SB 398 — Relating to compensation for senior judges

NEWS RELEASES HELPFUL LINKS EnrolledSB398 VersionSUB1 - Final Version « Senate Bill 398 History OTHER VERSIONS  —  CommitteeEnrolled SubstituteVersion (1)- Final Version  |  Introduced Version  |   |  Email Key:

Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 398 Senators Trump, Takubo, Stollings, and Prezioso, original sponsors [Passed[Originating Marchin 9,the 2019;Committee on the Judiciary;

inReported effecton fromJanuary passage]30, 2019]     ANA ACTBILL to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as amended;

and to amend and reenact §50-1-6a§51-9-10 of said code;code, all relating generally to compensation for judicial officers;

and to amend and reenact §51-9-10 of said code, all relating to compensation for senior judicial officers;

limitingproviding an exception to the perlimitation diemon ratethe combined total of per diem compensation thatand mayretirement bebenefits paid to a senior magistratesjudge foror eachjustice dayin served;a calendar year, if the Chief Justice of the Supreme Court of Appeals enters an administrative order certifying that certain circumstances necessitate extended assignment of such judge or justice;

providingrequiring that theadministrative combinedorders totalregarding ofextended perassignment diemof compensation and retirement benefits paid to a senior magistratejudge duringor ajustice singlebe calendarsubmitted yearto may not exceed the annualState salaryAuditor ofand athe sittingState magistrate;Treasurer;

providing anthat exceptionsenior tojudges theand limitationjustices onmay thebe combinedreimbursed totalfor ofactual per diem compensation and retirementnecessary benefitsexpenses paidincurred to a senior judge, justice, or magistrate in a calendar year, if the Chiefperformance Justice of thetheir Supremeduties; Court of Appeals enters an administrative order certifying that certain circumstances necessitate extended assignment of such judge, justice, or magistrate;

providingand thatrequiring extendedthe assignmentState ofTreasurer seniorto judgespetition orthe justicesWest mustVirginia notSupreme beCourt utilizedof inAppeals for a mannerwrit toof threatenprohibition prohibiting the qualifiedState statusAuditor from issuing warrants to authorize payment of thecompensation Judges’to Retirementsenior Systemjudges underand certainjustices provisionsabove ofstatutory thelimitation Internalon Revenuedaily Code;rate of per diem compensation.

requiring that administrative orders regarding extended assignment of a senior judge, justice, or magistrate be submitted to the State Auditor and the State Treasurer;

providing that senior judges, justices, and magistrates may be reimbursed for actual and necessary expenses incurred in the performance of their duties;

and requiring the State Treasurer to petition the West Virginia Supreme Court of Appeals for a writ of prohibition prohibiting the State Auditor from issuing warrants to authorize payment of compensation to senior judges and justices above statutory limitations.

 CHAPTERCHAPTER 5.

(c) In the event If a retirant becomes regularly employed on a full-time basis by a participating public employer, payment of his or her annuity shall be suspended during the period of his or her reemployment and he or she shall become a contributing member to the retirement system.

(d) (e) In the event If a member retires and is then subsequently elected to a public office or is subsequently appointed to hold an elected public office, or is a former employee of the Legislature who has been reemployed by the Legislature, he or she has the option, notwithstanding subsection (c) of this section, to either:

(e) (f) A member who is participating in the system simultaneously as both a regular, full-time employee of a participating public employer and as an elected or appointed member of the legislative body of the state or any political subdivision may, upon meeting the age and service requirements of this article, elect to retire from his or her regular full-time state employment and may commence to receive an annuity from the system without terminating his or her position as a member of the legislative body of the state or political subdivision:  Provided, That the retired member shall may not, during the term of his or her retirement and continued service as a member of the legislative body of a political subdivision, be eligible to continue his or her participation as a contributing member of the system and shall may not continue to accrue any additional service credit or benefits in the system related to the continued service.

(f) (g) Notwithstanding the provisions of §5-10-27b of this code,Code, any publicly elected member of the legislative body of any political subdivision or of the State Legislature, the Clerk of the House of Delegates, and the Clerk of the Senate may elect to commence receiving in-service retirement distributions from this system upon attaining the age of 70 and one-half years:

(g) (h) The provisions of §5-10-22h of this code are not applicable to the amendments made to this section during the 2006 regular session.

CHAPTER 50.

MAGISTRATE COURTS.

ARTICLE 1.

COURTS AND OFFICERS.

§50-1-6a.

Temporary appointment of retired magistrates.

(a) The West Virginia Supreme Court of Appeals is authorized and empowered to create a panel of senior magistrates to consist of, and to utilize the talent and experience of, retired magistrates of this state.

