New Jersey-2014-A3182-Introduced

An Act concerning the mandatory retirement age for justices, judges, and county prosecutors, and amending various parts of the statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.2B:13-7 is amended to read as follows:

2B:13-7. Term of Office; Retirement. a. The judges of the Tax Court shall hold their offices for initial terms of seven years and until their successors are appointed and qualified, and upon reappointment shall hold their offices during good behavior.

b. The judges of the Tax Court shall be retired upon attaining the age of [70] 72 years, upon the same terms and conditions as judges of the Superior Court, and shall have the same pension rights and other benefits as judges of the Superior Court.

(cf: N.J.S.2B:13-7)

2. R.S.34:15-49 is amended to read as follows:

34:15-49. a. The Division of Workers' Compensation shall have the exclusive original jurisdiction of all claims for workers' compensation benefits under this chapter. The judges of the Division of Workers' Compensation shall hereinafter be appointed on a bipartisan basis by the Governor, with the advice and consent of the Senate, to initial terms of three years at an annual salary, for the first year, in an amount equal to [75%] 75 percent of the annual salary of a Judge of the Superior Court. During the initial three-year term, each judge shall be subject to a program of evaluation developed by the Director of the Division of Workers' Compensation. Upon receipt of a satisfactory annual evaluation from the director, the annual salary of a nontenured judge shall be increased to [78 2/3%] 78 2/3 percent of the annual salary of a Judge of the Superior Court after one year; [81 2/3%] 81 2/3 percent of the annual salary of a Judge of the Superior Court after two years; and, after three years and upon tenure as provided pursuant to the provisions of this section, the annual salary of a tenured judge of compensation shall be [85%] 85 percent of the annual salary of a Judge of the Superior Court. Reappointment of a judge shall be by the Governor, with the advice and consent of the Senate. The director's evaluations shall be made available to the Senate Judiciary Committee if the candidate has been renominated by the Governor. Upon confirmation after the initial three-year term, a judge of the Division of Workers' Compensation shall have tenure, and shall serve during good behavior. All judges of compensation appointed prior to the effective date of P.L.1991, c.513 shall continue to have tenure and shall continue to serve during good behavior. The annual salary of the director shall be [89%] 89 percent of the annual salary of a Judge of the Superior Court. The Chief Judge of Compensation shall be the Director of the Division of Workers' Compensation and may be known as the Director/Chief Judge of the division.

In addition to salary, a judge of compensation regularly assigned as an administrative supervisory judge of compensation by the director shall receive additional compensation of $2,500 per annum during the period of such assignment; and a judge of compensation regularly assigned as a supervising judge of compensation by the director shall receive additional compensation of $1,500 per annum during the period of such assignment.

Judges of compensation shall not engage in the practice of law, shall devote full time to their judicial duties, and shall have been licensed attorneys in the State of New Jersey for 10 years prior to their appointments. The director of the division shall have the same qualifications for appointment and be subject to the same restrictions as a judge of compensation.

All judges of compensation shall be retired upon attaining the age of [70] 72 years, except that any judge of compensation who has retired on pension or retirement allowance may, with the judge's consent, be recalled by the Director /Chief Judge of the Division of Workers' Compensation for service as a recalled judge in the Division of Workers' Compensation. No recalled judge shall serve beyond his 80th birthday.

Upon such recall the retired judge shall have all the powers of a judge of compensation and shall be paid a per diem allowance fixed by the Director/Chief Judge of the Division of Workers' Compensation. In addition the recalled judge shall be reimbursed for reasonable expenses actually incurred by him in connection with his assignment and shall be provided with such facilities as may be required in the performance of his duties. Such per diem compensation and expenses shall be paid by the State. Payment for services and expenses shall be made in the same manner as payment is made to the judges of the Division of Workers' Compensation from which he retired.

b. An increase in an annual salary of a judge or the director under subsection a. of this section that results due to the increase in the salary of a Judge of the Superior Court provided in N.J.S.2B:2-4 as amended in section 1 of P.L.1995, c.424 (N.J.S.2B:2-4) shall not be granted until July 1, 1996.

(cf: P.L.2005, c.6, s.3)

3. Section 7 of P.L.1973, c.140 (C.43:6A-7) is amended to read as follows:

7. Any member of the retirement system who has reached the age of [70] 72 years shall be retired forthwith. Any other eligible member of the retirement system may be retired on the first day of the next calendar month subsequent to the filing of a written and duly executed application with the retirement system. Such application shall be accompanied by a copy of the member's resignation from his judicial office which he has filed in the office of the Secretary of State.

