Constitution of the United States of America, Freedom Documents

I D A H O S T A T E L E G I S L A T U R E

TITLE 1 COURTS AND COURT OFFICIALS

CHAPTER 20 - JUDGES' RETIREMENT AND COMPENSATION

1-2001.Supreme court justices, court of appeals judges and district judges -- Age of retirement -- Compensation on retirement. (1) Every person who served as a justice of the supreme court or judge of the court of appeals or district judge of the district court and is receiving benefits from the judges’ retirement fund for such service, shall be entitled to benefits from the fund according to the formula for calculating such benefits as provided in section 1-2001(2)(a), Idaho Code. (2) Any person who is now serving or who shall hereafter serve as a justice of the supreme court, a judge of the court of appeals, or a district judge of a district court of this state shall prior to retirement elect in writing to retire under either paragraph (a) or (b) of this subsection. Any person who fails to make the election provided for in this subsection prior to retirement shall receive retirement compensation under the provisions of paragraph (a) of this subsection. (a) On or after July 1, 2000, any person who has served or who is now serving or who shall hereafter serve as a justice of the supreme court, a judge of the court of appeals, or a district judge of a district court of this state may leave office or retire and be entitled to receive and to have paid from the date of his retirement until death, an annual retirement compensation based upon a percentage of the current annual compensation of the highest office in which he served. The percentage shall be equal to five percent (5%) multiplied by the number of years served as either justice or judge or both, for the first ten (10) years of service plus two and one-half percent (2 1/2%) multiplied by the remaining number of years served as either justice or judge or both, but in any event the total shall not be greater than seventy-five percent (75%) of the current annual compensation of the highest office in which he served, payable in monthly installments on the first day of each month. (b) On or after July 1, 2000, any person who is now serving or who shall hereafter serve as a justice of the supreme court, a judge of the court of appeals, or a district judge of a district court of this state may retire from office and be entitled to receive and to have paid from the date of his retirement until death, an annual retirement compensation based upon a percentage of the current annual compensation of the highest office in which he served. The percentage shall be equal to five percent (5%) multiplied by the number of years served as either justice or judge or both for the first ten (10) years of service plus two and one-half percent (2 1/2%) multiplied by the remaining number of years served as either justice or judge or both, plus two and one-half percent (2 1/2%) multiplied by five (5) years senior judge service but in any event the total shall not be greater than seventy-five percent (75%) of the current annual compensation of the highest office in which he served, payable in monthly installments on the first day of each month. (c) A justice or judge electing to retire under paragraph (b) of this subsection shall serve as a senior judge, without compensation other than annual health benefits, for thirty-five (35) days per year for a period of five (5) years. A justice or judge who serves more than thirty-five (35) days per year may carry over the additional days to fulfill the senior judge service obligation in future years. The terms and conditions of such senior judge service shall be as provided under section 1-2005, Idaho Code. (d) Upon certification from the chief justice that any justice or judge who retired under paragraph (b) of this subsection has failed to perform the senior judge services required under paragraph (c) of this subsection, and has not been relieved of the obligations to perform those services in the manner provided by this subsection, the judges’ retirement fund shall recalculate the retirement compensation benefits of the noncomplying justice or judge under paragraph (a) of this subsection, and the noncomplying justice or judge shall thereafter receive only the recalculated amount. (e) A justice or judge may be relieved of the senior judge service obligation imposed by this subsection if he fails for good cause to complete the obligation. A retired justice or judge who is relieved of the obligation to serve as a senior judge shall continue to receive the retirement allowance provided under paragraph (b) of this subsection. (f) "Good cause" includes, but is not limited to: (i) Physical or mental incapacitation of a justice or judge that prevents the justice or judge from discharging the duties of judicial office; (ii) Failure of the supreme court to assign a senior judge to the requisite amount of senior judge service, whether because of insufficient need for senior judges, a determination by the supreme court that the skills of a senior judge do not match the needs of the courts, clerical mistake or otherwise; or (iii) Death of a senior judge. (g) "Good cause" does not include: (i) A senior judge’s refusal, without good cause, to accept senior judge assignments sufficient to meet the required amount; or (ii) A senior judge’s affirmative voluntary act that makes him unqualified to serve as a judge of this state including, but not limited to, failure to maintain a residence within the state, commencing the practice of law other than as a mediator, arbitrator or similar alternative dispute resolution function, acceptance of a position in another branch of state government or political subdivision, or the acceptance of a position in the government of the United States or of another state or nation. (h) The supreme court may make rules for the implementation of this subsection. (3) On or after July 1, 2000, each person who has served but is not receiving benefits or who is now serving or who shall hereafter serve who shall leave office or retire as justice of the supreme court, judge of the court of appeals, or district judge of a district court in this state shall be eligible to receive an annual retirement compensation when such person shall meet one (1) of the following eligibility criteria: (a) Attaining the age of sixty-five (65) years and having a minimum service of four (4) years; (b) Attaining the age of sixty (60) years and having a minimum service of ten (10) years; (c) Attaining the age of fifty-five (55) years and having a minimum service of fifteen (15) years; or (d) At any age after twenty (20) years of service. (4) On or after July 1, 2000, each justice or judge who is now serving or who shall hereafter be appointed or elected and who shall retire by reason of disability preventing him from further performance of the duties of his office, after a service in any or all of said courts of four (4) years or more, shall, upon retirement, be entitled to receive and to have paid to him until death an annual retirement compensation equal to five percent (5%) of the current annual compensation of the highest office in which he served, multiplied by the number of years served as either justice or judge or both, for the first ten (10) years of service, and equal to two and one-half percent (2 1/2%) of the current annual compensation of the highest office in which he served, multiplied by the remaining number of years served as either justice or judge or both, but such amount of annual retirement compensation shall not exceed seventy-five percent (75%) of the current annual compensation of the highest office in which he served, payable in monthly installments on the first day of each month. (5) All retirement compensation shall be paid out of the judges’ retirement fund, provided however, that a justice or judge who has served less than four (4) years shall be entitled to have refunded to him all contributions made by him to the judges’ retirement fund, with six and one-half percent (6 1/2%) interest computed annually but shall not be entitled to any other compensation from the fund. (6) Notwithstanding any other provision of this section, any person who makes an election to remain in the public employee retirement system of Idaho as provided in section 1-2011, Idaho Code, shall not participate in the judges’ retirement fund established in this chapter, but shall continue to participate in the public employee retirement system of Idaho and be governed under the provisions of that system, except as provided in section 1-2005, Idaho Code.

