CHAPTER 12
H.P. 440 - L.D. 561
An Act to Correct the Judicial Retirement Laws Regarding Administrative Court Judges
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, corrections to the judicial retirement laws need to be made before the effective date of Public Law 1999, chapter 547, Part B; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §1201, sub-§12, as enacted by PL 1983, c. 853, Pt. C, §§15 and 18 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:
12. Judge. "Judge" means a Justice of the Supreme Judicial Court or the Superior Court, any Judge of the District Court, any District Administrative Court Judge or any Associate District Administrative Court Judge who is actively serving as of December 1, 1984, or who is appointed subsequent to December 1, 1984, but does not include Active Retired Judges.
Sec. 2. 4 MRSA §1401, sub-§2, as enacted by PL 1983, c. 853, Pt. C, §§15 and 18 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:
2. Judge. "Judge" means any Justice of the Supreme Judicial Court or the Superior Court and any Judge of the District Court who retired prior to December 1, 1984, and includes Active Retired Judges who retired prior to December 1, 1984. "Judge" also includes any District Administrative Court Judge or any Associate District Administrative Court Judge who retired prior to December 1, 1984.
Sec. 3. 4 MRSA §1404, as amended by PL 1983, c. 863, Pt. B, §§39 and 45 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:
§1404. Regular retirement benefits
Any judge who resigned his that judge's office or ceased to serve at the expiration of any term thereof, after attaining the age of 70 years and after having served on the Supreme Judicial Court, the Superior Court, the District Court, the District Administrative Court or any combination of that service, for at least 7 years, or after attaining the age of 65 years and after having served as a judge on those courts for at least 12 years, or after attaining the age of 60 years and after having served as a judge on those courts for at least 20 years, shall is entitled to receive annually during the remainder of his that judge's life, whether or not he that judge is appointed an Active Retired Justice, a retirement benefit equal to 3/4 of the currently effective annual salary to be paid in the same manner as the salaries of the judges of that court from which he that judge retired were paid prior to December 1, 1984. The right of any judge drawing a retirement benefit to continue to receive it shall cease ceases immediately if he that judge acts as attorney or counsel or in any action or legal proceeding in which the State is an adverse party or has any interest adverse to the person or persons in whose behalf he that judge acts.
Sec. 4. 5 MRSA §18055, sub-§1, ¶C, as corrected by RR 1999, c. 2, §4 and affected by §5, is amended to read:
C. Justices of the Supreme Judicial Court and the Superior Court and Judges of the District Court and the Administrative Court; and
Sec. 5. 5 MRSA §18061, sub-§2, ¶B, as amended by PL 1993, c. 386, §4 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:
B. The reduction set out in paragraph A, subparagraph (1) does not apply to any Justice of the Supreme Judicial Court or Superior Court, to any Judge of the District Court or District Administrative Court, nor to any retired justice or judge who was insured and who was living on September 14, 1979.
(1) The initial amount of basic life insurance that continued into retirement for any justice or judge must be continued in force at no cost to the justice or judge until the justice or judge reaches 70 years of age.
(2) When a justice or judge reaches 70 years of age, the amount of insurance in force must be reduced to 25% of the initial amount of basic life insurance that continued into retirement. This reduction becomes effective at 12:01 a.m. of the day following the date on which the justice or judge reaches 70 years of age.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect March 15, 2001.
Effective March 15, 2001.
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