8-36-806 - Assignment to duty of retired state judges Compensation Creditable service.
8-36-806. Assignment to duty of retired state judges Compensation Creditable service.
(a) The chief justice of the supreme court is empowered to assign any retired state judge to:
(1) Hold any court in the state whenever in the chief justice's judgment it is necessary to do so in order to relieve congested dockets; or
(2) Sit for judges who may be incapacitated or who may be absent because of illness or otherwise.
(b) A retired state judge holding court hereunder shall be paid, in addition to the retirement allowance for the period during which the retired state judge sits as judge, the difference between the retired state judge's retirement allowance for the period and the amount the retired state judge would receive for that period if the retired state judge were an active judge of the same court.
(c) The chief justice shall certify to the judicial cost accountant in the office of the comptroller of the treasury the date on which such service commences and the date on which such service terminates.
(d) Any retired judge assigned to duty under this section who has not attained the maximum creditable service shall be entitled to receive credit for services performed in such duty; provided, that:
(1) Such judge elects to receive such credit by notice to the board; and
(2) Such judge authorizes the deduction of the applicable contributions as set forth under chapter 37, part 2 of this title.
(e) Such service shall be added to the creditable service of such judge and, on July 1 of each year, such judge's benefits shall be adjusted according to the provisions of the superseded system or of the retirement system hereby created as may be appropriate.
[Acts 1972, ch. 814, § 12; T.C.A., §§ 8-3940(a), 8-3940(c), 8-36-813; Acts 1986, ch. 553, § 20.]