(cf: P.L.1973, c.304, s.2)

4. Section 8 of P.L.1973, c.140 (C.43:6A-8) is amended to read

as follows:

8. a. Any member who shall have served at least 10 years as a judge of the several courts and having attained the age of 70 years, [shall be retired] may retire.

b. Any member who shall have served at least 15 years as a judge of the several courts and having attained the age of 65 years but not the age of [70] 72 years, may retire.

c. Any member who shall have served at least 20 years as a judge of the several courts and having attained the age of 60 years but not the age of 65 years, may retire.

d. Service in the several courts as given in subsections a., b. and c. of this section shall include service in the office of the Chancellor, Chief Justice of the old Supreme Court, associate justice of the old supreme court, judge of the circuit court, Vice-Chancellor, judge of the court of errors and appeals, judge of the court of common pleas, and advisory master to the superior court.

e. Any member of the retirement system eligible to retire under the provisions of this section, shall receive a retirement allowance consisting of an annuity which shall be the actuarial equivalent of his accumulated deductions together with regular interest, and a pension which, when added to the member's annuity, will provide a retirement allowance during the remainder of his life in the amount equal to three-quarters of his final salary.

(cf: P.L.1981, c.470, s.2)

5. Section 4 of P.L.2001, c.259 (C.43:15A-145) is amended to

read as follows:

4. a. Any workers compensation judge who has reached the age of [70] 72 years shall be retired forthwith on the first day of the next calendar month. Any other eligible workers compensation judge may be retired on the first day of the next calendar month subsequent to the filing of a written and duly executed application with the retirement system. Such application shall be accompanied by a copy of the member's resignation which has been filed in the office of the Director of the Division of Workers' Compensation.

b. Notwithstanding the provisions of subsection a. of this section or any other law to the contrary, a workers compensation judge who is 60 years of age or older on the effective date of P.L.1999, c.380 shall be permitted to continue service as a judge until attaining 10 years of service credit under the Workers Compensation Judges Part of the retirement system.

(cf: P.L.2001, c.259, s.4)

6. Section 5 of P.L.2001, c.259 (C:43:15A-146) is amended to

read as follows:

5. Any workers compensation judge who has served at least 10 years as a judge of compensation and attained at least the age of 70 years [shall be retired] may retire and shall receive the retirement allowance prescribed by this section.

Any workers compensation judge who has served at least 15 years as a judge of compensation and attained the age of 65 years, or served at least 20 years as a judge of compensation and attained the age of 60 years, may retire and receive the retirement allowance prescribed by this section. The retirement allowance shall consist of an annuity that shall be the actuarial equivalent of the member's accumulated deductions together with regular interest, and a pension that, when added to the member's annuity, shall provide a retirement allowance during the remainder of the member's life in the amount equal to three-quarters of the member's final salary.

(cf: P.L.2001, c.259, s.5)

7. Section 4 of P.L.2001, c.366 (C:43:15A-158) is amended to read as follows:

4. a. Any member of the Prosecutors Part who has attained age 55 years may retire on a service retirement allowance by filing with the retirement system a written application, duly attested, stating at what time subsequent to the execution and filing thereof the member desires to be retired. The board of trustees shall retire the member at the time specified or at such other time within one month after the date so specified as the board finds advisable. Any prosecutor in service who attains age [70] 72 years shall be retired by the board of trustees on a service retirement allowance forthwith on the first day of the next calendar month or at such time within one month thereafter as it finds advisable, except that a prosecutor attaining age [70] 72 years may be continued in service on an annual basis upon written notice to the retirement system by the Attorney General or the Board of Chosen Freeholders of the county employing the prosecutor.

b. Upon retirement for service a prosecutor shall receive a service retirement allowance which shall consist of:

(1) An annuity which shall be the actuarial equivalent of the prosecutor's aggregate contributions and

(2) A pension in the amount which, when added to the prosecutor's annuity, will provide a total retirement allowance of one-sixtieth of average final compensation multiplied by the number of years of creditable service, or [2%] two percent of average final compensation multiplied by the number of years of creditable service up to 30 plus [1%] one percent of average final compensation multiplied by the number of years of creditable service over 30, or [50%] 50 percent of final compensation if the prosecutor has established 20 or more years of creditable service, whichever is greater.

c. Any prosecutor as of the effective date of P.L.2001, c.366 (C.43:15A-155 et seq.) who has 20 or more years of creditable service at the time of retirement shall be entitled to receive a retirement allowance equal to [50%] 50 percent of final compensation plus, in the case of a prosecutor required to retire pursuant to the provisions of subsection a. of this section, [3%] three percent of final compensation multiplied by the number of years of creditable service over 20 but not over 25.

d. Upon the receipt of proper proofs of the death of a prosecutor who has retired on a service retirement allowance, there shall be paid to the prosecutor's beneficiary an amount equal to one-half of the compensation upon which contributions by the prosecutor to the annuity savings fund were based in the last year of creditable service.

