada Court System, he is disqualified from receiving any

9-18  allowances under the Judicial Retirement Plan for the duration of his

9-19  active service.

9-20      2.  If a retired justice or judge accepts any employment other

9-21  than that described in subsection 1, the justice or judge is entitled to

9-22  the same allowances as a retired justice or judge who has no

9-23  employment.

9-24      3.  If a retired justice or judge who accepts employment as a

9-25  justice of the Supreme Court , [or] district judge , justice of the

9-26  peace or municipal judge in a judicial capacity pursuant to this

9-27  section elects not to reenroll in the Judicial Retirement Plan

9-28  pursuant to subsection 1 of NRS 1A.370, the Court Administrator if

9-29  the retired justice or judge is a justice of the Supreme Court or a

9-30  district judge, the county if the retired justice or judge is a justice

9-31  of the peace or the city if the retired justice or judge is a municipal

9-32  judge, may pay contributions on behalf of the retired justice or

9-33  judge to a retirement fund which is not a part of the Judicial

9-34  Retirement Plan in an amount not to exceed the amount of the

9-35  contributions that the Court Administrator , county or city would

9-36  pay to the System on behalf of a participating justice or judge who is

9-37  employed in a similar position.

9-38      4.  The System may waive , for one period of 30 days or less , a

9-39  retired [justice’s] justice of the Supreme Court’s or district judge’s

9-40  disqualification under this section if the Chief Justice of the

9-41  Supreme Court certifies in writing, in advance, that the retired

9-42  justice or judge is recalled to meet an emergency and that no other

9-43  qualified person is immediately available. The System may waive,

9-44  for one period of 30 days or less, a retired justice of the peace’s

9-45  disqualification under this section if the county commission of the

10-1  jurisdiction in which the justice of the peace is to be assigned

10-2  certifies in writing, in advance, that the retired justice of the peace

10-3  is recalled to meet an emergency and that no other qualified

10-4  person is immediately available. The System may waive, for one

10-5  period of 30 days or less, a retired municipal judge’s

10-6  disqualification under this section if the city council of the

10-7  jurisdiction in which the municipal judge is to be assigned certifies

10-8  in writing, in advance, that the retired municipal judge is recalled

10-9  to meet an emergency and that no other qualified person is

10-10  immediately available.

10-11     Sec. 17.  NRS 1A.360 is hereby amended to read as follows:

10-12     1A.360 1.  Except as otherwise provided in subsection 4 and

10-13  NRS 1A.370, if a retired justice or judge accepts employment as a

10-14  justice of the Supreme Court , [or] district judge , justice of the

10-15  peace or municipal judge in any judicial capacity, including,

10-16  without limitation, employment as a senior justice , [or] senior judge

10-17  , senior justice of the peace or senior municipal judge of the

10-18  Nevada Court System, he is disqualified from receiving any

10-19  allowances under the Judicial Retirement Plan for the duration of his

10-20  active service.

10-21     2.  If a retired justice or judge accepts any employment other

10-22  than that described in subsection 1, the justice or judge is entitled to

10-23  the same allowances as a retired justice or judge who has no

10-24  employment.

10-25     3.  If a retired justice or judge who accepts employment as a

10-26  justice of the Supreme Court , [or] district judge , justice of the

10-27  peace or municipal judge in a judicial capacity pursuant to this

10-28  section elects not to reenroll in the Judicial Retirement Plan

10-29  pursuant to subsection 1 of NRS 1A.370, the Court Administrator if

10-30  the retired justice or judge is a justice of the Supreme Court or a

10-31  district judge, the county if the retired justice or judge is a justice

10-32  of the peace or the city if the retired justice or judge is a municipal

10-33  judge, may pay contributions on behalf of the retired justice or

10-34  judge to a retirement fund which is not a part of the Judicial

10-35  Retirement Plan in an amount not to exceed the amount of the

10-36  contributions that the Court Administrator , county or city would

10-37  pay to the System on behalf of a participating justice or judge who is

10-38  employed in a similar position.

