§ 8-8.2-6 - Retirement of judges on reduced pay.

SECTION 8-8.2-6

   § 8-8.2-6  Retirement of judges on reducedpay. – (a) Whenever any person engaged as a judge on or before July 2, 1997, hasserved as a judge of the administrative adjudication court or as a judge of theadministrative adjudication court who is reassigned by this chapter to thetraffic tribunal for twenty (20) years, or has so served for ten (10) years andhas reached the age of sixty five (65) years, the judge may retire from activeservice and, thereafter, the judge shall receive annually during life a sumequal to three fourths (3/4) of the annual salary that the judge was receivingat the time of retirement; provided, however, any person who has served fortwenty (20) years and has reached the age of sixty five (65) years, or has soserved for fifteen (15) years and reached the age of seventy (70) years, mayretired from active service and, thereafter, the judge shall receive annuallyduring his or her life a sum equal to the annual salary he or she was receivingat the time of his or her retirement. In determining eligibility under thissection, any judge who has served within the judiciary or as a hearing officeror administrative law judge, may include such service as if the service hadbeen on the administrative adjudication court and shall be included under theprovisions of § 36-9-5. Whenever a judge or magistrate shall be granted aleave of absence without pay, such absence shall not be credited towards activeservice time for the purposes of retirement.

   (b) Any judge who shall retire in accordance with theprovisions of this section may at his or her request, and at the direction ofthe chief justice of the supreme court subject to the retiree's physical andmental competence, be assigned to perform such services as a judge ormagistrate in the traffic tribunal as the chief magistrate of the traffictribunal or the chief justice shall prescribe. When so assigned and performingthat service, he or she shall have all the powers and authority of a judge ormagistrate. A retired judge shall not be counted in the number of magistratesprovided by law for the traffic tribunal nor shall he or she receive anyfurther emolument other than his or her retirement pay for the performance ofthe aforesaid services.