Bill Text: MN SF1508 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Judicial election districts creation; judge mandatory retirement date modification and optional retirement establishment; annuity forfeiture requirement
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2012-01-24 - Referred to Local Government and Elections [SF1508 Detail]
Download: Minnesota-2011-SF1508-Introduced.html
1.2relating to judges; creating judicial election districts; amending the mandatory
1.3retirement date for judges; creating optional retirement dates; imposing partial
1.4forfeiture of annuity under certain circumstances; amending Minnesota Statutes
1.52010, sections 2.722, subdivision 1; 10A.09, subdivision 1; 204B.06, subdivision
1.66; 490.121, subdivision 21d, by adding subdivisions; 490.124, subdivisions 1, 3,
1.7by adding subdivisions; proposing coding for new law in Minnesota Statutes,
1.8chapter 480B.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 2.722, subdivision 1, is amended to read:
1.11 Subdivision 1. Description of judicial districts and election districts. (a)
1.12Effective July 1, 1959, the state is divided into ten judicial districts composed of the
1.13following named counties, respectively, in each of which districts judges shall be chosen
1.14as hereinafter specified:
1.15 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and
1.16four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and
1.17Glencoe and one other shall be maintained at the place designated by the chief judge
1.18of the district;
1.19 2. Ramsey; 26 judges;
1.20 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn,
1.21Mower, and Fillmore; 23 judges; and permanent chambers shall be maintained in
1.22Faribault, Albert Lea, Austin, Rochester, and Winona;
1.23 4. Hennepin; 60 judges;
1.24 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
1.25Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and
2.1permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm,
2.2and Mankato;
2.3 6. Carlton, St. Louis, Lake, and Cook; 15 judges;
2.4 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker,
2.5and Wadena; 28 judges; and permanent chambers shall be maintained in Moorhead,
2.6Fergus Falls, Little Falls, and St. Cloud;
2.7 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine,
2.8Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent
2.9chambers shall be maintained in Morris, Montevideo, and Willmar;
2.10 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington,
2.11Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
2.12Koochiching; 23 judges; and permanent chambers shall be maintained in Crookston, Thief
2.13River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
2.14 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington;
2.1545 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other
2.16places designated by the chief judge of the district.
2.17(b) In all districts except the Second and Fourth Judicial Districts, a candidate for
2.18district court judge shall be elected by voters residing in the county in which the judge is
2.19chambered. If no judge is chambered in a county, the Commission on Judicial Selection
2.20shall assign a judgeship to a contiguous group of counties for an election at least 30 days
2.21prior to a general election.
2.22In the Second and Fourth Judicial Districts, a candidate for district court judge shall
2.23be elected by voters residing in the judge's judicial election precinct. By October 1, 2011,
2.24and thereafter, 30 days prior to a general election following the addition of a judgeship, the
2.25Commission on Judicial Selection shall establish boundaries of judicial election precincts
2.26and assign a judgeship to each precinct in the Second and Fourth Judicial districts. The
2.27boundaries of judicial election precincts must follow visible, clearly recognizable physical
2.28features, be composed of compact, contiguous territory, and be substantially equal in
2.29population based on the results of the most recent decennial census.
2.30EFFECTIVE DATE.This section is effective July 1, 2011.
2.31 Sec. 2. Minnesota Statutes 2010, section 10A.09, subdivision 1, is amended to read:
2.32 Subdivision 1. Time for filing.Except for a candidate for elective office in the
2.33judicial branch, An individual must file a statement of economic interest with the board:
2.34(1) within 60 days of accepting employment as a public official or a local official in
2.35a metropolitan governmental unit;
3.1(2) within 14 days after filing an affidavit of candidacy or petition to appear on the
3.2ballot for an elective state office or an elective local office in a metropolitan governmental
3.3unit;
3.4(3) in the case of a public official requiring the advice and consent of the senate,
3.5within 14 days after undertaking the duties of office; or
3.6(4) in the case of members of the Minnesota Racing Commission, the director
3.7of the Minnesota Racing Commission, chief of security, medical officer, inspector of
3.8pari-mutuels, and stewards employed or approved by the commission or persons who
3.9fulfill those duties under contract, within 60 days of accepting or assuming duties.