1-2001a.Judges already retired -- Retirement compensation -- Act to operate prospectively. Every person eligible for retirement compensation who has served as justice of the Supreme Court or judge of the district court who has retired or resigned before the effective date July 1, 1967 of this act shall be entitled to receive and to have paid to him from the judges’ retirement fund, retirement compensation based upon the current annual compensation of the office from which he retired or resigned, less a sum equal to 10% of any increase in retirement compensation to which he may become entitled after the effective date of this act. This act shall operate prospectively, and shall not give to any retired justice or judge a claim against the judges’ retirement fund for any increase in retirement compensation for time elapsed prior to the effective date hereof.

1-2001b.Conversion of retirement compensation into optional retirement allowances -- Form of optional retirement. (1) The retirement compensation of a justice or judge who, at the time of retirement, so elects shall be converted into an optional retirement allowance which is the actuarial equivalent of such retirement compensation to which the justice or judge would otherwise be entitled under section 1-2001, Idaho Code, including the value of the spousal benefit provided by section 1-2009, Idaho Code, provided the spouse is the contingent annuitant. The optional retirement allowance may take one (1) of the forms listed below and shall be in lieu of all other retirement compensation and benefits under this chapter, except the death benefit provided by section 1-2010, Idaho Code. (a) Option 1 provides a reduced retirement allowance payable during the lifetime of the retired justice or judge, and a continuation thereafter of such reduced retirement allowance during the lifetime of the justice or judge’s named contingent annuitant. (b) Option 2 provides a reduced retirement allowance payable during the lifetime of the retired justice or judge, and a continuation thereafter of one-half (1/2) of such reduced retirement allowance during the lifetime of the justice or judge’s named contingent annuitant. (2) Should the named contingent annuitant under option 1 or option 2 predecease a justice or judge, upon notification to the supreme court, the justice or judge’s benefit on the first day of the month following the death of the contingent annuitant will thereafter become an allowance calculated pursuant to section 1-2001, Idaho Code. (3) Application for any optional retirement allowance shall be in writing, duly executed and filed with the supreme court. Such application shall contain all information required by the supreme court, including such proofs of age as are deemed necessary by the supreme court. (4) A retirement option elected at the time of retirement as provided for in this section may not be changed except by written notice to the supreme court no later than five (5) business days after the receipt of the first retirement allowance. (5) Not later than one (1) year after the marriage of a retired justice or judge, the justice or judge may elect option 1 or 2 to become effective one (1) year after the date of such election, provided the justice or judge’s spouse is named as a contingent annuitant, and either: (a) The justice or judge was not married at the time of retirement; or (b) The justice or judge earlier elected option 1 or 2, having named the justice or judge’s spouse as contingent annuitant, and said spouse has died. (6) Each justice or judge receiving retirement compensation on July 1, 2000, shall have a one-time irrevocable election to name a spouse as a contingent annuitant under subsection (1)(a) of this section.

