21.580 Senior Status Program for Special Judges. (Effective until July 1, 2007. See 5/23/2007 LRC note).
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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 <br>Status Program for Special Judges." The program shall be implemented as follows: <br>(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 <br>years of judicial service credit and his age equals or exceeds the number <br>seventy-five (75), may elect, within ninety (90) days following retirement, to <br>participate in the "Senior Status Program for Special Judges," if he complies <br>with the provisions of this subsection. In that event, the member shall be <br>entitled to a service retirement allowance, commencing at the member's <br>normal retirement age, payable monthly during his lifetime in an amount equal <br>to five percent (5%) of his final compensation multiplied by the number of <br>years of his judicial service, not to exceed twenty (20) years of judicial service <br>at the five percent (5%) factor, not to exceed one hundred percent (100%) of <br>final compensation. "Final compensation", notwithstanding any provision to <br>the contrary, for all members retiring under any provision of KRS 21.345 to <br>21.570 or this section, or similar statutes governing the same positions, as <br>defined in KRS 21.400 shall be based on a period of thirty-six (36) months. <br>Any nonjudicial time shall be counted as is otherwise provided in KRS <br>Chapter 21, but in no event shall service retirement allowance exceed one <br>hundred percent (100%) of final compensation. <br>1.
In the event the retiring judge elects to retire as a "Senior Status Special <br>Judge" under this subsection, he shall commit to serve, upon <br>appointment by the Chief Justice of the Commonwealth, as special judge <br>for one hundred twenty (120) work days per year for a term of five (5) <br>years without compensation other than the retirement benefits under this <br>subsection. The Senior Status Special Judge may agree to work more <br>than one hundred twenty (120) days in any year within the five (5) years <br>of service; however, the Senior Status Special Judge shall be <br>compensated as otherwise provided by law, in addition to his retirement <br>benefits, for any days served in excess of one hundred twenty (120) in <br>that year. If the Senior Status Special Judge has not served a total of six <br>hundred (600) days within the five (5) year period outlined in this <br>subsection, the Chief Justice shall require the Senior Status Special <br>Judge to serve at no additional compensation to the Senior Status <br>Special Judge, until the six hundred (600) day period is served by the <br>Senior Status Special Judge. The Senior Status Special Judge and the <br>Chief Justice may agree in writing to serve less than the one hundred <br>twenty (120) days in any one (1) or more of the five (5) years; however, <br>any of the days not served in a given year shall be served at the end of <br>the five (5) year period set forth in this subsection.
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2.
Should any member electing to retire under the Senior Status Program <br>for Special Judges fail, when ordered by the Chief Justice to serve the <br>requisite number of days not to exceed one hundred twenty (120) days a <br>year for the five (5) year period outlined in this subsection, unless <br>otherwise agreed in writing, he shall no longer be eligible for benefits <br>computed under this subsection and shall return to the benefits otherwise <br>provided under this chapter.
3.
Subject to Section 110(5)(b) of the Kentucky Constitution, the Chief <br>Justice shall give due regard, when practical, to the desirability of <br>appointing Senior Status Special Judges to serve within their judicial <br>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 <br>provisions of 2000 Ky. Acts ch. 305 shall be considered subject to an <br>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 <br>retirement age.
(2) 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 <br>retires as a Senior Status Special Judge on or before January 31, 2009.
Effective: June 24, 2003 <br>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. <br>305, sec. 4, effective July 1, 2007 -- Created 2000 Ky. Acts ch. 305, sec. 1, effective <br>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 <br>Program for Special Judges established by this statute were extended to January 31, <br>2009. George v. Board of Trustees of Judicial Form Retirement System, 07-CI-<br>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. <br>Section 4 of the same Act repealed KRS 21.580 effective July 1, 2007. Thereafter, <br>2002 Ky. Acts ch. 258, sec. 1, amended KRS 21.580 to change the retirement date <br>from June 30, 2007, to January 31, 2009, and 2003 Ky. Acts ch. 128, sec. 6, <br>amended KRS 21.580 to extend eligibility for the program to judges in office on June <br>24, 2003. Neither of these Acts specifically addresses the repeal set out in the 2000 <br>Act.
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