3.10 Sec. 3. Minnesota Statutes 2010, section 204B.06, subdivision 6, is amended to read:
3.11 Subd. 6. Judicial candidates; designation of term. (a) An individual who files as a
3.12candidate for the office of chief justice or associate justice of the Supreme Court, judge of
3.13the Court of Appeals, or judge of the district court shall state in the affidavit of candidacy
3.14the office of the particular justice or judge for which the individual is a candidate. The
3.15individual shall be a candidate only for the office identified in the affidavit. Each justice
3.16of the Supreme Court and each Court of Appeals and district court judge is deemed to
3.17hold a separate nonpartisan office.
3.18(b) An incumbent justice or judge shall not be named on the ballot unless the justice
3.19or judge has filed a commitment in writing to the secretary of state by May 1 of the year
3.20of the expiration of the term of office of such judge. The commitment shall provide that
3.21the justice or judge will serve the office identified in the affidavit for candidacy until the
3.22expiration of the term of office, the mandatory retirement date, the optional retirement
3.23date, or the disability date, or until appointed to another office of government, or is unable
3.24to serve due to a compelling physical or personal reason, as defined in section 490.121,
3.25subdivision 7d.
3.26(c) When a judge or justice reaches the age of 70, the office of the judge shall be
3.27placed on the ballot in the general election year of the judge's mandatory retirement date,
3.28as defined in section 490.121, subdivision 21d, if the judge is serving in office 30 days
3.29prior to the general election.
3.30EFFECTIVE DATE.This section is effective July 1, 2011.
3.31 Sec. 4. [480B.02] ELECTION OF JUDGES TO FILL VACANCIES.
3.32 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
3.33section.
4.1(b) "Placeholder" means a qualified person who has been appointed by the governor
4.2to a judicial office. A placeholder who has been appointed to judicial office is not a prior
4.3office holder or the successor of a prior office holder, unless later elected to that position.
4.4(c) "Prior office holder" means a person who had been elected to judicial office and
4.5held the position until death, resignation, or removal from office created a vacancy in
4.6the judicial office.
4.7(d) "Qualified person" is a person who is learned in the law, is a resident of the
4.8district in which the person will serve, and meets all other requirements for holding
4.9judicial office as provided in law.
4.10(e) "Successor" means a person who is elected to a judicial office to fill a vacancy
4.11which was created by a prior office holder through death, resignation, or removal from
4.12office.
4.13(f) "Vacancy" means an unfilled judicial office created when the prior office holder
4.14dies, resigns, or is removed from office. The mere announcement of an intention to resign
4.15does not create a vacancy.
4.16 Subd. 2. Filling a judicial vacancy. (a) Whenever there is a vacancy in the office
4.17of judge, the governor shall appoint a placeholder to fill the vacancy until a successor is
4.18elected and qualified. A successor shall be elected at the next general election occurring
4.19more than one year after the date of appointment of the placeholder.
4.20(b) The death, resignation, or removal of a placeholder from office prior to an
4.21election shall not alter the date of the election of a successor. Should the placeholder fail
4.22to serve, for any reason, in the judicial office until the successor is elected, then:
4.23(1) if the election is less than 12 months away, the position shall be filled when a
4.24successor is elected; or
4.25(2) if the election is more than 12 months away, the governor shall appoint a
4.26qualified person who shall serve only until a successor is elected and qualified.
4.27 Sec. 5. Minnesota Statutes 2010, section 490.121, is amended by adding a subdivision
4.28to read:
4.29 Subd. 7d. Compelling physical or personal reason. "Compelling physical or
4.30personal reason" means a physical condition that renders the judge unable to perform the
4.31duties of judicial office or the need to care for a member of the judge's immediate family.
4.32EFFECTIVE DATE.This section is effective July 1, 2011, and applies to vacancies
4.33occurring on or after that date.