1-2002.Judges’ retirement fund. For the purpose of paying such retirement compensation, there is hereby created in the office of the treasurer of the state of Idaho a fund to be known as the "Judges’ Retirement Fund," which shall consist of all moneys appropriated from the general fund, and all moneys received from special fees to be paid by parties to civil actions and proceedings, other than criminal, commenced in or appealed to the several courts of the state, together with all contributions out of the salaries and compensation of justices and judges, and interest received from investment, and reinvestment, of moneys of the judges’ retirement fund, all as hereinafter provided. All sums of money so accrued and accruing to the judges’ retirement fund, less an amount deemed reasonable and necessary by the administrative director of the courts to pay for necessary actuarial studies to assist in administering the judges’ retirement fund, are hereby appropriated to the payment of the annual retirement compensation of such retired justices and judges, and to payment of the allowances to surviving spouses.

1-2003.Additional fees in civil actions and appeals. (a) In addition to the fees and charges to be collected by the clerks of the district courts of the state and by other persons authorized by rule or administrative order of the Supreme Court as now or hereafter provided by law, such clerks and authorized persons are directed to charge and collect the additional sum of eighteen dollars ($18.00) for filing a civil case or proceeding of any type in the district court or magistrate’s division of the district court including cases involving the administration of decedents’ estates, whether testate or intestate, conservatorships of the person or of the estate or both and guardianships of the person or of the estate or both, except that no fee shall be charged or collected for filing a proceeding under the Summary Administration of Small Estates Act. The additional sum of eighteen dollars ($18.00) shall also be collected from any party, except the plaintiff, making an appearance in any civil action in the district court, but such eighteen dollars ($18.00) fee shall not be collected from the person making an appearance in civil actions filed in the small claims departments of the district court. (b) The sum of eighteen dollars ($18.00) shall also be collected: (1) from an intervenor in an action; (2) from a party who files a third party claim; (3) from a party who files a cross claim; (4) from a party appealing from the magistrate’s division of the district court to the district court; (5) from a party appealing the decision of any commission, board or body to the district court. (c) The clerk of the Supreme Court is authorized and directed to charge and collect, in addition to the fees now prescribed by law and as a part of the cost of filing the transcript on appeal in any civil case or proceeding, other than criminal, appealed to the Supreme Court, the additional sum of eighteen dollars ($18.00); for filing a petition for rehearing, the additional sum of ten dollars ($10.00); for filing an application for any writ for which a fee is now prescribed, the additional sum of ten dollars ($10.00); for filing appeals from the industrial accident board, the additional sum of five dollars ($5.00). (d) The clerks of the district courts, persons authorized by rule or administrative order of the Supreme Court and the clerk of the Supreme Court are directed and required to remit all additional charges and fees authorized by this section and collected during a calendar month, to the state treasurer within five (5) days after the end of the month in which such fees were collected. The state treasurer shall place all such sums in the judges’ retirement fund.

1-2004.Deductions from salaries of justices and judges -- Contributions to fund. The state controller shall deduct from the monthly compensation of each justice and judge now holding office, and from the monthly compensation of each person who shall thereafter assume by election or appointment the office of a justice of the Supreme Court or a judge of a district court, an amount equal to six per cent (6%) of his monthly compensation, and shall issue to such justice or judge a salary warrant in such reduced amount, and shall pay the withheld sums into the judges’ retirement fund; provided, however, that after twenty (20) years of service no deductions shall be taken from a judge’s compensation for payment to the judges’ retirement fund. Between the first and twentieth day of each month, the Supreme Court shall, from appropriations made for that purpose as part of the employer’s contribution, remit to the judges’ retirement fund an amount equal to seven per cent (7%) of salaries paid during the previous month to justices and judges who are making contributions to the judges’ retirement fund.

