Sec. M-1. 4 MRSA §4, sub-§1, as amended by PL 1983, c. 863, Pt. B, §§5 and 45, is further amended to read:
1. Chief justice; salary. The Chief Justice of the Supreme Judicial Court shall is entitled to receive a salary equal to 105% of the salary of an Associate Justice of the Supreme Judicial Court, for fiscal year 1998-99 and thereafter, of $111,000, to be paid biweekly.
Sec. M-2. 4 MRSA §4, sub-§2, ¶A, as repealed and replaced by PL 1989, c. 596, Pt. C, §§1 and 8, is repealed and the following enacted in its place:
A. For fiscal year 1998-99 and thereafter, $96,000, to be paid biweekly.
Sec. M-3. 4 MRSA §4, sub-§2-A, as amended by PL 1993, c. 410, Pt. X, §1, is further amended to read:
2-A. Cost-of-living adjustment. Effective July 1, 1991, 1999 and every July 1st thereafter except July 1, 1992, July 1, 1993 and July 1, 1994, the State Court Administrators Administrator shall adjust the salaries of the State's chief justices, chief judge, deputy chief judge, associate justices and associate judges by any percentage change in the Consumer Price Index from January 1st to December 31st of the previous year, but only to a maximum increase of 4%. The State Court Administrator shall determine the cost of these adjustments; notify the State Budget Officer and the Director of the Office of Fiscal and Program Review of these costs; and include them in the Judicial Department's budget requests, as necessary. For purposes of this subsection, "Consumer Price Index" means the Consumer Price Index for Urban Wage Earners and Clerical Workers: United States City Average, All items, 1967=100, as compiled by the United States Department of Labor, Bureau of Labor Statistics or, if the index is revised or superseded, the Consumer Price Index is the index represented by the Bureau of Labor Statistics as reflecting most accurately changes in the purchasing power of the dollar by consumers. A cost-of-living adjustment may not be made for fiscal year 1992-93, fiscal year 1993-94 or fiscal year 1994-95.
Sec. M-4. 4 MRSA §102, sub-§1, as amended by PL 1983, c. 863, Pt. B, §§6 and 45, is further amended to read:
1. Chief justice; salary. The Chief Justice of the Superior Court shall is entitled to receive a salary equal to 105% of the salary of an Associate Justice of the Superior Court, for fiscal year 1998-99 and thereafter, of $94,000, to be paid biweekly.
Sec. M-5. 4 MRSA §102, sub-§2, ¶A, as repealed and replaced by PL 1989, c. 596, Pt. C, §2, is repealed and the following enacted in its place:
A. For fiscal year 1998-99 and thereafter, $90,000, to be paid biweekly.
Sec. M-6. 4 MRSA §104-A, as amended by PL 1989, c. 501, Pt. O, §§14 and 22 and affected by PL 1991, c. 824, Pt. B, §§13 and 14, is further amended to read:
§104-A. Per diem compensation for Active Retired Superior Court Justices
Any Active Retired Justice of the Superior Court, who performs judicial service at the direction and
assignment of the Chief Justice of the Supreme Judicial Court, shall be is compensated for those services at the rate of $150 $200 per day or $90 $125 per 1/2 day, provided that the total per diem compensation and retirement pension received by an Active Retired Justice of the Superior Court in any calendar year does not exceed the annual salary of a Justice of the Superior Court.
Sec. M-7. 4 MRSA §157, sub-§2, as repealed and replaced by PL 1983, c. 863, Pt. B, §§7 and 45, is amended to read:
2. Chief Judge; salary. The Chief Judge of the District Court shall is entitled to receive a salary equal to 105% of the salary of an Associate Judge of the District Court, for fiscal year 1998-99 and thereafter, of $94,000, to be paid biweekly.
Sec. M-8. 4 MRSA §157, sub-§3, as repealed and replaced by PL 1983, c. 863, Pt. B, §§7 and 45, is amended to read:
3. Deputy Chief Judge; salary. The Deputy Chief Judge of the District Court shall is entitled to receive a salary equal to 102.5% of the salary of an Associate Judge of the District Court, for fiscal year 1998-99 and thereafter, of $92,000, to be paid biweekly.
Sec. M-9. 4 MRSA §157, sub-§4, ¶A, as repealed and replaced by PL 1989, c. 596, Pt. C, §§3 and 8, is repealed and the following enacted in its place:
A. For fiscal year 1998-99 and thereafter, $90,000, to be paid biweekly.
Sec. M-10. 4 MRSA §157-D, as amended by PL 1989, c. 501, Pt. O, §§17 and 22 and affected by PL 1991, c. 824, Pt. B, §§13 and 14, is further amended to read:
§157-D. Active retired judges; compensation
Any Active Retired Judge of the District Court, who performs judicial service at the direction and assignment of the Chief Judge of the District Court, shall be is compensated for those services at the rate of $150 $200 per day or $90 $125 per 1/2 day, provided that the total per diem compensation and retirement pension received by an Active Retired Judge of the District Court in any calendar year does not exceed the annual salary of a Judge of the District Court.