4.34 Sec. 6. Minnesota Statutes 2010, section 490.121, subdivision 21d, is amended to read:
5.1 Subd. 21d. Mandatory retirement date. "Mandatory retirement date" means
5.2the last day of the month in which December 31 of the year of a general election after a
5.3judge has attained 70 years of age.
5.4EFFECTIVE DATE.This section is effective July 1, 2011.
5.5 Sec. 7. Minnesota Statutes 2010, section 490.121, is amended by adding a subdivision
5.6to read:
5.7 Subd. 21g. Optional retirement date. "Optional retirement date" means December
5.831 of a general election year.
5.9EFFECTIVE DATE.This section is effective July 1, 2011.
5.10 Sec. 8. Minnesota Statutes 2010, section 490.124, subdivision 1, is amended to read:
5.11 Subdivision 1. Basic retirement annuity. (a) Except as qualified hereinafter from
5.12and after the mandatory retirement date, the normal retirement date, the early retirement
5.13date, the optional retirement date, or one year from the disability retirement date or date
5.14approved by the Court of Appeals under subdivision 4a, as the case may be, a retiring
5.15judge is eligible to receive a retirement annuity from the judges' retirement fund.
5.16 (b) The retirement annuity is an amount equal to: (1) the percent specified in section
5.17356.315, subdivision 7
, multiplied by the judge's final average compensation with that
5.18result then multiplied by the number of years and fractions of years of allowable service
5.19rendered before July 1, 1980; plus (2) the percent specified in section356.315, subdivision
5.208 , multiplied by the judge's final average compensation with that result then multiplied
5.21by the number of years and fractions of years of allowable service rendered after June
5.2230, 1980.
5.23 (c) Service that exceeds the service credit limit in section490.121, subdivision 22 ,
5.24must be excluded in calculating the retirement annuity, but the compensation earned by
5.25the judge during this period of judicial service must be used in determining a judge's final
5.26average compensation and calculating the retirement annuity.
5.27EFFECTIVE DATE.This section is effective July 1, 2011.
5.28 Sec. 9. Minnesota Statutes 2010, section 490.124, subdivision 3, is amended to read:
5.29 Subd. 3. Early reduced retirement. Except as provided in subdivision 3a, the
5.30retirement annuity under subdivision 1 of any judge who elects to retire at an early
5.31retirement date that does not qualify as an optional retirement date must be reduced by
5.32one-half of one percent per month from the retirement date to the normal retirement date.
6.1EFFECTIVE DATE.This section is effective July 1, 2011.
6.2 Sec. 10. Minnesota Statutes 2010, section 490.124, is amended by adding a subdivision
6.3to read:
6.4 Subd. 3a. Partial forfeiture of retirement annuity. The retirement annuity under
6.5subdivision 1 of any judge who elects to retire at any date that results in the appointment
6.6of a successor by the governor must be reduced by 25 percent. This subdivision shall
6.7not apply if the judge is appointed to serve on another court, the judge retires due to a
6.8disability, or the judge retires for compelling physical or personal reasons.
6.9EFFECTIVE DATE.This section is effective July 1, 2011, and applies to judges
6.10elected or appointed to a new term of office on or after that date.
6.11 Sec. 11. Minnesota Statutes 2010, section 490.124, is amended by adding a subdivision
6.12to read:
6.13 Subd. 4a. Compelling physical or personal reason retirement. (a) An incumbent
6.14judge may retire at any time if unable to continue to serve as a judge for a compelling
6.15physical or personal reason, as approved by the Court of Appeals. When the Court of
6.16Appeals determines that a judge is unable to serve under this subdivision, notice of
6.17the court's determination must be sent to the judge, to the chief justice of the Supreme
6.18Court, to the state court administrator, and to the executive director of the Minnesota
6.19State Retirement System.
6.20(b) From and after this retirement date, the judge is entitled to continuation of the
6.21judge's full salary payable by the judge's employer, as if the judge's office were not vacated
6.22by retirement, for a period of up to one full year, but in no event beyond the judge's
6.23mandatory retirement date. During this year, the judge is entitled to earn additional service
6.24credit in the judges' retirement plan. The salary payable to a judge is subject to retirement
6.25deductions and must be included in computing final average compensation of the judge.