10-39     4.  The System may waive , for one period of 30 days or less , a

10-40  retired [justice’s] justice of the Supreme Court’s or district judge’s

10-41  disqualification under this section if the Chief Justice of the

10-42  Supreme Court certifies in writing, in advance, that the retired

10-43  justice or judge is recalled to meet an emergency and that no other

10-44  qualified person is immediately available. The System may waive,

10-45  for one period of 30 days or less, a retired justice of the peace’s

11-1  disqualification under this section if the county commission of the

11-2  jurisdiction in which the justice of the peace is to be assigned

11-3  certifies in writing, in advance, that the retired justice of the peace

11-4  is recalled to meet an emergency and that no other qualified

11-5  person is immediately available. The System may waive, for one

11-6  period of 30 days or less, a retired municipal judge’s

11-7  disqualification under this section if the city council of the

11-8  jurisdiction in which the municipal judge is to be assigned certifies

11-9  in writing, in advance, that the retired municipal judge is recalled

11-10  to meet an emergency and that no other qualified person is

11-11  immediately available.

11-12     Sec. 18.  NRS 1A.370 is hereby amended to read as follows:

11-13     1A.370 1.  A retired justice or judge who accepts employment

11-14  as a justice of the Supreme Court , [or] district judge , justice of the

11-15  peace or municipal judge in any judicial capacity, including,

11-16  without limitation, employment as a senior justice , [or] senior judge

11-17  , senior justice of the peace or senior municipal judge of the

11-18  Nevada Court System, may enroll in the Judicial Retirement Plan as

11-19  of the effective date of that employment. As of the date of

11-20  enrollment:

11-21     (a) He forfeits all retirement allowances for the duration of that

11-22  employment; and

11-23     (b) Except as otherwise required as a result of NRS 1A.400 or

11-24  1A.410, if the duration of the employment is at least 6 months, he

11-25  gains additional service credit for that employment and is entitled to

11-26  have a separate service retirement allowance calculated based on his

11-27  compensation and service, effective upon the termination of that

11-28  employment. If the duration of the employment is:

11-29         (1) Less than 5 years, the additional allowance must be added

11-30  to his original allowance and must be under the same option and

11-31  designated the same beneficiary as the original allowance; or

11-32         (2) Five years or more, the additional allowance may be

11-33  under any option and designate any beneficiary in accordance with

11-34  NRS 1A.430.

11-35     2.  The original service retirement allowance of such a retired

11-36  justice or judge must not be recalculated based upon the additional

11-37  service credit, nor is he entitled to any of the rights of membership

11-38  that were not in effect at the time of his original retirement. The

11-39  accrual of service credit pursuant to this section is subject to the

11-40  limits imposed by:

11-41     (a) NRS 1A.440; and

11-42     (b) Section 415 of the Internal Revenue Code, 26 U.S.C. § 415.

11-43     3.  Except as otherwise required as a result of NRS 1A.400 or

11-44  1A.410, a retired justice or judge who has been receiving a

11-45  retirement allowance pursuant to the Judicial Retirement Plan and

12-1  who is reemployed and is enrolled in the Plan for at least 5 years

12-2  may have his additional credit for service added to his previous

12-3  credit for service. This additional credit for service must not apply

12-4  to more than one period of employment after the original retirement.

12-5      4.  The survivor of a deceased member of the Judicial

12-6  Retirement Plan who had previously retired and was reemployed

12-7  and enrolled in the Plan, who qualifies for benefits pursuant to NRS

12-8  1A.340 and 1A.530 to 1A.670, inclusive, is eligible for the benefits

12-9  based on the service accrued through the second period of

12-10  employment.

12-11     Sec. 19.  NRS 1A.380 is hereby amended to read as follows:

12-12     1A.380  1.  The provisions of subsection 1 of NRS 1A.360 do

12-13  not apply to a retired justice or judge who accepts employment as a

12-14  justice of the Supreme Court , [or] district judge , justice of the

12-15  peace or municipal judge in a judicial capacity if:

12-16     (a) He fills a position for which there is a critical labor shortage;

12-17  and

12-18     (b) At the time of his reemployment, he is receiving:

12-19         (1) An unmodified benefit; or

12-20         (2) A benefit actuarially reduced pursuant to subsection 2 of

12-21  NRS 1A.350 and has reached the required age at which he could

12-22  have retired with an unmodified benefit.

