Bill Text: WV SB597 | 2020 | Regular Session | Introduced
Bill Title: Relating to judicial branch members' salaries and pensions
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2020-04-14 - Chapter 79, Acts, Regular Session, 2020 [SB597 Detail]
Download: West_Virginia-2020-SB597-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
Senate Bill 597
By Senator Trump
[Introduced January 22,
2020; referred
to the Committee on the Judiciary; and then to the Committee on Finance]
A BILL to amend and reenact §50-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §51-1-10a of said code; to amend and reenact §51-2-13 of said code; to amend and reenact §51-2A-6 of said code; and to amend and reenact §51-9-1a and §51-9-5 of said code, all relating generally to salaries and pensions of magistrate, justices of the Supreme Court of Appeals, circuit judges, and family court judges; adopting and codifying the 2019 recommendations of the Judicial Compensation Commission as to salary increases for magistrates, justices of the Supreme Court of Appeals, circuit judges, and family court judges; and allowing family court judges to participate in the Judge’s Retirement System as it applies to judges first taking office after July 1, 2005.
Be it enacted by the Legislature of West Virginia:
Chapter 50. magistrate courts.
article i. courts and officers.
§50-1-3. Salaries of magistrates.
(a) The Legislature
finds and declares that:
(1) The West Virginia
Supreme Court of Appeals has held that a salary system for magistrates which is
based upon the population that each magistrate serves does not violate the
equal protection clause of the Constitution of the United States;
(2) The West Virginia
Supreme Court of Appeals has held that a salary system for magistrates which is
based upon the population that each magistrate serves does not violate section
thirty-nine, article VI of the Constitution of West Virginia;
(3) The Administrative
Office of the Supreme Court of Appeals of West Virginia has stated that the
utilization of a two-tiered salary schedule for magistrates is no longer an
equitable and rational manner by which magistrates should be compensated for
work performed;
(4) Organizing the two
tiers of the salary schedule into one tier for magistrates serving less than
seven thousand three hundred in population and a second tier for magistrates
serving seven thousand three hundred or more in population is no longer
rational and equitable given current statistical information relating to
population and caseload; and
(5) That, by January 1,
2017, all magistrates should be compensated equally.
(b) The salary of each
magistrate shall be paid by the state. Magistrates who serve fewer than seven
thousand three hundred in population shall be paid annual salaries of $51,125
and magistrates who serve seven thousand three hundred or more in population
shall be paid annual salaries of $57,500.
(c) For the purpose of
determining the population served by each magistrate, the number of magistrates
authorized for each county shall be divided into the population of each county.
For the purpose of this article, the population of each county is the
population as determined by the last preceding decennial census taken under the
authority of the United States government.
(d) Notwithstanding any
provision of this code to the contrary, the amendments made to this section
during the 2013 First Extraordinary Session are effective upon passage and are
retroactive to January 1, 2013.
(e) On or before July 1,
2013, the Joint Committee on Government and Finance shall request a study by
the National Center for State Courts, working in conjunction with the
Administrative Office of the Supreme Court of Appeals of West Virginia, to
review the weighted case loads in each of the magistrate courts in this state,
and present recommendations as to how the present resources and personnel in
the magistrate court system could be better apportioned to equitably and timely
meet the collective needs of the magistrate court system in West Virginia.
Based on the findings and data generated by that study, the National Center for
State Courts shall make recommendations as to the equitable redistribution of
personnel and resources, by temporary or permanent reassignment, to better meet
the needs and weighted loads that are demonstrated to exist in the various
magistrate courts in this state. This study shall be presented to the Joint
Committee on Government and Finance no later than December 1, 2014, and shall
include recommendations and proposed legislation resulting from such study and
shall also include a plan to continue the efficient delivery of justice by the
magistrate court system and the justification for equalization of pay for all
magistrates. As a part of the submitted study, the plan shall consider the
reassignment of magistrates or the extension of their duties and jurisdiction
to include holding court or delivering services to adjacent counties with
higher caseloads, as part of their regular duties, or being on call as needed
to serve other needs in other adjacent counties or within the same judicial
circuit.
On or before January 15,
2015, the Supreme Court of Appeals of West Virginia shall present its
recommendations to the Legislature regarding how to allocate or assign a
maximum of one hundred fifty- eight magistrates throughout this state to
improve the magistrate process, and more equitably distribute the magistrate
court resources to efficiently and effectively meet the needs of the citizens
of this state
(f) (a) Notwithstanding any provision of this
code to the contrary, beginning January 1, 2017, all All magistrates
shall be compensated equally and the annual salary of all magistrates shall be
$57,500.