6.26(c) At the conclusion of the year of continued salary following retirement under this
6.27subdivision or upon the judge's mandatory retirement date, whichever is earlier, the judge
6.28is entitled to a retirement annuity computed as provided in subdivision 1.
6.29EFFECTIVE DATE.This section is effective July 1, 2011.
1.3retirement date for judges; creating optional retirement dates; imposing partial
1.4forfeiture of annuity under certain circumstances; amending Minnesota Statutes
1.52010, sections 2.722, subdivision 1; 10A.09, subdivision 1; 204B.06, subdivision
1.66; 490.121, subdivision 21d, by adding subdivisions; 490.124, subdivisions 1, 3,
1.7by adding subdivisions; proposing coding for new law in Minnesota Statutes,
1.8chapter 480B.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 2.722, subdivision 1, is amended to read:
1.11 Subdivision 1. Description of judicial districts and election districts. (a)
1.12Effective July 1, 1959, the state is divided into ten judicial districts composed of the
1.13following named counties, respectively, in each of which districts judges shall be chosen
1.14as hereinafter specified:
1.15 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and
1.16four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and
1.17Glencoe and one other shall be maintained at the place designated by the chief judge
1.18of the district;
1.19 2. Ramsey; 26 judges;
1.20 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn,
1.21Mower, and Fillmore; 23 judges; and permanent chambers shall be maintained in
1.22Faribault, Albert Lea, Austin, Rochester, and Winona;
1.23 4. Hennepin; 60 judges;
1.24 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
1.25Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and
2.1permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm,
2.2and Mankato;
2.3 6. Carlton, St. Louis, Lake, and Cook; 15 judges;
2.4 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker,
2.5and Wadena; 28 judges; and permanent chambers shall be maintained in Moorhead,
2.6Fergus Falls, Little Falls, and St. Cloud;
2.7 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine,
2.8Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent
2.9chambers shall be maintained in Morris, Montevideo, and Willmar;
2.10 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington,
2.11Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
2.12Koochiching; 23 judges; and permanent chambers shall be maintained in Crookston, Thief
2.13River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
2.14 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington;
2.1545 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other
2.16places designated by the chief judge of the district.
2.17(b) In all districts except the Second and Fourth Judicial Districts, a candidate for
2.18district court judge shall be elected by voters residing in the county in which the judge is
2.19chambered. If no judge is chambered in a county, the Commission on Judicial Selection
2.20shall assign a judgeship to a contiguous group of counties for an election at least 30 days
2.21prior to a general election.
2.22In the Second and Fourth Judicial Districts, a candidate for district court judge shall
2.23be elected by voters residing in the judge's judicial election precinct. By October 1, 2011,
2.24and thereafter, 30 days prior to a general election following the addition of a judgeship, the
2.25Commission on Judicial Selection shall establish boundaries of judicial election precincts
2.26and assign a judgeship to each precinct in the Second and Fourth Judicial districts. The
2.27boundaries of judicial election precincts must follow visible, clearly recognizable physical
2.28features, be composed of compact, contiguous territory, and be substantially equal in
2.29population based on the results of the most recent decennial census.
2.30EFFECTIVE DATE.This section is effective July 1, 2011.
2.31 Sec. 2. Minnesota Statutes 2010, section 10A.09, subdivision 1, is amended to read:
2.32 Subdivision 1. Time for filing.
2.33
2.34(1) within 60 days of accepting employment as a public official or a local official in
2.35a metropolitan governmental unit;
3.1(2) within 14 days after filing an affidavit of candidacy or petition to appear on the
3.2ballot for an elective state office or an elective local office in a metropolitan governmental
3.3unit;
3.4(3) in the case of a public official requiring the advice and consent of the senate,
3.5within 14 days after undertaking the duties of office; or
3.6(4) in the case of members of the Minnesota Racing Commission, the director
3.7of the Minnesota Racing Commission, chief of security, medical officer, inspector of
3.8pari-mutuels, and stewards employed or approved by the commission or persons who
3.9fulfill those duties under contract, within 60 days of accepting or assuming duties.