(b) Senior magistrates recalled and assigned to service shall receive per diem compensation set by the Supreme Court of Appeals, but not to exceed $200 for each day actually served:

Provided, That the combined total of per diem compensation and retirement benefits paid to a senior magistrate during a single calendar year may not exceed the annual salary of a sitting magistrate, except as set forth in subsection (c) of this section.  (c) Notwithstanding subsection (b) of this section, for purposes of maintaining magisterial efficacy and continuity of magisterial decisionmaking, a senior magistrate may continue to receive per diem compensation after the combined total of per diem compensation and retirement benefits paid to the senior magistrate during that calendar year exceeds the annual salary of a sitting magistrate if the Chief Justice of the Supreme Court of Appeals enters an administrative order certifying there are certain extraordinary circumstances involving  the necessary absence of a sitting magistrate because of a protracted, but temporary, illness or medical condition or a lengthy suspension which necessitate the extended assignment of the senior magistrate.

Immediately upon entering such an order, the chief justice shall submit copies of the order to the State Auditor and the State Treasurer.

(d) In addition to the compensation authorized by this section, senior magistrates recalled to service may be reimbursed for their actual and necessary expenses incurred in the performance of their duties.

(b) The West Virginia Supreme Court of Appeals is authorized and empowered to The Legislature recognizes and acknowledges the authority of the West Virginia Supreme Court of Appeals to recall retired judges and justices for temporary assignment and to create a panel of senior judges and justices to utilize the talent and experience of former circuit court judges and supreme court justices of this state:state.

Provided,The ThatSupreme extendedCourt assignment of retiredAppeals judgesshall andpromulgate justicesrules mustproviding notfor besaid utilizedjudges inand suchjustices a way as to threatenbe theassigned qualifiedduties statusas ofneeded theand Judges’as Retirementfeasible Systemtoward underthe applicableobjective provisions of thereducing Internalcaseloads Revenueand Code,providing includingspeedier Treasurytrials Regulation section 1.401(a)-1(b)(1) requiring that a qualified plan must be established primarily to providelitigants paymentthroughout ofthe definitelystate. determinable benefits to its employees after retirement or attainment of normal retirement age.

(c)Provided, SeniorThat judgesReasonable andpayment justicesshall recalledbe andmade assigned to servicesaid shalljudges receiveand perjustices diemon compensationa setper bydiem thebasis: Supreme Court of Appeals, but not to exceed $430 for each day actually served:

Provided, however, That the combined total of per diem compensation and retirement benefitscompensation paidof to a senior judge orshall justice during a single calendar year may not exceed the annual salary of a\a sitting circuit judge, except as set forth in subsection (d) of this section.  (d) Notwithstanding subsection (c) of this section, for purposes of maintaining judicial efficacy and continuity in judicial decisionmaking, a senior judge or justice may continue to receive per diem compensation after the combined total of per diem compensation and retirementAllowances benefitsshall paidalso tobe themade seniorfor judge or justice during that calendar year exceeds the annual salary of a sitting circuit judge if the Chief Justice of the Supreme Court of Appeals enters an administrative order certifying there are certain extraordinary circumstances involving the necessary absenceexpenses ofas aprovided sittingfor judicialspecial officerjudges becauseunder of§51-2-1 aet protracted,seq. but temporary, illness or medical condition or a lengthy suspension which necessitate the extended assignment of the senior judge or justice.

and §51-2-1 et seq.

of this Code (c) Senior judges and justices recalled and assigned to service shall receive per diem compensation set by the Supreme Court of Appeals, but not to exceed $430 for each day actually served:

Provided, That the combined total of per diem compensation and retirement benefits paid to a senior judge or justice during a single calendar year may not exceed the annual salary of a sitting circuit judge, except as set forth in subsection (d) of this section.  (d) Notwithstanding subsection (c) of this section, for purposes of maintaining judicial efficacy and continuity in judicial decisionmaking, a senior judge or justice may continue to receive per diem compensation after the combined total of per diem compensation and retirement benefits paid to the senior judge or justice during that calendar year exceeds the annual salary of a sitting circuit judge if the Chief Justice of the Supreme Court of Appeals enters an administrative order certifying that circumstances, such as the protracted illness or the lengthy suspension or absence of a sitting judicial officer, necessitate the extended assignment of the senior judge or justice.

BillNOTE: Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.

The purpose of this bill is to fix the rate of per diem compensation for senior judges or justices by statute and to limit the combined annual total of per diem compensation and retirement benefits that may be paid to a senior judge or justice, absent an Administrative Order by the Chief Justice of the Supreme Court of Appeals.

The bill requires the State Treasurer to petition the West Virginia Supreme Court of Appeals for a writ of prohibition, prohibiting the State Auditor from issuing warrants to authorize payment of compensation to senior judges and justices above the new statutory compensation limits.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.