(b) Notwithstanding any provisions of this code to the contrary, consistent with the 2019 recommendations of the Judicial Compensation Commission, beginning July 1, 2020, the annual salary of a magistrate shall be $68,038.
chapter 51. courts and their officers.
article 1. supreme court of appeals.
§51-1-10a. Salary of justices.
The salary of each of the
justices of the Supreme Court of Appeals shall be $95,000 per year:
Provided, That beginning July, 1, 2005, the salary of each of the justices
of the Supreme Court shall be $121,000: Provided, however, That
beginning July 1, 2011, the annual salary of a justice of the Supreme Court
shall be $136,000: Provided, That
consistent with the 2019 recommendation of the Judicial Compensation
Commission, beginning July 1, 2020, the annual salary of a justice of the
Supreme Court of Appeals shall be $160,901.
article 2. circuit courts; circuit judges.
§51-2-13. Salaries of judges of circuit courts.
The salaries of the judges of the various circuit courts shall be paid solely out of the State Treasury. No county, county commission, board of commissioners or other political subdivision shall supplement or add to such salaries.
The annual salary of all
circuit judges shall be $90,000 per year: Provided, That beginning
July 1,2005, the annual salary of all circuit judges shall be $116,000 per year:
Provided, however, That beginning July 1, 2011, the annual salary of a
circuit court judge shall be $126,000: Provided, That
consistent with the 2019 recommendation of the Judicial Compensation
Commission, beginning July 1, 2020, the annual salary of a circuit judge shall
be $149,070.
article 2A. family courts.
§51-2A-6. Compensation and expenses of family court judges and their staffs.
(a) A family court judge
is entitled to receive as compensation for his or her services an annual salary
of $62,500: Provided, That beginning July 1, 2005, a family court judge is
entitled to receive as compensation for his or her services an annual salary of
$82,500: Provided, however, That beginning July 1, 2011, the The annual
salary of a family court judge shall be $94,500: Provided, That consistent with the 2019 recommendation of the
Judicial Compensation Commission, beginning July 1, 2020, the annual salary of
a family court judge shall be $113,930.
(b) The secretary-clerk of the family court judge is appointed by the family court judge and serves at his or her will and pleasure. The secretary-clerk of the family court judge is entitled to receive an annual salary of $27,036: Provided, That on and after July 1, 2006, the annual salary of the secretary-clerk shall be established by the administrative director of the Supreme Court of Appeals, but may not exceed $39,000. In addition, any person employed as a secretary-clerk to a family court judge on the effective date of the enactment of this section during the sixth extraordinary session of the Legislature in the year 2001 who is receiving an additional $500 per year up to 10 years of a certain period of prior employment under the provisions of the prior enactment of §51-2A-8 of this code during the second extraordinary session of the Legislature in the year 1999 shall continue to receive such additional amount. Further, the secretary-clerk will receive such percentage or proportional salary increases as may be provided by general law for other public employees and is entitled to receive the annual incremental salary increase as provided in §5-5-1 et seq. of this code.
(c) The family court judge may employ not more than one family case coordinator who serves at his or her will and pleasure. The annual salary of the family case coordinator of the family court judge shall be established by the Administrative Director of the Supreme Court of Appeals but may not exceed $36,000: Provided, That on and after July 1, 2006, the annual salary of the family case coordinator of the family court judge may not exceed $51,000. The family case coordinator will receive such percentage or proportional salary increases as may be provided by general law for other public employees and is entitled to receive the annual incremental salary increase as provided in §5-5-1 et seq. of this code.
(d) The sheriff or his or her designated deputy shall serve as a bailiff for a family court judge. The sheriff of each county shall serve or designate persons to serve so as to assure that a bailiff is available when a family court judge determines the same is necessary for the orderly and efficient conduct of the business of the family court.
(e) Disbursement of salaries for family court judges and members of their staffs are made by or pursuant to the order of the Director of the Administrative Office of the Supreme Court of Appeals.
(f) Family court judges and members of their staffs are allowed their actual and necessary expenses incurred in the performance of their duties. The expenses and compensation will be determined and paid by the Director of the Administrative Office of the Supreme Court of Appeals under such guidelines as he or she may prescribe, as approved by the Supreme Court of Appeals.