(cf: P.L.2001, c.366, s.4)

8. Section 4 of P.L.1978, c.67 (C.52:14F-4) is amended to read

as follows:

4. Permanent administrative law judges shall be appointed by the Governor with the advice and consent of the Senate to initial terms of one year. During this initial term, each judge shall be subject to a program of evaluation as delineated in section 5 of P.L.1978, c.67 (C.52:14F-5). First reappointment of a judge after this initial term shall be by the Governor for a term of four years and until the appointment and qualification of the judge's successor.

Administrative law judges nominated by the Governor before July 1, 1981 shall, upon their confirmation by the Senate, serve for terms of five years and until the appointment and qualification of their successors.

Subsequent reappointments of a judge shall be by the Governor with the advice and consent of the Senate to terms of five years and until the appointment and qualification of the judge's successor. The advice and consent of the Senate, as provided in this section, shall be exercised within 45 days after a nomination for appointment has been submitted to the Senate, and if no action has been taken within the 45-day period, the nomination shall be deemed confirmed. This 45-day period shall not apply to any person nominated by the Governor for the position of administrative law judge prior to July 1, 1981.

The annual salary for an administrative law judge during the initial term of one year shall be equal to [75%] 75 percent of the annual salary of a Judge of the Superior Court. The annual salary for a judge during the first year of the first reappointment shall be increased to [78 2/3 %] 78 2/3 percent of the annual salary of a Judge of the Superior Court. Upon receipt of satisfactory annual evaluations, the annual salary for a judge shall be increased to [81 2/3 %] 81 2/3 percent of the annual salary of a Judge of the Superior Court for the second year of the first reappointment and to [85%] 85 percent of the annual salary of a Judge of the Superior Court for the third year of the first reappointment. The annual salary shall be [85%] 85 percent of the annual salary of a Judge of the Superior Court for the fourth year of the first reappointment and for each year of subsequent reappointments thereafter.

In addition to salary, an administrative law judge regularly assigned as an assignment judge shall receive $2,500 annually as additional compensation, and a judge regularly assigned other administrative or supervisory duties shall receive $1,500 annually as additional compensation.

All administrative law judges, including the Chief Administrative Law Judge, shall be retired upon attaining the age of [70] 72 years, except that any administrative law judge who has retired on pension or retirement allowance may, with the judge's consent, be recalled by the Director/Chief Administrative Law Judge of the Office of Administrative Law for service as a recalled judge in the Office of Administrative Law. No recalled judge shall serve beyond his 80th birthday.

Upon such recall the retired judge shall have all the powers of an administrative law judge and shall be paid a per diem allowance fixed by the Director/ Chief Administrative Law Judge. In addition the recalled judge shall be reimbursed for reasonable expenses actually incurred by him in connection with his assignment and shall be provided with such facilities as may be required in the performance of his duties. Such per diem compensation and expenses shall be paid by the State. Payment for services and expenses shall be made in the same manner as payment is made to the judges of the Office of Administrative Law from which he retired.

(cf: P.L.2005, c.6, s.1)

9. Sections 2, 5, 6, 7, and 8 shall take effect immediately. Sections 1, 3, and 4 shall take effect upon enactment of an amendment to Article VI, Section VI, paragraph 3 of the Constitution (pending before the Legislature as Assembly Concurrent Resolution No.150 of this Legislative Session) increasing the mandatory retirement age for Justices of the Supreme Court and Judges of the Superior Court from 70 to 72 years. Should the amendment not be approved by the voters of this State as provided in the Constitution within one year of being submitted to the electorate by the Legislature, sections 1, 3, and 4 of this act shall not take effect.

STATEMENT

This bill would amend various sections of the statutory law to reflect the new mandatory retirement age of 72 for Justices of the Supreme Court and Judges of the Superior Court based on an amendment to the New Jersey Constitution. The bill would also increase the statutory mandatory retirement age for Judges of the Tax Court, Administrative Law Judges, Judges of the Division of Workers' Compensation, and county prosecutors to 72.

This bill has a bifurcated effective date since the retirement age for Justices of the Supreme Court and Superior Court Judges are set forth in the New Jersey Constitution. In this regard, those sections which pertain to Supreme Court Justices, Superior Court Judges, and Tax Court Judges (whose statutory salary, pension, and benefits are the same as those for Superior Court Judges) would only take effect if the voters of this State approve a constitutional amendment increasing the mandatory retirement age from 70 to 72 for Justices of the Supreme Court and Judges of the Superior Court within one year of such a proposed amendment being submitted to the voters.

(See Sections 1, 3, and 4).

Those sections of the bill which increase the retirement age for Administrative Law Judges, Judges of the Division of Workers' Compensation, and county prosecutors from 70 to 72 would take effect immediately. (Sections 2, 5, 6, 7, and 8).

It is not the intent of the sponsor to make any other substantive changes to existing law other than to increase the mandatory retirement age, and thus the bill would not affect the current service eligibility requirements for retirement at age 70.