§ 28-30-15.1 - Retirement of judges engaged after July 2, 1997.
SECTION 28-30-15.1
§ 28-30-15.1 Retirement of judges engagedafter July 2, 1997. – (a) Whenever any person first engaged as a judge:
(1) Subsequent to July 2, 1997 and prior to January 1, 2009,has served as a workers' compensation judge for twenty (20) years, or has soserved for ten (10) years and has reached the age of sixty-five (65) years, heor she may retire from active service and subsequently he or she shall receiveannually during life a sum equal to three-fourths ( 3/4) of his or her averagehighest three (3) consecutive years of compensation;
(2) On or after January 1, 2009 and prior to July 1, 2009,has served as a workers' compensation judge for twenty (20) years or has soserved for ten (10) years and reached the age of sixty-five (65) years, he orshe may retire from active service and subsequently he or she shall receiveannually during life a sum equal to seventy percent (70%) of his or her averagehighest three (3) consecutive years or compensation.
(3) On or after July 1, 2009, has served as a workers'compensation judge for twenty (20) years, or has served for ten (10) years, andreached the age of sixty-five (65) years, he or she may retire from regularactive service and thereafter said justice shall receive annually during his orher life a sum equal to sixty-five (65%) percent of his or her average highestfive (5) consecutive years of compensation.
(b) In determining eligibility under this section, any judgewho has served as a general officer may include that service as if that servicehad been on the workers' compensation court. Whenever a judge or magistrateshall be granted a leave of absence without pay, such absence shall not becredited towards active service time for the purposes of retirement.
(c) Any judge who retires in accordance with the provisionsof this section may at his or her own request and at the direction of the chiefjudge of the court subject to the retiree's physical and mental competence, beassigned to perform those services that a judge on the workers' compensationcourt as the chief judge prescribes. When so assigned and performing thoseservices, he or she shall have all the powers and authority of a judge. Aretired judge shall not be counted in the number of judges provided by law forthe workers' compensation court.