HB 677-FN – AS INTRODUCED
2009 SESSION
09/10
HOUSE BILL 677-FN
AN ACT allowing part-time district court justices and probate court judges to sit as senior active status judges upon retirement.
SPONSORS: Rep. Cote, Hills 23; Sen. Reynolds, Dist 2
This bill allows part-time district court justices and probate court judges to sit as senior active status judges upon retirement.
This bill was requested by the supreme court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0671
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT allowing part-time district court justices and probate court judges to sit as senior active status judges upon retirement.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph: Senior Active Status; Retired Status. Amend RSA 493-A:1 by inserting after paragraph IV the following new paragraph:
V. Any part-time justice of the district or probate court who is at least 60 years of age with 15 years of service as a part-time justice, or at least 65 years of age with 10 years of service as a part-time justice, may retire from regular active part-time service and may elect to take either senior active status or retired status in accordance with the provisions of paragraph I.
2 Compensation. Amend RSA 493-A:1-b to read as follows:
493-A:1-b Compensation.
I. Any retired full-time justice of the supreme, superior, district, or probate court who serves after retirement as a senior active status justice [or a judicial referee] shall be allowed his or her expenses and a per diem compensation determined by the supreme court upon recommendation by the judicial branch administrative council and based on the daily equivalent of the annual salary the retired justice would then be earning pursuant to RSA 491-A:1; provided however, that in any calendar year the total of the [service] retirement benefits that the retired justice receives pursuant to RSA [100-C:5] 100-C plus the compensation provided by this section shall not exceed the annual salary the retired justice would then be earning pursuant to RSA 491-A:1.
II. Any retired part-time justice of the district or probate court who serves after retirement as a senior active status justice shall be allowed his or her expenses and a per diem compensation determined by the supreme court upon recommendation by the judicial branch administrative council and based upon the taxable salary of a full-time district court or probate court justice pursuant to RSA 491-A:1; provided, however, that in any calendar year the total of the retirement benefits that the retired part-time justice receives pursuant to RSA 100-A plus the compensation provided by this section shall not exceed the annual salary that a full-time justice of the district or probate court would then be earning pursuant to RSA 491-A:1.
3 Judicial Referees. Any retired part-time justice of the district or probate court who is serving as a judicial referee on the effective date of this act may elect senior active status not later than 30 days after the effective date of this act.
4 Repeal. The following are repealed:
I. RSA 493-A:1-a, relative to judicial referees.
II. RSA 502-A:6-b, relative to retired justices of the district courts.
III. RSA 547:19-c, relative to retired judges of probate.
5 Contingency. Paragraph I of section 4 of this act shall take effect only if an act extending senior active status to judges over 70 years of age is enacted in the 2009 legislative session.
6 Effective Date. This act shall take effect 60 days after its passage.
LBAO
09-0671
Revised 02/06/09
HB 677 FISCAL NOTE
AN ACT allowing part-time district court justices and probate court judges to sit as senior active status judges upon retirement.
FISCAL IMPACT:
The Judicial Branch states this bill may decrease state expenditures in FY 2009 and each year thereafter. There is no fiscal impact on county and local expenditures or state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill would allow part-time district and probate court judges to retire before the age of 70 and serve as senior active states judges pursuant to RSA 493-A:1,I. The Branch states the impact of this bill is to provide administrative judges more flexibility in assigning judges. Retired part-time judges would be paid a per diem that is the same as or on the same basis as they were paid prior to retirement. The Branch states this bill may decrease state expenditures associated with employer contributions for retirement.
The New Hampshire Retirement System states this bill will not affect the size of the universe of individuals eligible for New Hampshire Retirement System (NHRS) membership nor change any NHRS provision applicable to judges who are currently or become NHRS members. The System states this bill will have no fiscal impact on future contribution rates. Per RSA 100-A:7, retired part-time judges that were NHRS members and resume part-time employment under the senior active status would have their retirement benefits stopped, be re-enrolled in NHRS, and contributions on the part-time compensation would be required from the employer and member.