§ 8-8.2-9 - Retirement of judges on reduced pay.
SECTION 8-8.2-9
§ 8-8.2-9 Retirement of judges on reducedpay. – (a) Whenever any person first engaged as a judge subsequent to July 2, 1997,has served as a judge of the administrative adjudication court or as a judge ofthe administrative adjudication court who is reassigned by this chapter to thetraffic tribunal for twenty (20) years, or has so served for ten (10) years andhas reached the age of sixty five (65) years, the judge may retire from activeservice and, thereafter, the judge shall receive annually during life a sumequal to three fourths (3/4) of his or her average highest three (3)consecutive years of compensation; provided, however any such person who hasserved twenty (20) years and has reached the age sixty five (65) or has servedfifteen (15) years and has reached the age of seventy (70) years, may retirefrom active service and, thereafter, the judge shall receive annually duringlife a sum equal to his or her average highest three (3) consecutive years ofcompensation. In determining eligibility under this section, any judge who hasserved within the judiciary or as a hearing officer or administrative lawjudge, may include such service as if the service had been on theadministrative adjudication court and shall be included under the provision of§ 36-9-5. Whenever a justice or magistrate shall be granted a leave ofabsence without pay, such absence shall not be credited towards active servicetime for the purposes of retirement.
(b) Any judge who shall retire in accordance with theprovisions of this section may at his or her own request, and at the directionof the chief justice of the supreme court subject to the retiree's physical andmental competence, be assigned to perform such services as a magistrate in thetraffic tribunal as the chief magistrate or chief justice shall prescribe. Whenso assigned and performing that service, he or she shall have all the powersand authority of a magistrate. A retired judge shall not be counted in thenumber of magistrates provided by law for the division of traffic adjudicationnor shall he or she receive any further emolument other than his or herretirement pay for the performance of the aforesaid services.