12-23     2.  A retired justice or judge who is reemployed under the

12-24  circumstances set forth in subsection 1 may reenroll in the Judicial

12-25  Retirement Plan as provided in NRS 1A.370.

12-26     3.  The Supreme Court shall designate positions in the Judicial

12-27  Branch of State Government for which there are critical labor

12-28  shortages.

12-29     Sec. 20.  NRS 1A.440 is hereby amended to read as follows:

12-30     1A.440  Except as otherwise required as a result of NRS

12-31  1A.400 or 1A.410:

12-32     1.  Except as otherwise provided in this subsection, a monthly

12-33  service retirement allowance must be determined by multiplying a

12-34  member of the Judicial Retirement Plan’s average compensation by

12-35  3.4091 percent for each year of service, except that a member of the

12-36  Plan is entitled to a benefit of not more than 75 percent of his

12-37  average compensation with his eligibility for service credit ceasing

12-38  at 22 years of service.

12-39     2.  For the purposes of this section, “average compensation”

12-40  means the average of a member of the Plan’s 36 consecutive months

12-41  of highest compensation as certified by the Court Administrator [.]

12-42  if the member is a justice of the Supreme Court or a district judge,

12-43  by the county if the member is a justice of the peace or by the city

12-44  if the member is a municipal judge.

 

13-1      Sec. 21.  NRS 1A.470 is hereby amended to read as follows:

13-2      1A.470 1.  In addition to the options provided in NRS

13-3  287.023 and subject to the requirements of that section, any justice

13-4  of the Supreme Court , [or] district judge , justice of the peace or

13-5  municipal judge who retires under the conditions set forth in NRS

13-6  1A.350 and, at the time of his retirement, was covered or had his

13-7  dependents covered by any group insurance or medical and hospital

13-8  service established pursuant to NRS 287.010 and 287.020, has the

13-9  option of having the Executive Officer of the Board deduct and pay

13-10  his premium or contribution for that group insurance or medical and

13-11  hospital service coverage, as well as the amount due or to become

13-12  due upon any obligation designated by the Board pursuant to

13-13  subsection 2, from his monthly retirement allowance until:

13-14     (a) He notifies the Executive Officer of the Board to discontinue

13-15  the deduction; or

13-16     (b) Any of his dependents elect to assume the premium or

13-17  contribution applicable to the dependent’s coverage before the death

13-18  of such a retired justice or judge and continue coverage pursuant to

13-19  NRS 287.023 after his death.

13-20     2.  The Board may adopt regulations to carry out the provisions

13-21  of subsection 1, including, without limitation, regulations governing

13-22  the number and types of obligations, amounts for the payment of

13-23  which may be deducted and paid by the Board at the option of the

13-24  retired justice or judge pursuant to this section.

13-25     3.  The Executive Officer of the Board, the Board and the

13-26  System are not liable for any damages resulting from errors or

13-27  omissions concerning the deductions and payment of premiums or

13-28  contributions authorized pursuant to this section unless willful

13-29  neglect or gross negligence is proven.

13-30     Sec. 22.  NRS 1A.480 is hereby amended to read as follows:

13-31     1A.480  1.  A member of the Judicial Retirement Plan who has

13-32  5 years or more of service credit and who becomes totally unable to

13-33  perform his current job or any comparable job for which he is

13-34  qualified by his training and experience [,] because of injury or

13-35  mental or physical illness of a permanent nature is eligible to apply

13-36  for disability retirement if:

13-37     (a) Except as otherwise provided in subsection 5, his

13-38  employment as a justice of the Supreme Court , [or] district judge ,

13-39  justice of the peace or municipal judge will be terminated because

13-40  of the disability;

