§1302. Creditable service
Creditable service for the purpose of determining benefits under this chapter shall be allowed as follows: [1983, c. 853, Pt. C, §§ 15, 18 (NEW).]
1. Membership service.
All judicial service of a member after November 30, 1984, for which contributions
are made shall be allowed as creditable service.
[
1989, c. 133, §24 (AMD)
.]
1-A. Prior service.
All service of a member as a judge before December 1, 1984, shall be allowed as
creditable service.
[
1983, c. 863, Pt. B, §§ 19, 45 (NEW)
.]
2. Disability retirement.
The period following the termination of service for which a beneficiary receives
disability retirement allowance payments under section 1353 shall be allowed as membership
service.
[
1983, c. 863, Pt. B, §§ 19, 45 (AMD)
.]
3. State Employee and Teacher Retirement Program and Legislative Retirement Program service.
Creditable service as a member of the State Employee and Teacher Retirement Program
or the Legislative Retirement Program must be allowed as creditable service of the Judicial Retirement Program as follows.
A. Any member who has not withdrawn that member's accumulated contributions with the
State Employee and Teacher Retirement Program may, upon appointment as a judge, have
that member's State Employee and Teacher Retirement Program contributions and membership
service transferred to that member's account with the Judicial Retirement Program
and all creditable service resulting from membership in the State Employee and Teacher
Retirement Program is creditable service in the Judicial Retirement Program.
All funds in the State Employee and Teacher Retirement Program contributed by the
employer on account of employment are transferred to the Judicial Retirement Program
and must be used to liquidate the liability incurred by reason of that member's previous
employment. The State shall make such contributions, from time to time, as may be
necessary to provide the benefits under the Judicial Retirement Program for the member
as have accrued to the member by reason of the member's previous employment and may
accrue to the member by reason of membership in the Judicial Retirement Program. [2007, c. 491, §45 (AMD).]
A-1. Any member who has not withdrawn that member’s accumulated contributions with the
Legislative Retirement Program may, upon appointment as a judge, elect to have that
member’s Legislative Retirement Program contributions and membership service transferred
to that member’s account with the Judicial Retirement Program and have all creditable
service resulting from membership in the Legislative Retirement Program count as creditable
service in the Judicial Retirement Program. The member must pay an amount that, together
with regular interest on that amount, is the actuarial equivalent, at the effective
date of the retirement benefit, of the portion of the retirement benefit that results
from inclusion of the creditable service in the Legislative Retirement Program as
creditable service in the Judicial Retirement Program.
All funds in the Legislative Retirement Program contributed by the employer on account
of the member’s previous membership in the Legislative Retirement Program are transferred
to the Judicial Retirement Program and must be used to liquidate the liability incurred
by reason of that member’s previous membership. [2009, c. 267, §1 (NEW).]
B. Any member who has withdrawn that member's accumulated contributions from the State
Employee and Teacher Retirement Program or the Legislative Retirement Program may, subsequent to appointment as a judge and prior to the date any retirement allowance
becomes effective for that member, deposit in the fund by a single payment or by an
increased rate of contribution an amount equal to the accumulated contributions withdrawn
by that member together with interest at 2% greater than regular interest from the
date of withdrawal to the date of repayment. If repayment is made in installments,
interest continues to accrue on the outstanding balance. The member is entitled to
all creditable service that the member acquired during previous membership. In the
event any retirement allowance becomes effective before repayment is completed, the
member is entitled to credit for that portion of the total of the previous creditable
service which the total amount of payments actually made bears to the total amount,
including interest at 2% greater than regular interest from the date of withdrawal
to the date the retirement allowance becomes effective. [2009, c. 267, §1 (AMD).]
C. [1985, c. 693, §8 (RP).]
D. A person may not receive benefits under both the Judicial Retirement Program and
the State Employee and Teacher Retirement Program or the Legislative Retirement Program based upon the same period of service. [2009, c. 267, §1 (AMD).]
[
2009, c. 267, §1 (AMD)
.]
4. Amount of service per year.
The board shall establish by rule the amount of creditable service to be granted
for service rendered during a year, subject to the following conditions.
A. No credit may be allowed for a period of absence without pay of more than one month's
duration; and [1983, c. 853, Pt. C, §§ 15, 18 (NEW).]
B. No more than one year of service may be credited for all service in one calendar
year. [1983, c. 853, Pt. C, §§ 15, 18 (NEW).]
[
1983, c. 853, Pt. C, §§ 15, 18 (NEW)
.]
SECTION HISTORY
1983, c. 853, §§C15,18 (NEW).
1983, c. 863, §§B19,B45 (AMD).
1985, c. 693, §8 (AMD).
1989, c. 133, §24 (AMD).
2007, c. 58, §3 (REV).
2007, c. 491, §45 (AMD).
2009, c. 267, §1 (AMD).