Bill Text: MS SB2621 | 2014 | Regular Session | Introduced
Bill Title: Special judges; allow to serve in retirement on same basis as other retired state employees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [SB2621 Detail]
Download: Mississippi-2014-SB2621-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary, Division A; Appropriations
By: Senator(s) Hopson
Senate Bill 2621
AN ACT TO AMEND SECTIONS 9-1-105 AND 25-11-127, MISSISSIPPI CODE OF 1972, TO ALLOW SPECIAL JUDGES TO SERVE IN RETIREMENT ON THE SAME BASIS AS OTHER RETIRED STATE EMPLOYEES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-1-105, Mississippi Code of 1972, is amended as follows:
9-1-105. (1) Whenever any
judicial officer is unwilling or unable to hear a case or unable to hold or
attend any of the courts at the time and place required by law by reason of the
physical disability or sickness of * * * the judicial officer, by reason of
the absence of * * *
the judicial officer from the state, by reason of the disqualification
of * * * the
judicial officer pursuant to the provision of Section 165, Mississippi
Constitution of 1890, or any provision of the Code of Judicial Conduct, or for
any other reason, the Chief Justice of the Mississippi Supreme Court, with the
advice and consent of a majority of the justices of the Mississippi Supreme
Court, may appoint a person as a special judge to hear the case or attend and
hold a court.
(2) Upon the request of the
Chief Judge of the Court of Appeals or the senior judge of a chancery or
circuit court district, or upon his own motion, the Chief Justice of the
Mississippi Supreme Court, with the advice and consent of a majority of the
justices of the Mississippi Supreme Court, shall have the authority to appoint
a special judge to serve on a temporary basis in a circuit or chancery court in
the event of an emergency or overcrowded docket. It shall be the duty of any
special judge so appointed to assist the court to which he is assigned in the
disposition of causes so pending in * * * that court for whatever period of
time is designated by the Chief Justice.
(3) When a vacancy exists
for any of the reasons enumerated in Section 9-1-103, the vacancy has not been
filled within seven (7) days by an appointment by the Governor, and there is a
pending cause or are pending causes in the court where the vacancy exists that
in the interests of justice and in the orderly dispatch of the court's business
require the appointment of a special judge, the Chief Justice of the Supreme
Court, with the advice and consent of a majority of the justices of the Mississippi
Supreme Court, may appoint a qualified person as a special judge to fill the
vacancy until the Governor makes his appointment and * * * the appointee has taken the oath of
office.
(4) If the Chief Justice
pursuant to this section shall make an appointment within the authority vested
in the Governor by reason of Section 165, Mississippi Constitution of 1890, the
Governor may at his election appoint a person to so serve. * * * If the Governor makes
such an appointment, any appointment made by the Chief Justice pursuant to this
section shall be void and of no further force or effect from the date of the
Governor's appointment.
(5) When a judicial officer
is unwilling or unable to hear a case or unable or unwilling to hold court for
a period of time not to exceed two (2) weeks, the trial judge or judges of the
affected district or county and other trial judges may agree among themselves
regarding the appointment of a person for * * * the case or * * * the limited period of time. The
trial judges shall submit a notice to the Chief Justice of the Supreme Court
informing him of their appointment. If the Chief Justice does not appoint
another person to serve as special judge within seven (7) days after receipt of * * * the notice, the person designated
in * * * the
order shall be deemed appointed.
(6) A person appointed to
serve as a special judge may be any currently sitting or retired chancery,
circuit or county court judge, Court of Appeals judge or Supreme Court Justice,
or any other person possessing the qualifications of the judicial office for
which the appointment is made; * * * however, * * * a judge or justice who was retired from
service at the polls shall not be eligible for appointment as a special judge
in the district in which he served prior to his defeat.
(7) Except as otherwise provided in subsection (2) of this section, the need for an appointment pursuant to this section may be certified to the Chief Justice of the Mississippi Supreme Court by any attorney in good standing or other officer of the court.
(8) The order appointing a person as a special judge pursuant to this section shall describe as specifically as possible the duration of the appointment.
(9) A special judge appointed pursuant to this section shall take the oath of office, if necessary, and shall, for the duration of his appointment, enjoy the full power and authority of the office to which he is appointed.
(10) Any currently sitting
justice or judge appointed as a special judge under this section shall receive
no additional compensation for his or her service as special judge. Any other
person appointed as a special judge hereunder shall, for the period of his
service, receive compensation from the state for each day's service a sum equal
to 1/260 of the current salary in effect for the judicial office; * * * however, * * * no retired chancery, circuit or county
court judge, retired Court of Appeals judge or any retired Supreme Court
Justice appointed as a special judge pursuant to this section may, during any
fiscal year, receive compensation in excess of * * * fifty percent
(50%) of the current salary in effect for a chancery or circuit court
judge. Any person appointed as a special judge shall be reimbursed for travel
expenses incurred in the performance of the official duties to which he may be
appointed hereunder in the same manner as other public officials and employees
as provided by Section 25-3-41, Mississippi Code of 1972.
(11) If any person
appointed as * * *
a special judge is receiving retirement benefits by virtue of the
provisions of the Public Employees' Retirement Law of 1952, appearing as
Sections 25-11-1 through 25-11-139, Mississippi Code of 1972, * * * service as a special judge under this
section shall be deemed to be in compliance with Section 25-11-127, and the
person's retirement benefits shall not be reduced in any sum whatsoever
because of such service, nor shall any sum be deducted as contributions toward
retirement under said law.