Sec. M-11. 4 MRSA §1151, sub-§3, ¶H, as enacted by PL 1987, c. 85, §1, is amended to read:
H. Any Administrative Court Judge who retires or terminates his service on the court in accordance with chapter 27, except for a disability retirement, is eligible for appointment as an Active Retired Judge of the Administrative Court as provided. The Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over judiciary and to confirmation by the Legislature, may appoint any eligible judge to be an Active Retired Judge of the Administrative Court for a period of 7 years, unless sooner removed. That judge may be reappointed for a like term. Any judge so appointed and designated shall thereupon constitute constitutes a part of the court from which he that judge has retired and shall have has the same jurisdiction and be is subject to the same restrictions therein as before retirement, except that he shall the judge may act only in those cases and matters and hold court only at those sessions and times as he may be directed and assigned by the Administrative Court Judge or by the Chief Justice of the Supreme Judicial Court. An Active Retired Judge of the Administrative Court, who performs judicial service at the direction and assignment of the Administrative Court Judge or the Chief Justice of the Supreme Judicial Court, shall be is compensated for those services at the rate of $75 $200 a day or $45 $125 for 1/2 day, provided that the total per day compensation and retirement pension received by an Active Retired Judge of the Administrative Court in any calendar year may does not exceed the annual salary of the Associate Judge of the Administrative Court.
Sec. M-12. 4 MRSA §1352, as amended by PL 1989, c. 133, §28, is further amended to read:
1. Amount. The service retirement allowance of a member shall be is determined under the provisions of this chapter in effect on the member's date of final termination of service. Subject to the maximum benefit provided for in subsection 3 and the minimum benefit provided for in subsection 4, the total amount of the retirement allowance of a member retired in accordance with section 1351 shall be is equal to the sum of:
A. 1/50 of the member's average final compensation multiplied by the number of years of his membership service, beginning from December 1, 1984 to June 30, 1998 and creditable service allowed under section 1302, subsection 3; and
B. The earned benefit for prior service as a judge as determined by subsection 2.; and
C. Three percent of the member's average final compensation multiplied by the number of years of membership service beginning July 1, 1998.
2. Benefit for service prior to December 1, 1984. The earned benefit for judicial service prior to December 1, 1984, shall be is equal to the years of service prior to December 1, 1984, not to exceed 10 years, divided by 10, multiplied by 75% of the salary as of November 30, 1984, for the position from which the judge retired.
3. Maximum benefit. No A judge in service on December 1, 1984, or appointed on or after December 1, 1984, may not receive a benefit which that exceeds 60% of his average final compensation, not including adjustments under section 1358, except as provided in subsection 4 the maximum benefit calculated for that judge. The maximum benefit must be calculated as follows:
A. Divide the judge's service credit available under section 1302 earned prior to July 1, 1998 by the total years of service credit available to the judge under section 1302 and multiply the quotient by 60%;
B. Divide the judge's service credit available under section 1302 earned on or after July 1, 1998 by the total years of service credit available to the judge under section 1302 and multiply the quotient by 70%; and
C. Add the product arrived at under paragraph A and the product arrived at under paragraph B. The sum of the 2 products is the percentage of the judge's average final compensation that is the amount of the maximum benefit payable to the judge.
The maximum benefit calculation is used to establish the maximum benefit at the time of retirement, which is thereafter subject to adjustment under section 1358. The maximum benefit limitations do not apply in the calculation or payment of benefits under subsection 4.
4. Minimum benefit. Each judge in service on December 1, 1984, who is 50 years of age or older on that date shall be is entitled to a minimum benefit equal to 75% of the salary as of June 30, 1984, for the position from which the judge retired, increased by 6% compounded annually, for each year or part of a year served subsequent to June 30, 1984, up to and including June 30, 1989. For each year or part of a year served after June 30, 1989, the allowance shall be is increased by an amount equal to the cost-of-living factor granted the previous September, as determined pursuant to section 1358, compounded annually.
5. Termination of benefits. The service retirement benefit of a judge shall cease ceases upon his the return to service as a judge. A judge returned to service shall continue continues to earn credit toward retirement.
Sec. M-13. 4 MRSA §1702, as enacted by PL 1995, c. 451, §1, is repealed.
Sec. M-14. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Part.
1998-99
JUDICIAL DEPARTMENT
Courts - Supreme, Superior, District and Administrative
Personal Services $528,911
Appropriates funds to increase compensation for judges and justices, to increase the per diem rate for active retired judges and to increase retirement benefits for judges and justices.
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