Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 236 (2015GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/26/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• establishes the full-time or part-time service status of a justice court judge for retirement purposes, based on employer certification and combined workload for multiple employers;
• clarifies the retirement allowance computation for justice court judges; and
• makes technical changes.

Every vote on this bill

Bill text

JUSTICE COURT JUDGES RETIREMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
Mike K. McKell
LONG TITLE
General Description:
This bill modifies the Utah State Retirement and Insurance Benefit Act by amending
provisions for certain officers who are elected or appointed.
Highlighted Provisions:
This bill:
▸ establishes the full-time or part-time service status of a justice court judge for
retirement purposes, based on employer certification and combined workload for
multiple employers;
▸ clarifies the retirement allowance computation for justice court judges; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
49-12-406
, as renumbered and amended by Laws of Utah 2002, Chapter 250
49-13-406
, as renumbered and amended by Laws of Utah 2002, Chapter 250
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
49-12-406
 is amended to read:
49-12-406.
Exceptions for part-time elective or appointive service -- Computation
of allowance -- Justice court judges.
(1)
 Notwithstanding [
any other provision of this title,
] 
the provisions of Sections
49-11-401
 and 
49-12-102
, and unless otherwise provided in this section, a member's
 elective or
appointive service rendered on a basis not considered full
-
time by the office[
, unless otherwise
provided by this chapter,
] shall have a separate allowance computed on the basis of
compensation actually received by the member during the period of elective or appointive
service.
(2) (a) A justice court judge who has service with only one participating employer shall
be considered part-time or full-time by the office as certified by the participating employer.
(b) If a justice court judge has a combination of part-time service and full-time position
service with one participating employer, the office shall compute separate allowances on the
basis of compensation actually received by the judge during the part-time and full-time periods
of service.
(3) (a) A justice court judge who has service with more than one participating
employer shall be considered full-time by the office for a period of service in which the judge
is certified as full-time by:
(i) a participating employer; or
(ii) the Administrative Office of the Courts beginning on or after January 1, 2009,
based on the judge's aggregate caseload of the multiple employers as determined by the judge's
caseloads of the individual courts of each employer in accordance with Subsection
78A-7-206
(1)(b)(ii).
(b) If a justice court judge has full-time service under Subsection (3)(a), the office shall
compute an allowance on the basis of total compensation actually received from all
participating employers by the judge during the total period of full-time service.
(c) If a justice court judge has part-time service performed that is not within a period
considered full-time service under Subsection (3)(a), the office shall compute a separate
allowance on the basis of compensation actually received by the member during the period of
part-time service.
(4) All of the service rendered by a justice court judge in any one fiscal or calendar
year may not count for more than one year of service credit.
Section 2. Section 
49-13-406
 is amended to read:
49-13-406.
Exceptions for part-time elective or appointive service -- Computation
of allowance -- Justice court judges.
(1)
 Notwithstanding [
any other provisions of this title,
] 
the provisions of Sections
49-11-401
 and 
49-13-102
, and unless otherwise provided in this section, a member's
 elective or
appointive service rendered on a basis not considered full
-
time by the office[
, unless otherwise
provided by this chapter,
] shall have a separate allowance computed on the basis of
compensation actually received by the member during the period of elective or appointive
service.
(2) (a) A justice court judge who has service with only one participating employer shall
be considered part-time or full-time by the office as certified by the participating employer.
(b) If a justice court judge has a combination of part-time service and full-time position
service with one participating employer, the office shall compute separate allowances on the
basis of compensation actually received by the judge during the part-time and full-time periods
of service.
(3) (a) A justice court judge who has service with more than one participating
employer shall be considered full-time by the office for a period of service in which the judge
is certified as full-time by:
(i) a participating employer; or
(ii) the Administrative Office of the Courts beginning on or after January 1, 2009,
based on the judge's aggregate caseload of the multiple employers as determined by the judge's
caseloads of the individual courts of each employer in accordance with Subsection
78A-7-206
(1)(b)(ii).
(b) If a justice court judge has full-time service under Subsection (3)(a), the office shall
compute an allowance on the basis of total compensation actually received from all
participating employers by the judge during the total period of full-time service.
(c) If a justice court judge has part-time service performed that is not within a period
considered full-time service under Subsection (3)(a), the office shall compute a separate
allowance on the basis of compensation actually received by the member during the period of
part-time service.
(4) All of the service rendered by a justice court judge in any one fiscal or calendar
year may not count for more than one year of service credit.
Section 3. 
Effective date.
This bill takes effect on January 1, 2016.