§ 8-3-7 - Retirement of justices on reduced pay – Assignment as associate justices.
SECTION 8-3-7
§ 8-3-7 Retirement of justices on reducedpay – Assignment as associate justices. – (a) Whenever any person engaged as a judge:
(1) On or before [July 2, 1997] has served as ajustice of the supreme court, the superior court, the family court, thedistrict court, or any combination thereof for twenty (20) years, or has soserved for ten (10) years and has reached the age of sixty-five (65) years,that justice may retire from active service and thereafter the justice shallreceive annually during life a sum equal to three-fourths (3/4) of the annualsalary that the justice was receiving at the time of retirement;
(2) Subsequent to July 2, 1997 and prior to January 1, 2009,has served as a justice of the supreme court, the superior court, the familycourt, the district court or any combination thereof, for twenty (20) years, orhas so served for ten (10) years and has reached the age of sixty-five (65)years, said justice may retire from active service and thereafter said justiceshall receive annually during life a sum equal to three-fourths (3/4) of his orher average highest three (3) consecutive years of compensation;
(3) On or after January 1, 2009, has served as a justice ofthe supreme court, the superior court, the family court, the district court orany combination thereof, for twenty (20) years, or has so served for ten (10)years and has reached the age of sixty-five (65) years, said justice may retirefrom active service and thereafter said justice shall receive annually duringlife a sum equal to seventy percent (70%) of his or her average highest three(3) consecutive years of compensation.
(4) On or after July 1, 2009, shall have served as a justiceof the supreme court, the superior court, the family court, the district court,or any of them for twenty (20) years, or has served for ten (10) years, andreached the age of sixty-five (65) years, said justice may retire from regularactive service and thereafter said justice shall receive annually during his orher life a sum equal to sixty-five percent (65%) of his or her average highestfive (5) consecutive years of compensation.
(b) Whenever a justice or magistrate shall be granted a leaveof absence without pay, such absence shall not be credited towards activeservice time for the purposes of retirement.
(c) Any justice in any of the courts who shall retire inaccordance with the provisions of this section or § 36-9-5 may, at his orher own request and at the direction of the chief justice of the supreme court,subject to the retiree's physical and mental competence, be assigned to performsuch services as an associate justice of the superior court, or the familycourt, or the district court as the presiding justice of the superior court, orthe chief judge of the family court, or the district shall prescribe. When soassigned and performing such service, the justice shall have all the powers andauthority of an associate justice of the superior court, the family court, orthe district court but otherwise shall have no powers nor be authorized toperform any judicial duties. Such a retired justice shall not be counted in thenumber of judges provided by law for the superior court, the family court, orthe district court.
(d) Any justice of the supreme court who shall retire inaccordance with the provisions of this section shall at the direction of thechief justice of the supreme court, subject to the retiree's physical andmental competence, be assigned to perform such services as an associate justiceof the supreme court as the chief justice of the supreme court shall prescribe.When so assigned and performing such services, the retiree shall have all thepowers and authority of an associate justice of the supreme court, butotherwise he or she shall have no powers nor be authorized to perform anyjudicial duties relating to the supreme court, except as authorized under§ 8-1-1. Such a retired justice shall not be counted in the number ofjustices provided by law for the supreme court.