1     
JUSTICE COURT JUDGES RETIREMENT AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Mike K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
10     provisions for certain officers who are elected or appointed.
11     Highlighted Provisions:
12          This bill:
13          ▸     establishes the full-time or part-time service status of a justice court judge for
14     retirement purposes, based on employer certification and combined workload for
15     multiple employers;
16          ▸     clarifies the retirement allowance computation for justice court judges; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          49-12-406, as renumbered and amended by Laws of Utah 2002, Chapter 250
25          49-13-406, as renumbered and amended by Laws of Utah 2002, Chapter 250
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 49-12-406 is amended to read:
29          49-12-406. Exceptions for part-time elective or appointive service -- Computation
30     of allowance -- Justice court judges.
31          (1) Notwithstanding [any other provision of this title,] the provisions of Sections
32     49-11-401 and 49-12-102, and unless otherwise provided in this section, a member's elective or
33     appointive service rendered on a basis not considered full-time by the office[, unless otherwise
34     provided by this chapter,] shall have a separate allowance computed on the basis of
35     compensation actually received by the member during the period of elective or appointive
36     service.
37          (2) (a) A justice court judge who has service with only one participating employer shall
38     be considered part-time or full-time by the office as certified by the participating employer.
39          (b) If a justice court judge has a combination of part-time service and full-time position
40     service with one participating employer, the office shall compute separate allowances on the
41     basis of compensation actually received by the judge during the part-time and full-time periods
42     of service.
43          (3) (a) A justice court judge who has service with more than one participating
44     employer shall be considered full-time by the office for a period of service in which the judge
45     is certified as full-time by:
46          (i) a participating employer; or
47          (ii) the Office of the State Court Administrator, based on the judge's total full-time
48     caseload.
49          (b) If a justice court judge has full-time service under Subsection (3)(a), the office shall
50     compute an allowance on the basis of total compensation actually received from all
51     participating employers by the judge during the total period of full-time service.
52          (c) If a justice court judge has part-time service performed that is not within a period
53     considered full-time service under Subsection (3)(a), the office shall compute a separate
54     allowance on the basis of compensation actually received by the member during the period of
55     part-time service.
56          (4) All of the service rendered by a justice court judge in any one fiscal or calendar
57     year may not count for more than one year of service credit.
58          Section 2. Section 49-13-406 is amended to read:
59          49-13-406. Exceptions for part-time elective or appointive service -- Computation
60     of allowance -- Justice court judges.
61          (1) Notwithstanding [any other provisions of this title,] the provisions of Sections
62     49-11-401 and 49-13-102, and unless otherwise provided in this section, a member's elective or
63     appointive service rendered on a basis not considered full-time by the office[, unless otherwise
64     provided by this chapter,] shall have a separate allowance computed on the basis of
65     compensation actually received by the member during the period of elective or appointive
66     service.
67          (2) (a) A justice court judge who has service with only one participating employer shall
68     be considered part-time or full-time by the office as certified by the participating employer.
69          (b) If a justice court judge has a combination of part-time service and full-time position
70     service with one participating employer, the office shall compute separate allowances on the
71     basis of compensation actually received by the judge during the part-time and full-time periods
72     of service.
73          (3) (a) A justice court judge who has service with more than one participating
74     employer shall be considered full-time by the office for a period of service in which the judge
75     is certified as full-time by:
76          (i) a participating employer; or
77          (ii) the Office of the State Court Administrator, based on the judge's total full-time
78     caseload.
79          (b) If a justice court judge has full-time service under Subsection (3)(a), the office shall
80     compute an allowance on the basis of total compensation actually received from all
81     participating employers by the judge during the total period of full-time service.
82          (c) If a justice court judge has part-time service performed that is not within a period
83     considered full-time service under Subsection (3)(a), the office shall compute a separate
84     allowance on the basis of compensation actually received by the member during the period of
85     part-time service.
86          (4) All of the service rendered by a justice court judge in any one fiscal or calendar
87     year may not count for more than one year of service credit.




Legislative Review Note
     as of 2-17-15 4:45 PM

Office of Legislative Research and General Counsel