3.10 Sec. 3. Minnesota Statutes 2010, section 204B.06, subdivision 6, is amended to read:
3.11 Subd. 6. Judicial candidates; designation of term. (a) An individual who files as a
3.12candidate for the office of chief justice or associate justice of the Supreme Court, judge of
3.13the Court of Appeals, or judge of the district court shall state in the affidavit of candidacy
3.14the office of the particular justice or judge for which the individual is a candidate. The
3.15individual shall be a candidate only for the office identified in the affidavit. Each justice
3.16of the Supreme Court and each Court of Appeals and district court judge is deemed to
3.17hold a separate nonpartisan office.
3.18(b) An incumbent justice or judge shall not be named on the ballot unless the justice
3.19or judge has filed a commitment in writing to the secretary of state by May 1 of the year
3.20of the expiration of the term of office of such judge. The commitment shall provide that
3.21the justice or judge will serve the office identified in the affidavit for candidacy until the
3.22expiration of the term of office, the mandatory retirement date, the optional retirement
3.23date, or the disability date, or until appointed to another office of government, or is unable
3.24to serve due to a compelling physical or personal reason, as defined in section 490.121,
3.25subdivision 7d.
3.26(c) When a judge or justice reaches the age of 70, the office of the judge shall be
3.27placed on the ballot in the general election year of the judge's mandatory retirement date,
3.28as defined in section 490.121, subdivision 21d, if the judge is serving in office 30 days
3.29prior to the general election.
3.30EFFECTIVE DATE.This section is effective July 1, 2011.
3.31 Sec. 4. [480B.02] ELECTION OF JUDGES TO FILL VACANCIES.
3.32 Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this
3.33section.
4.1(b) "Placeholder" means a qualified person who has been appointed by the governor
4.2to a judicial office. A placeholder who has been appointed to judicial office is not a prior
4.3office holder or the successor of a prior office holder, unless later elected to that position.
4.4(c) "Prior office holder" means a person who had been elected to judicial office and
4.5held the position until death, resignation, or removal from office created a vacancy in
4.6the judicial office.
4.7(d) "Qualified person" is a person who is learned in the law, is a resident of the
4.8district in which the person will serve, and meets all other requirements for holding
4.9judicial office as provided in law.
4.10(e) "Successor" means a person who is elected to a judicial office to fill a vacancy
4.11which was created by a prior office holder through death, resignation, or removal from
4.12office.
4.13(f) "Vacancy" means an unfilled judicial office created when the prior office holder
4.14dies, resigns, or is removed from office. The mere announcement of an intention to resign
4.15does not create a vacancy.
4.16 Subd. 2. Filling a judicial vacancy. (a) Whenever there is a vacancy in the office
4.17of judge, the governor shall appoint a placeholder to fill the vacancy until a successor is
4.18elected and qualified. A successor shall be elected at the next general election occurring
4.19more than one year after the date of appointment of the placeholder.
4.20(b) The death, resignation, or removal of a placeholder from office prior to an
4.21election shall not alter the date of the election of a successor. Should the placeholder fail
4.22to serve, for any reason, in the judicial office until the successor is elected, then:
4.23(1) if the election is less than 12 months away, the position shall be filled when a
4.24successor is elected; or
4.25(2) if the election is more than 12 months away, the governor shall appoint a
4.26qualified person who shall serve only until a successor is elected and qualified.
4.27 Sec. 5. Minnesota Statutes 2010, section 490.121, is amended by adding a subdivision
4.28to read:
4.29 Subd. 7d. Compelling physical or personal reason. "Compelling physical or
4.30personal reason" means a physical condition that renders the judge unable to perform the
4.31duties of judicial office or the need to care for a member of the judge's immediate family.
4.32EFFECTIVE DATE.This section is effective July 1, 2011, and applies to vacancies
4.33occurring on or after that date.
4.34 Sec. 6. Minnesota Statutes 2010, section 490.121, subdivision 21d, is amended to read:
5.1 Subd. 21d. Mandatory retirement date. "Mandatory retirement date" means
5.2
5.3judge has attained 70 years of age.