1-2005.Senior judge -- Assignment -- Duties and powers -- Compensation and expenses -- Qualifications and oath. (1) A justice or judge who leaves office or retires from the supreme court, court of appeals or a district court, except a justice or judge retired under the provisions of section 1-2001(4), Idaho Code, may be designated a senior judge of the state of Idaho by the supreme court. (2) Upon filing with the secretary of state an oath of office as a senior judge as prescribed in subsection (7) of this section, a senior judge is eligible for temporary assignment by the supreme court to a state court as provided in this subsection, whenever the supreme court determines that the assignment is reasonably necessary and will promote the more efficient administration of justice. A senior judge may sit as a district or magistrate judge of the district court of any county or may sit with the supreme court or court of appeals or may perform such other duties pertaining to the judicial department of government as may be requested. (3) The assignment of a senior judge shall be made by an order which shall designate the court or duties to which the judge is assigned and the duration of the assignment. Promptly after assignment of a senior judge under this section, the supreme court shall cause a certified copy of the order to be sent to the senior judge and another certified copy to the court to which the judge is assigned. (4) Each senior judge assigned as provided in this section has all the judicial powers and duties, while serving under the assignment, of a regularly qualified judge of the court to which the senior judge is assigned. (5) A senior judge assigned as provided in this section, other than one performing services required by section 1-2001(2)(b), Idaho Code, shall receive as compensation for each day the senior judge is actually engaged in the performance of duties under the assignment an amount equal to eighty-five percent (85%) of the daily salary of the highest office in which the senior judge served. However, a retired judge shall not receive for services as a senior judge during any fiscal year a sum of money which when added to the amount of any judicial retirement pay received by the senior judge for the year exceeds the current annual salary of the highest office in which the senior judge served; except that this limitation shall not apply if the chief justice of the supreme court determines that extended service by one (1) or more senior judges is required because of extraordinary circumstances, such as a natural disaster or a judge’s absence from service due to military service or medical disability. Services by a senior judge under an assignment and receipt of compensation for services shall not reduce or otherwise affect the amount of any retirement pay to which the senior judge otherwise would be entitled. Such additional compensation above the retirement compensation benefits accruing to such senior judge shall be paid from the general fund in accordance with appropriations provided by the legislature. (6) A senior judge assigned to a court located outside the county in which the senior judge regularly resides shall receive, in addition to any daily compensation, reimbursement for traveling and subsistence expenses necessarily incurred in the performance of duties under the assignment. The expenses shall be paid upon presentation of an itemized statement of the expenses, certified by the senior judge to be correct. (7) To be eligible for assignment, a senior judge must: maintain a residence within the state; not engage in the practice of law other than as a mediator or arbitrator or similar alternate dispute resolution function; not accept a position in another branch of state government or any political subdivision; not accept a position in the government of the United States or of another state or nation; and take, subscribe and file with the secretary of state, the following oath or affirmation: "I, ..............., do solemnly swear (or affirm, as the case may be) that as a senior judge of the state of Idaho, I will support the Constitution of the United States and the Constitution of the State of Idaho, and that upon hereafter accepting any assignment to serve as a judge of a court of this state I will faithfully discharge the duties thereof to the best of my ability.". (8) Except as provided in section 1-2001(2)(b), Idaho Code, any period of service rendered by a senior judge shall not in any way be computed for additional retirement benefits, and the state controller shall not receive or deduct any sum for transfer to the judges’ retirement fund or to the public employee retirement system of Idaho.

1-2006.Application of act. Chapter 20, title 1, Idaho Code, shall operate prospectively in its application as to all persons who are receiving retirement benefits thereunder, provided that the Supreme Court may by order apply all of the provisions of this chapter to service under section 1-611, Idaho Code. In no case shall any justice or judge, serving at the time this act becomes effective, receive and have paid to him, at the time of his retirement, retirement compensation in any lesser amount than he would have become entitled to receive and have paid to him under the act as it existed prior to this amendment.

1-2008.Investment of judges’ retirement fund. (1) The endowment fund investment board established in section 57-718, Idaho Code, shall at the direction of the supreme court select and contract with investment managers to manage the investment of the judges’ retirement fund. The investment managers shall, subject to the direction of the board, exert control over the funds as though the investment managers were the owner thereof and are hereby authorized to invest the judges’ retirement fund as hereinafter provided. (a) Subject to the approval of the supreme court, the investment board shall formulate an investment policy governing the investment of judges’ retirement funds. The policy shall pertain to the types, kinds or nature of investment of any of the funds, and any limitations, conditions or restrictions upon the methods, practices or procedures for investment, reinvestments, purchases, sales or exchange transactions, provided such policy shall not conflict with nor be in derogation of any Idaho constitutional provision or of the provisions of this chapter. Provided further, the supreme court may, in its sole discretion, limit any of the investments permitted by the investment policy. (b) In acquiring, investing, reinvesting, exchanging, retaining, selling and managing the moneys and securities of the fund, investment managers shall also be governed by the prudent man investment act, sections 68-501 through 68-506, Idaho Code; provided, however, that the supreme court may in its sole discretion, limit the types, kinds and amounts of such investments. (2) The investment board shall be responsible for assuring that the investment managers comply with this section. (3) The investment board, subject to the approval of the supreme court, is hereby authorized to select and contract with a bank or trust company authorized to do business in the state of Idaho, to act as custodian of the judges’ retirement fund, who shall hold all securities and moneys of the judges’ retirement fund and shall collect the principal, dividends and interest thereof when due and pay the same into the judges’ retirement fund. (4) The state treasurer shall pay all warrants drawn on the judges’ retirement fund for making such investments when issued pursuant to vouchers signed by the chief justice of the supreme court.

