27-17 Retirement of Judges
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<![CDATA[CHAPTER 27-17RETIREMENT OF JUDGES27-17-01. Retirement of supreme court judges and district court judges.1.Every judge of the supreme court or of the district court, including one who has<br>served or shall have served in either or both capacities, shall, at the time the judge<br>ceases to be such judge and regardless of the individual's age at that time and<br>without further payment by that individual into the judicial retirement fund, acquire a<br>vested right to the judicial retirement salary herein provided for, payable upon<br>application therefor at any time after that individual has attained any of the<br>retirement ages with years of service, as follows:a.65 and 20 years of service;b.66 and 18 years of service;c.67 and 16 years of service;d.68 and 14 years of service;e.69 and 12 years of service; orf.70 and 10 years of service.Provided, however, that any judge of the supreme court or district court who is<br>appointed or elected to such court from and after July 1, 1960, who has become<br>eligible for retirement hereunder but fails to make application therefor prior to<br>attaining the age of seventy-three years, shall automatically waive all retirement<br>benefits hereunder and shall receive a return of only such moneys as have been<br>retained by the state of North Dakota as a judicial retirement assessment, upon the<br>salary of such judge.2.If a judge has served fewer than the years of service above required for any given<br>retirement age, the judge is entitled to receive judicial retirement salary only in<br>proportion that the judge's years of service bear to the years of service otherwise<br>required for retirement at such age. Any judge who has not served at least ten years<br>on reaching that individual's seventy-third birthday may not be deemed to have<br>waived retirement benefits under this chapter, provided the judge retires at the<br>expiration of the judge's present term.3.The amount of judicial retirement salary payable to a retired judge under<br>subsection 1 must be equal to fifty percent of the annual salary payable to judges of<br>the classification the retired judge had at the time the individual retired, provided that<br>prior to retirement the individual was reelected as a judge of either the supreme or<br>district court following July 1, 1973, but in no event may the individual's judicial<br>retirement salary be computed upon a judicial salary less than the one the individual<br>last received prior to reelection.The amendment to this section may not beconstrued to affect supreme or district court judges who shall have retired prior to<br>July 1, 1973, or who shall retire during or at the end of their term of office which<br>commenced prior to that date. As used in this subsection, the word "reelected" also<br>includes election of a former district judge to the supreme court, and election of a<br>former supreme court judge to the district court.4.The judicial retirement salary payable under this section must be paid to the retired<br>judge during the remainder of the individual's natural life and must be paid by the<br>director of the office of management and budget, within thirty days after receiving<br>application therefor, in the same manner as salaries are paid to judges of the districtPage No. 1court and judges of the supreme court, except that judicial retirement salaries are<br>not subject to judicial retirement assessment.5.In lieu of receiving the judicial retirement salary otherwise payable under this<br>chapter, the judge, at any time after having attained retirement age, may irrevocably<br>elect to receive judicial retirement salary according to one of the following optional<br>modes of payment:a.First Option. Three-fourths of the judge's retirement salary payable to the judge<br>alone until death and thereafter one-half of such amount payable to the<br>surviving spouse upon the spouse's attaining sixty-two years of age and until<br>the spouse remarries or dies.b.Second Option.Two-thirds of the judge's retirement salary payable to thejudge alone until death and thereafter a like amount payable to the surviving<br>spouse upon the spouse's attaining sixty-two years of age and until the spouse<br>remarries or dies.c.Third Option. One-half of the judge's retirement salary payable to the judge<br>until death and a like amount payable to the spouse upon the spouse's attaining<br>sixty-two years of age and so long as the spouse continues to be the judge's<br>spouse or unremarried surviving spouse.The election of one of the foregoing optional modes of payment must be made in the<br>application for payment of judicial retirement salary, or by written declaration of such<br>election, signed by the judge and delivered to the director of the office of<br>management and budget. In the event the judge has elected an optional mode of<br>payment and dies without having made application for judicial retirement salary, the<br>judicial retirement salary payable to the surviving spouse according to the judge's<br>option is payable to the surviving spouse in the same manner as if the judge had<br>made application for judicial retirement salary. In the event that a judge entitled to<br>retirement pay dies without having elected an optional mode of payment, the<br>surviving spouse is entitled to payments as provided by the first option as set forth in<br>subdivision a. Judicial retirement salary payable according to one of the foregoing<br>optional modes of payment must be paid in like manner as the full judicial retirement<br>salary is paid. Any judge who retired prior to the effective date of the amendment to<br>this section as provided for in chapter 222 of the 1961 Session Laws, and otherwise<br>eligible for the optional modes of payment herein provided for, may apply for one of<br>the optional modes of payment by written declaration to the director of the office of<br>management and budget; provided, however, such judge shall repay to the state<br>treasury the amount of money the individual has drawn since the date of the<br>individual's retirement in excess of what the individual would have drawn if the<br>individual had chosen the optional mode of payment now applied for at the date of<br>the individual's retirement.27-17-01.1. Supplemental retirement benefits. Repealed by S.L. 1983, ch. 576, </p>
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