13-41     (b) He is employed as a justice of the Supreme Court , [or] a

13-42  district judge , a justice of the peace or a municipal judge at the

13-43  time of application for disability retirement;

14-1      (c) He proves that his disability renders him unable to perform

14-2  the duties of his present position and of any other position he has

14-3  held within the past year;

14-4      (d) He files a notarized application for disability retirement with

14-5  the System which indicates a selection of option and to which is

14-6  attached a personal statement by the member of the Judicial

14-7  Retirement Plan [,] describing the disability, the duties which he can

14-8  and cannot perform, and any benefits he is entitled to receive for

14-9  disability from any other public source; and

14-10     (e) The Court Administrator if the member is a justice of the

14-11  Supreme Court or a district judge, the county if the member is a

14-12  justice of the peace or the city if the member is a municipal judge,

14-13  files an official statement certifying the member’s employment

14-14  record, record of disability, absences that have occurred because of

14-15  the disability, the effect upon the work of the member after the

14-16  disability, and job functions that can and cannot be performed

14-17  because of the disability.

14-18     2.  Except as otherwise required as a result of NRS 1A.410, the

14-19  amount of the disability retirement allowance must be calculated in

14-20  the same manner as provided for service retirement calculations in

14-21  NRS 1A.440, except that no reduction for the age of a member of

14-22  the Judicial Retirement Plan may be made and that the allowance

14-23  must be reduced by the amount of any other benefit received from

14-24  any source on account of the same disability:

14-25     (a) If the benefit is provided or was purchased by the

14-26  expenditure of money by a Nevada public employer; and

14-27     (b) To the extent that the total of the unmodified benefit and the

14-28  other benefit would otherwise exceed his average compensation.

14-29     3.  A member of the Judicial Retirement Plan may apply for

14-30  disability retirement even if he is eligible for service retirement.

14-31     4.  Each child of a deceased recipient of a disability retirement

14-32  allowance is entitled to receive the benefits provided by NRS

14-33  1A.580 only if the decedent had not reached the age and completed

14-34  the service required to be eligible for a service retirement allowance,

14-35  except that these benefits must not be paid to anyone who is named

14-36  as a beneficiary under one of the options to an unmodified

14-37  allowance.

14-38     5.  If a member of the Judicial Retirement Plan whose

14-39  application for disability retirement has been:

14-40     (a) Approved [,] dies before his employment is terminated, but

14-41  within 60 days after his application was approved; or

14-42     (b) Mailed before his death , as indicated by the date of the

14-43  postmark dated by the post office on the envelope in which it was

14-44  mailed, dies before the Board has acted upon his application and the

14-45  Board approves thereafter his application,

15-1  his beneficiary is entitled to receive an allowance under the option

15-2  selected rather than the benefit otherwise provided for a survivor.

15-3      6.  The termination or adjustment of a disability retirement

15-4  allowance resulting from the death of a recipient of an allowance

15-5  pursuant to this section must not become effective until the first day

15-6  of the month immediately following the death of the recipient.

15-7      7.  As used in this section, “public employer” has the meaning

15-8  ascribed to it in NRS 286.070.

15-9      Sec. 23.  NRS 1A.510 is hereby amended to read as follows:

15-10     1A.510 1.  Except as otherwise provided in subsection 2,

15-11  whenever a recipient of a disability retirement allowance pursuant to

15-12  NRS 1A.480 returns to employment as a justice of the Supreme

15-13  Court , [or] district judge, justice of the peace or municipal judge,

15-14  the allowance must be discontinued and his service credit at the time

15-15  of disability retirement must be restored. The member shall retire

15-16  under the same retirement plan previously selected for retirement on

15-17  account of disability if he returns to disability retirement or elects

15-18  service retirement within 1 year after his return to employment.

15-19     2.  A recipient of a disability retirement allowance may be

15-20  employed and continue to receive his allowance if he applies to the

15-21  Board for approval of the employment before he begins to work and

15-22  the Board approves his application. The application must include:

15-23     (a) A full description of the proposed employment; and

15-24     (b) A statement written by the member of the System declaring

15-25  the reasons why the proposed employment should not be found to

15-26  conflict with his disability.