1-2009.Benefit to surviving spouse of justice or judge. The legislature hereby finds and declares that the payment of allowances to the surviving spouses of justices of the supreme court, judges of the court of appeals and district judges of the district court of the state of Idaho, serves the public purpose of promoting the public welfare by encouraging experienced jurists to continue their service and that their continued service and increased efficiency will be secured in the expectation that the legislature will fairly provide for their surviving spouses, and that such continued service and increased efficiency of such jurists, secure in this knowledge, will be of substantial benefit to the state. The surviving spouse, of any justice or judge entitled to benefits under this chapter who dies on or after July 1, 1965, shall receive an allowance from the judges’ retirement fund, payable monthly, and as hereinafter provided. (a) In the case of a justice or judge receiving retirement compensation at the time of death, allowance to his surviving spouse shall commence immediately and be payable to such spouse from such fund in an amount equal to fifty percent (50%) of the retirement compensation to which such justice or judge would be entitled under section 1-2001(2), Idaho Code. (b) In the case of a justice or judge who has service as a justice of the supreme court, judge of the court of appeals or district judge of four (4) years or more and is not receiving retirement compensation at the time of death, commencing immediately, the surviving spouse shall be paid an allowance from such fund in the amount of fifty percent (50%) of the retirement compensation to which the justice or judge would have been entitled under section 1-2001(2)(a), Idaho Code, as if the justice or judge was eligible to retire and had retired immediately before his death. (c) The allowance shall be paid until the death of the surviving spouse. (d) The surviving spouse of a justice or judge who is not receiving benefits from the judges’ retirement fund at the time of the justice’s or judge’s death may elect to take an optional retirement allowance as a surviving annuitant under option 1 of section 1-2001b(1)(a), Idaho Code. Such optional retirement allowance shall be calculated as if the justice or judge was eligible to retire and had retired immediately before his death.

1-2010.Death benefit. (1) The death benefit of a deceased justice or judge is the excess, if any, of the justice’s or judge’s accumulated contributions to the judges’ retirement fund, including accrued interest at the rate provided in section 1-2001(5), Idaho Code, over the aggregate of all retirement compensation payments and allowances ever made to the justice, judge, spouse or annuitant from the judges’ retirement fund. (2) The death benefit is payable, and all other retirement compensation benefits and allowances shall cease, upon the death of the justice, judge, spouse or annuitant receiving a retirement compensation or allowance. (3) The death benefit shall be paid to the beneficiary named by the justice or judge in a written designation of beneficiary on file with the supreme court if the beneficiary is surviving at the time the death benefit is payable; otherwise the death benefit shall be paid to the estate of the deceased justice or judge for distribution in accordance with the laws of descent and distribution of the state of Idaho as they may then be in effect.

1-2011.Election to continue participation in the public employee retirement system of Idaho. On and after July 1, 1998, any vested member of the public employee retirement system of Idaho may, within thirty (30) days of becoming a justice of the supreme court, judge of the court of appeals or district judge in the state of Idaho, make a one-time irrevocable election to continue participation as an active member of that system in lieu of participation in the judges’ retirement fund established in this chapter and the justice, judge or spouse shall not be entitled to any compensation, benefits or allowances under any provision of this chapter. An election must be in writing and must be provided to both the supreme court and the public employee retirement system of Idaho. Once an election is made, all service as justice or judge, including noncontinuous service, shall be accrued to the public employee retirement system of Idaho, and shall be governed under the provisions of that system, except as provided in section 1-2005, Idaho Code.

1-2012.Rules and administrative policies. Subject to the other provisions of this chapter, the supreme court shall have the power and authority to adopt, amend and rescind such rules and administrative policies as may be necessary for the proper administration of this chapter.

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