Bill Text - SB335 (2008)

Allowing certain judges to terminate membership in the judicial retirement plan and elect senior active status.


Revision: Jan. 1, 2008, midnight

CHAPTER 314

SB 335 – FINAL VERSION

30Apr2008… 1416h

2008 SESSION

08-2754

10/09

SENATE BILL 335

AN ACT allowing certain judges to terminate membership in the judicial retirement plan and elect senior active status.

SPONSORS: Sen. Gottesman, Dist 12; Rep. D. Cote, Hills 23

COMMITTEE: Executive Departments and Administration

ANALYSIS

The bill allows certain judges to terminate membership in the judicial retirement plan and elect senior active status.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Apr2008… 1416h

08-2754

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT allowing certain judges to terminate membership in the judicial retirement plan and elect senior active status.

Be it Enacted by the Senate and House of Representatives in General Court convened:

314:1 New Paragraph; Judicial Retirement Plan; Service Retirement. Amend RSA 100-C:5 by inserting after paragraph VI the following new paragraph:

VII. A member who has a minimum of 5 years of creditable service and who is not eligible for a retirement service allowance under this section may retire without a retirement service allowance at any time. Election to retire under this section shall terminate the judge’s membership in the judicial retirement plan and shall irrevocably extinguish the judge’s rights under RSA 491-A:1 and under RSA 100-C:6 and RSA 100-C:7. Election to retire under this section shall entitle the judge to payment of his or her accumulated contributions to the member annuity savings fund, together with any interest that may have accrued at rates determined by the board of trustees.

314:2 New Paragraph; Retired Judges; Senior Active Status; Compensation; Benefits. Amend RSA 493-A:1 by inserting after paragraph III the following new paragraph:

IV. In the case of a retired full-time justice, in good standing, of the New Hampshire supreme, superior, district, or probate court who forgoes a retirement service allowance pursuant to RSA 100-C:5, VII and who elects to take senior active status under paragraph I, the justice may serve as provided in paragraph II with compensation under RSA 493-A:1-b limited to per diem payment and expenses. No person who retires under the provisions of this paragraph shall be considered a “retired employee,” as defined in RSA 21-I:30, for purposes of eligibility for state-paid medical and surgical benefits.

314:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 2, 2008

Effective Date: August 31, 2008