HB1748 (2018) Detail

Relative to status for part-time retired judges.










AN ACT relative to status for part-time retired judges.


SPONSORS: Rep. Merner, Coos 7; Rep. Theberge, Coos 3; Rep. Hinch, Hills. 21; Sen. Carson, Dist 14


COMMITTEE: Judiciary






This bill allows a part-time judge of the circuit court to retire under the provisions of RSA 100-A and elect senior active or judicial referee 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.






In the Year of Our Lord Two Thousand Eighteen


AN ACT relative to status for part-time retired judges.


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


1  New Hampshire Retirement System; Definitions; Part-time; Exceptions.  Amend RSA 100-A:1, XXXIV to read as follows:

XXXIV.  "Part-time'' for purposes of employment of a retired member of the New Hampshire retirement system but excepting per diem court security officers and court bailiffs and part-time circuit court judges in senior active or judicial referee status under RSA 493-A, means employment during a calendar year by one or more employers of the retired member which shall not exceed 32 hours in each normal calendar week.  Employment in some instances may exceed 32 hours in any normal calendar week provided that in such case, the part-time employment of the retired member shall not exceed 1,300 hours in a calendar year, so long as such part-time employment does not occur outside of a 5-consecutive-month period in any 12-month period.

2  New Hampshire Retirement System; Restoration to Service; Exception Added.  Amend RSA 100-A:7 to read as follows:

100-A:7  Restoration to Service.  If a disability beneficiary or any other beneficiary is restored to service, the beneficiary's retirement allowance shall cease, the beneficiary shall again become a member of the retirement system and the beneficiary shall contribute at the percentage payable pursuant to RSA 100-A:16, I(a).  Anything herein to the contrary notwithstanding, any credit for membership service and for any prior service on the basis of which the beneficiary's creditable service was computed at the time of the beneficiary's former retirement shall be restored to full force and effect; upon subsequent retirement, the beneficiary shall receive a retirement allowance based on the beneficiary's combined creditable service and the member's average final compensation.  The provisions of this section shall not apply to part-time circuit court judges retired under this chapter and serving in senior active or judicial referee status under RSA 493-A.

3  New Section; Circuit Court; Retirement of Part-Time Circuit Court Judges.  Amend RSA 490-F by inserting after section 8 the following new section:

490-F:8-a  Retirement of Part-time Circuit Court Judges.  Any part-time circuit court judge retired under RSA 100-A, if under 70 years of age, may elect senior active status or, if 70 years of age or older, may serve as a judicial referee, pursuant to RSA 493-A.

4  Effective Date.  This act shall take effect 60 days after its passage.









AN ACT relative to status for part-time retired judges.



The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2019 through 2022.



 Judicial Branch



HB1748 at GenCourtMobile

Action Dates

Date Body Type
Jan. 30, 2018 House Hearing
Feb. 27, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote
March 15, 2018 House Floor Vote

Bill Text Revisions

HB1748 Revision: 2221 Date: Nov. 20, 2017, 8:49 a.m.


Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Judiciary HJ 1 P. 22
Jan. 30, 2018 Public Hearing: 01/30/2018 10:00 AM LOB 208
Feb. 27, 2018 Executive Session: 02/27/2018 LOB 208
Committee Report: Inexpedient to Legislate (Vote 11-7; RC)
March 6, 2018 Committee Report: Inexpedient to Legislate for 03/06/2018 (Vote 11-7; RC) HC 9 P. 59
March 6, 2018 Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/06/2018 HJ 6 P. 125
Special Order to 3/15/2018 Without Objection HJ 7 P. 49
March 15, 2018 Inexpedient to Legislate: MA DV 261-65 03/15/2018 HJ 8 P. 13