5.4EFFECTIVE DATE.This section is effective July 1, 2011.
5.5 Sec. 7. Minnesota Statutes 2010, section 490.121, is amended by adding a subdivision
5.6to read:
5.7 Subd. 21g. Optional retirement date. "Optional retirement date" means December
5.831 of a general election year.
5.9EFFECTIVE DATE.This section is effective July 1, 2011.
5.10 Sec. 8. Minnesota Statutes 2010, section 490.124, subdivision 1, is amended to read:
5.11 Subdivision 1. Basic retirement annuity. (a) Except as qualified hereinafter from
5.12and after the mandatory retirement date, the normal retirement date, the early retirement
5.13date, the optional retirement date, or one year from the disability retirement date or date
5.14approved by the Court of Appeals under subdivision 4a, as the case may be, a retiring
5.15judge is eligible to receive a retirement annuity from the judges' retirement fund.
5.16 (b) The retirement annuity is an amount equal to: (1) the percent specified in section
5.18result then multiplied by the number of years and fractions of years of allowable service
5.19rendered before July 1, 1980; plus (2) the percent specified in section
5.208
5.21by the number of years and fractions of years of allowable service rendered after June
5.2230, 1980.
5.23 (c) Service that exceeds the service credit limit in section
5.24must be excluded in calculating the retirement annuity, but the compensation earned by
5.25the judge during this period of judicial service must be used in determining a judge's final
5.26average compensation and calculating the retirement annuity.
5.27EFFECTIVE DATE.This section is effective July 1, 2011.
5.28 Sec. 9. Minnesota Statutes 2010, section 490.124, subdivision 3, is amended to read:
5.29 Subd. 3. Early reduced retirement. Except as provided in subdivision 3a, the
5.30retirement annuity under subdivision 1 of any judge who elects to retire at an early
5.31retirement date that does not qualify as an optional retirement date must be reduced by
5.32one-half of one percent per month from the retirement date to the normal retirement date.
6.1EFFECTIVE DATE.This section is effective July 1, 2011.
6.2 Sec. 10. Minnesota Statutes 2010, section 490.124, is amended by adding a subdivision
6.3to read:
6.4 Subd. 3a. Partial forfeiture of retirement annuity. The retirement annuity under
6.5subdivision 1 of any judge who elects to retire at any date that results in the appointment
6.6of a successor by the governor must be reduced by 25 percent. This subdivision shall
6.7not apply if the judge is appointed to serve on another court, the judge retires due to a
6.8disability, or the judge retires for compelling physical or personal reasons.
6.9EFFECTIVE DATE.This section is effective July 1, 2011, and applies to judges
6.10elected or appointed to a new term of office on or after that date.
6.11 Sec. 11. Minnesota Statutes 2010, section 490.124, is amended by adding a subdivision
6.12to read:
6.13 Subd. 4a. Compelling physical or personal reason retirement. (a) An incumbent
6.14judge may retire at any time if unable to continue to serve as a judge for a compelling
6.15physical or personal reason, as approved by the Court of Appeals. When the Court of
6.16Appeals determines that a judge is unable to serve under this subdivision, notice of
6.17the court's determination must be sent to the judge, to the chief justice of the Supreme
6.18Court, to the state court administrator, and to the executive director of the Minnesota
6.19State Retirement System.
6.20(b) From and after this retirement date, the judge is entitled to continuation of the
6.21judge's full salary payable by the judge's employer, as if the judge's office were not vacated
6.22by retirement, for a period of up to one full year, but in no event beyond the judge's
6.23mandatory retirement date. During this year, the judge is entitled to earn additional service
6.24credit in the judges' retirement plan. The salary payable to a judge is subject to retirement
6.25deductions and must be included in computing final average compensation of the judge.
6.26(c) At the conclusion of the year of continued salary following retirement under this
6.27subdivision or upon the judge's mandatory retirement date, whichever is earlier, the judge
6.28is entitled to a retirement annuity computed as provided in subdivision 1.
6.29EFFECTIVE DATE.This section is effective July 1, 2011.
