Bill Text: NJ A3587 | 2014-2015 | Regular Session | Introduced
Bill Title: Provides that retired justices and judges collecting pension or retirement allowance are eligible for recall duties until 85 years of age.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2014-09-22 - Reported out of Assembly Committee, 2nd Reading [A3587 Detail]
Download: New_Jersey-2014-A3587-Introduced.html
Sponsored by:
Assemblyman JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
SYNOPSIS
Provides that retired justices and judges collecting pension or retirement allowance are eligible for recall duties until 85 years of age.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the retirement of justices and judges, and amending P.L.1973, c.140.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 13 of P.L.1973, c.140 (C.43:6A-13) is amended to read as follows:
13. a. No member of the retirement system shall, while receiving a pension or retirement allowance pursuant to this act, engage in the practice of law before any of the courts of this State.
b. Subject to rules of the Supreme Court, any justice of the Supreme Court who has retired on pension or retirement allowance may, with his consent, be recalled by the Supreme Court for temporary service in the Supreme Court or elsewhere within the judicial system, and any judge of the Superior Court, juvenile and domestic relations court, county district court or tax court who has retired on pension or retirement allowance may, with his consent, be recalled by the Supreme Court for temporary service within the judicial system other than the Supreme Court. Any retired justice or judge shall be eligible for recall until 85 years of age.
c. Upon such recall the retired justice or judge shall have all the powers of a justice or judge of the court to which he is assigned and shall be paid a per diem allowance fixed by the Supreme Court in accordance with its rules, provided however that in no event shall he receive a salary which together with his pension or retirement allowance exceeds the current salary of a justice or judge of the court from which he retired. In addition the recalled justice or 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.
d. Payment for services and expenses shall be made in the same manner as payment is made to the justices or judges of the court from which he retired.
e. The Supreme Court is empowered to adopt such rules as it deems necessary or appropriate for the prompt and efficient administration of justice in furtherance of the purposes of this act.
(cf: P.L.1990, c.45, s.1)
2. This act shall take effect immediately and apply to all retired justices and judges who are on pension or retirement allowance on or after the effective date. However, the act shall not affect the recall term for any justice or judge that is already in existence on the effective date of this act.
STATEMENT
This bill provides that retired justices and judges who are collecting a pension or retirement allowance pursuant to the "Judicial Retirement System Act," P.L.1973, c.140 (C.43:6A-1 et seq.), are eligible for recall duties until 85 years of age. Currently, a retired justice or judge cannot serve on temporary recall assignment beyond 80 years of age, based on a court directive issued by the Administrative Office of the Courts, Directive #12-01, "Policy Governing Recall for Temporary Service Within the Judicial System."
In determining to increase, by five years, the age of retired justices' and judges' eligibility for recall duties, the Legislature is exercising its authority under the Constitution concerning the establishment and operation of a system for justices' and judges' retirement. See N.J. Const. (1947), Art. VI, Sec. VI, par. 3; State v. Buckner, No. A-0630-12T1, 2014 N.J. Super. LEXIS 60, at *19-20, *31-33 (App. Div. May 5, 2014) (upholding Legislature's authority to provide for temporary recall of retired justices and judges past the constitutionally mandated retirement age of 70).