(12) The Supreme Court shall have authority to prescribe rules and regulations reasonably necessary to implement and give effect to the provisions of this section.
(13) Nothing in this section shall abrogate the right of attorneys engaged in a case to agree upon a member of the bar to preside in a case pursuant to Section 165 of the Mississippi Constitution of 1890.
(14) The Supreme Court
shall prepare the necessary payroll for special judges appointed pursuant to
this section and shall submit * * * the payroll to the Department of
Finance and Administration.
(15) Special judges
appointed pursuant to this section shall direct requests for reimbursement for
travel expenses authorized pursuant to this section to the Supreme Court and
the Supreme Court shall submit * * * the requests to the Department of
Finance and Administration. The Supreme Court shall have the power to adopt
rules and regulations regarding the administration of travel expenses authorized
pursuant to this section.
SECTION 2. Section 25-11-127, Mississippi Code of 1972, is amended as follows:
25-11-127. (1) (a) No person who is being paid a retirement allowance or a pension after retirement under this article shall be employed or paid for any service by the State of Mississippi, including services as an employee, contract worker, contractual employee or independent contractor, until the retired person has been retired for not less than ninety (90) consecutive days from his or her effective date of retirement. After the person has been retired for not less than ninety (90) consecutive days from his or her effective date of retirement or such later date as established by the board, he or she may be reemployed while being paid a retirement allowance under the terms and conditions provided in this section.
(b) No retiree of this retirement system who is reemployed or is reelected to office after retirement shall continue to draw retirement benefits while so reemployed, except as provided in this section.
(c) No person employed or elected under the exceptions provided for in this section shall become a member under Article 3 of the retirement system.
(2) Any person who has been retired under the provisions of Article 3 and who is later reemployed in service covered by this article shall cease to receive benefits under this article and shall again become a contributing member of the retirement system. When the person retires again, if the reemployment exceeds six (6) months, the person shall have his or her benefit recomputed, including service after again becoming a member, provided that the total retirement allowance paid to the retired member in his or her previous retirement shall be deducted from the member's retirement reserve and taken into consideration in recalculating the retirement allowance under a new option selected.
(3) The board shall have the right to prescribe rules and regulations for carrying out the provisions of this section.
(4) The provisions of this section shall not be construed to prohibit any retiree, regardless of age, from being employed and drawing a retirement allowance either:
(a) For a period of
time not to exceed one-half (1/2) of the normal working days for the position
in any fiscal year during which the retiree will receive no more than one-half
(1/2) of the salary in effect for the position at the time of employment, * * *
(b) For a period of
time in any fiscal year sufficient in length to permit a retiree to earn not in
excess of twenty-five percent (25%) of retiree's average compensation * * *, or
(c) In the case of special judge designated under Section 9-1-105 who is retired, for a period of time in any fiscal year sufficient in length to permit the retiree to earn not in excess of fifty percent (50%) of the compensation for a judge actively employed in the position from which the senior judge is retired.
To determine the normal working days for a position under paragraph (a) of this subsection, the employer shall determine the required number of working days for the position on a full-time basis and the equivalent number of hours representing the full-time position. The retiree then may work up to one-half (1/2) of the required number of working days or up to one-half (1/2) of the equivalent number of hours and receive up to one-half (1/2) of the salary for the position. In the case of employment with multiple employers, the limitation shall equal one-half (1/2) of the number of days or hours for a single full-time position.
Notice shall be given in writing to the executive director, setting forth the facts upon which the employment is being made, and the notice shall be given within five (5) days from the date of employment and also from the date of termination of the employment.
(5) Except as otherwise provided in subsection (6) of this section, the employer of any person who is receiving a retirement allowance and who is employed in service covered by subsection (4) of this section as an employee or a contractual employee shall pay to the board the full amount of the employer's contribution on the amount of compensation received by the retiree for his or her employment in accordance with regulations prescribed by the board. The retiree shall not receive any additional creditable service in the retirement system as a result of the payment of the employer's contribution. This subsection does not apply to persons who are receiving a retirement allowance and who contract with an employer to provide services as a true independent contractor, as defined by the board through regulation.
(6) (a) A member may retire and continue in municipal or county elective office provided that the member has reached the age and/or service requirement that will not result in a prohibited in-service distribution as defined by the Internal Revenue Service, or a retiree may be elected to a municipal or county office, provided that the person:
(i) Files annually, in writing, in the office of the employer and the office of the executive director of the system before the person takes office or as soon as possible after retirement, a waiver of all salary or compensation and elects to receive in lieu of that salary or compensation a retirement allowance as provided in this section, in which event no salary or compensation shall thereafter be due or payable for those services; however, any such officer or employee may receive, in addition to the retirement allowance, office expense allowance, mileage or travel expense authorized by any statute of the State of Mississippi; or
(ii) Elects to receive compensation for that elective office in an amount not to exceed twenty-five percent (25%) of the retiree's average compensation. In order to receive compensation as allowed in this subparagraph, the retiree shall file annually, in writing, in the office of the employer and the office of the executive director of the system, an election to receive, in addition to a retirement allowance, compensation as allowed in this subparagraph.
(b) The municipality or county in which the retired person holds elective office shall pay to the board the amount of the employer's contributions on the full amount of the regular compensation for the elective office that the retired person holds.
(c) As used in this subsection, the term "compensation" does not include office expense allowance, mileage or travel expense authorized by a statute of the State of Mississippi.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
