2013 Kentucky Revised Statutes CHAPTER 21 - JUDICIAL RETIREMENT 21.580 Senior Status Program for Special Judges. (Effective until July 1, 2007. See 5/23/2007 LRC note).
Download as PDF
21.580 Senior Status Program for Special Judges. (Effective until July 1, 2007.
See 5/23/2007 LRC note).
(1)
As a pilot project to determine the effectiveness of using senior retired judges
to combat backlog and delay in Kentucky courts, there is hereby created a
"Senior Status Program for Special Judges." The program shall be
implemented as follows:
(a) KRS 21.400(1) and any other provision in KRS Chapter 21 to the contrary
notwithstanding, a member who retires at a time when combining his total
years of judicial service credit and his age equals or exceeds the number
seventy-five (75), may elect, within ninety (90) days following retirement,
to participate in the "Senior Status Program for Special Judges," if he
complies with the provisions of this subsection. In that event, the member
shall be entitled to a service retirement allowance, commencing at the
member's normal retirement age, payable monthly during his lifetime in
an amount equal to five percent (5%) of his final compensation multiplied
by the number of years of his judicial service, not to exceed twenty (20)
years of judicial service at the five percent (5%) factor, not to exceed one
hundred percent (100%) of final compensation. "Final compensation",
notwithstanding any provision to the contrary, for all members retiring
under any provision of KRS 21.345 to 21.570 or this section, or similar
statutes governing the same positions, as defined in KRS 21.400 shall be
based on a period of thirty-six (36) months. Any nonjudicial time shall be
counted as is otherwise provided in KRS Chapter 21, but in no event shall
service retirement allowance exceed one hundred percent (100%) of final
compensation.
1.
In the event the retiring judge elects to retire as a "Senior Status
Special Judge" under this subsection, he shall commit to serve,
upon appointment by the Chief Justice of the Commonwealth, as
special judge for one hundred twenty (120) work days per year for a
term of five (5) years without compensation other than the retirement
benefits under this subsection. The Senior Status Special Judge
may agree to work more than one hundred twenty (120) days in any
year within the five (5) years of service; however, the Senior Status
Special Judge shall be compensated as otherwise provided by law,
in addition to his retirement benefits, for any days served in excess
of one hundred twenty (120) in that year. If the Senior Status Special
Judge has not served a total of six hundred (600) days within the
five (5) year period outlined in this subsection, the Chief Justice shall
require the Senior Status Special Judge to serve at no additional
compensation to the Senior Status Special Judge, until the six
hundred (600) day period is served by the Senior Status Special
Judge. The Senior Status Special Judge and the Chief Justice may
agree in writing to serve less than the one hundred twenty (120)
days in any one (1) or more of the five (5) years; however, any of the
days not served in a given year shall be served at the end of the five
(5) year period set forth in this subsection.
2.
Should any member electing to retire under the Senior Status
(2)
Program for Special Judges fail, when ordered by the Chief Justice
to serve the requisite number of days not to exceed one hundred
twenty (120) days a year for the five (5) year period outlined in this
subsection, unless otherwise agreed in writing, he shall no longer be
eligible for benefits computed under this subsection and shall return
to the benefits otherwise provided under this chapter.
3.
Subject to Section 110(5)(b) of the Kentucky Constitution, the Chief
Justice shall give due regard, when practical, to the desirability of
appointing Senior Status Special Judges to serve within their judicial
region as defined by the regional administration charter.
(b) The inviolable contract provisions of Kentucky law, KRS 21.480, shall
apply during the period of time that KRS 21.580 is effective; however, no
other provisions of 2000 Ky. Acts ch. 305 shall be considered subject to
an inviolable contract of the Commonwealth.
(c) Nothing contained in this section shall be construed to invalidate
provisions in the current law which require a penalty for retiring before the
normal retirement age.
The Senior Status Program for Special Judges created by this section shall be
open to any member who is a judge in office on the June 24, 2003, and who
subsequently retires as a Senior Status Special Judge on or before January
31, 2009.
Effective:June 24, 2003
History: Amended 2003 Ky. Acts ch. 128, sec. 6, effective June 24, 2003. -Amended 2002 Ky. Acts ch. 258, sec. 1, effective July 15, 2002. -- Repealed
2000 Ky. Acts ch. 305, sec. 4, effective July 1, 2007 -- Created 2000 Ky. Acts
ch. 305, sec. 1, effective July 14, 2000.
Legislative Research Commission Note (5/23/2007). On May 23, 2007, the
Franklin Circuit Court held that the enrollment and expiration dates for the
Senior Status Program for Special Judges established by this statute were
extended to January 31, 2009. George v. Board of Trustees of Judicial Form
Retirement System, 07-CI-00587.
Legislative Research Commission Note (6/24/2003). 2000 Ky. Acts ch. 305,
sec. 1, created KRS 21.580, which established the Senior Status Program for
Special Judges. Section 4 of the same Act repealed KRS 21.580 effective July
1, 2007. Thereafter, 2002 Ky. Acts ch. 258, sec. 1, amended KRS 21.580 to
change the retirement date from June 30, 2007, to January 31, 2009, and 2003
Ky. Acts ch. 128, sec. 6, amended KRS 21.580 to extend eligibility for the
program to judges in office on June 24, 2003. Neither of these Acts specifically
addresses the repeal set out in the 2000 Act.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.