15-27     Sec. 24.  NRS 1A.570 is hereby amended to read as follows:

15-28     1A.570  1.  Except as otherwise provided in subsection 3, if a

15-29  deceased member of the Judicial Retirement Plan had 2 years of

15-30  creditable service in the 2 1/2 years immediately preceding his

15-31  death, or if the employee had 10 or more years of creditable service,

15-32  certain of his dependents are eligible for payments as provided in

15-33  NRS 1A.530 to 1A.670, inclusive. If the death of the member

15-34  resulted from a mental or physical condition which required him to

15-35  leave his position as a justice of the Supreme Court , [or] district

15-36  judge , justice of the peace or municipal judge or go on leave

15-37  without pay, eligibility pursuant to the provisions of this section

15-38  extends for 18 months after his termination or commencement of

15-39  leave without pay.

15-40     2.  If the death of a member of the Judicial Retirement Plan

15-41  occurs while he is on leave of absence for further training and if he

15-42  met the requirements of subsection 1 at the time his leave began,

15-43  certain of his dependents are eligible for payments as provided in

15-44  subsection 1.

16-1      3.  If the death of a member of the Judicial Retirement Plan is

16-2  caused by an occupational disease or an accident arising out of and

16-3  in the course of his employment, no prior creditable service is

16-4  required to make his dependents eligible for payments pursuant to

16-5  NRS 1A.530 to 1A.670, inclusive, except that this subsection does

16-6  not apply to an accident occurring while the member is traveling

16-7  between his home and his principal place of employment.

16-8      4.  As used in this section, “dependent” includes a survivor

16-9  beneficiary designated pursuant to NRS 1A.620.

16-10     Sec. 25.  NRS 1A.670 is hereby amended to read as follows:

16-11     1A.670 The amount of each monthly allowance paid as

16-12  specified in NRS 1A.580 to 1A.660, inclusive, must not exceed the

16-13  deceased member of the Judicial Retirement Plan’s average

16-14  compensation and must be reduced by the amount of any other

16-15  benefit received from any source:

16-16     1.  If that benefit was provided or purchased by the expenditure

16-17  of money by this state [,] if the deceased member was a justice of

16-18  the Supreme Court or district judge, by the county if the deceased

16-19  member was a justice of the peace or by the city if the deceased

16-20  member was a municipal judge, except for lump-sum payments

16-21  under a group insurance program; and

16-22     2.  To the extent that the total of the allowance and the other

16-23  benefit would otherwise exceed the deceased member’s average

16-24  compensation.

16-25     Sec. 26.  NRS 286.293 is hereby amended to read as follows:

16-26     286.293  1.  The following employees of public employers

16-27  shall participate in the System:

16-28     (a) Those employed on or after July 1, 1977, in positions

16-29  considered to be half-time or more according to the full-time work

16-30  schedule established for that public employer.

16-31     (b) Elected officials or persons appointed to elective positions

16-32  who are elected or appointed after July 1, 1975, except where

16-33  excluded by NRS 286.297 [.] and except justices of the peace and

16-34  municipal judges who are allowed and who elect to participate in

16-35  the Judicial Retirement Plan pursuant to section 1 of this act.

16-36     (c) A member whose allowance is vested or who is contributing

16-37  immediately before a legislative session who is employed on or after

16-38  January 1, 1981, by either house of the Legislature or by the

16-39  Legislative Counsel Bureau.

16-40     (d) A member of the Nevada Gaming Commission.

16-41     2.  The Board shall establish standards for determining what

16-42  constitutes a full-time work schedule pursuant to paragraph (a) of

16-43  subsection 1.

16-44     Sec. 27.  1.  This section, sections 1 to 16, inclusive, and 18 to

16-45  26, inclusive, of this act become effective on July 1, 2003.

17-1      2.  Section 17 of this act becomes effective at 12:01 a.m. on

17-2  July 1, 2005.

17-3      3.  Sections 16 and 19 of this act expire by limitation on

17-4  June 30, 2005.

 

17-5  H