(g) Notwithstanding any other provision of law, family
court judges are not eligible to participate in the retirement system for
judges under the provisions of §51-9-1 et seq. of this code
article 9. retirement system for judges of courts of record.
§51-9-1a. Definitions.
(a) As used
in this article, the term “judge”, “judge of any court of record” or “judge of
any court of record of this state” means, refers to and includes family
court judges, judges of the several circuit courts and justices of the
Supreme Court of Appeals. For purposes of this article, the terms do not
mean, refer to or include family court judges.
(b) “Actuarially
equivalent” or “of equal actuarial value” means a benefit of equal value
computed upon the basis of the mortality table and interest rates as set and
adopted by the retirement board in accordance with the provisions of this
article: Provided, That when used in the context of compliance with the
federal maximum benefit requirements of Section 415 of the Internal Revenue
Code, “actuarially equivalent” shall be computed using the mortality tables and
interest rates required to comply with those requirements.
(c) “Beneficiary”
means any person, except a member, who is entitled to an annuity or other
benefit payable by the retirement system.
(d) “Board”
means the Consolidated Public Retirement Board created pursuant to §5-10D-1 et
seq. of this code.
(e) “Final
average salary” means the average of the highest 36 consecutive months’
compensation received by the member as a judge of any court of record of this
state.
(f) “Internal
Revenue Code” means the Internal Revenue Code of 1986, as it has been amended.
(g) “Member”
means a judge participating in this system.
(h) “Plan
year” means the 12-month period commencing on July 1 of any designated year and
ending the following June 30.
(i) “Required
beginning date” means April 1 of the calendar year following the later of: (i)
The calendar year in which the member attains age 70 and one-half; or (ii) the
calendar year in which the member retires or otherwise separates from covered
employment.
(j) “Retirement
system” or “system” means the Judges’ Retirement System created and established
by this article. Notwithstanding any other provision of law to the contrary,
the provisions of this article are applicable only to family court judges,
circuit judges and justices of the Supreme Court of Appeals in the manner
specified in this article. No service as a family court judge may be construed
to qualify a person to participate in the Judges’ Retirement System or used in
any manner as credit toward eligibility for retirement benefits under the
Judges’ Retirement System
§51-9-5. Election not to participate, contribute, or be a member; authorized transfers of service credit by a judge; duplicate use of service credit prohibited.
(a) Notwithstanding any provisions of this article, any judge may in writing notify the Auditor within 30 days after he or she takes office, or, if he or she is in office, on the date this article becomes effective, then within 30 days from such latter date, that such judge elects not to become a member or make any payments or contributions to the trust fund, in which event every judge, so electing, shall not thereafter at any time be entitled to receive any retirement pay or benefits under provisions of this article, and any deduction that may have theretofore been made from the salary of such judge and paid into the fund shall be refunded without interest, to him or her by the Auditor by warrant drawn on the trust fund. Any judge who has so elected not to become a member or not to contribute, shall nevertheless thereafter be permitted to become such member, contribute and become eligible for retirement benefits by paying into the Judges’ Retirement Fund all contributions such judge would have been required to pay into the fund, together with interest thereon at a rate to be determined by the State Auditor as reasonable for such prior periods, as if such judge had not previously elected not to be a member and not to contribute.
(b) There may be transfers of service credit on proper basis between the judges’ retirement system and the Public Employees Retirement System, where such service credit constitutes qualified and eligible credit under the recipient system’s statutes, in order to allow full flexibility of choice of option by a judge or judicial member; but in no case shall benefits be receivable from more than one of such state retirement systems, nor shall any service credit be usable more than once and then only in the finally chosen state retirement system.
(c) Notwithstanding any provision of this code to the contrary, a family court judge electing to become a member of the Judge’s Retirement System established pursuant to §51-9-1 et seq. of this code who was not a participant in said system prior to July 1, 2005 who elects to become a participant may, upon successful completion of all requirements therefore, become a member of the Judge’s Retirement System in effect for persons first participating in the system on and after July 1, 2005.
NOTE: The purpose of this bill is to adopt and codify the 2019 recommendations of the Judicial Compensation Commission as to salary increases for magistrates, justices of the Supreme Court of Appeals, circuit judges, and family court judges; and to allow family court judges to participate in the Judge’s Retirement System as it applies to judges first taking office after July 1, 2005.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.