§ 8-3-8 Retirement of justices on full pay– Assignment as associate justices. – (a) Whenever any person engaged as a judge:
(1) On or before [July 2, 1997] shall have servedas a justice of the supreme court, the superior court, the family court, thedistrict court, or any of them for twenty (20) years and has reached the age ofsixty-five (65) years, or has served for fifteen (15) years, and reached theage of seventy (70) years, that justice may retire from regular active serviceand thereafter the justice shall receive annually during his or her life a sumequal to the annual salary the justice was receiving at the time of his or herretirement;
(2) Subsequent to July 2, 1997 and prior to January 1, 2009,shall have served as a justice of the supreme court, the superior court, thefamily court, the district court, or any of them for twenty (20) years and hasreached the age of sixty-five (65) years, or has served for fifteen (15) years,and reached the age of seventy (70) years, said justice may retire from regularactive service and thereafter said justice shall receive annually during his orher life a sum equal to his or her average highest three (3) consecutive yearsof compensation.
(3) On or after January 1, 2009, shall have served as ajustice of the supreme court, the superior court, the family court, thedistrict court, or any of them for twenty (20) years and has reached the age ofsixty-five (65) years, or has served for fifteen (15) years, and reached theage of seventy (70) years, said justice may retire from regular active serviceand thereafter said justice shall receive annually during his or her life a sumequal to ninety percent (90%) of his or her average highest three consecutiveyears 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 and has reached the age of sixty-five (65)years, or has served for fifteen (15) years, and reached the age of seventy(70) years, said justice may retire from regular active service and thereaftersaid justice shall receive annually during his or her life a sum equal toeighty percent (80%) of his or her average highest five (5) consecutive yearsof 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 of any of the courts 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 superior court, or the family court, or the district court as thepresiding justice of the superior court, or the chief judge of the familycourt, or the district court shall prescribe. When so assigned and performingsuch service, the retiree shall have all the powers and authority of anassociate justice of the superior court, the family court, or the districtcourt but otherwise he or she shall have no powers nor be authorized to performany judicial duties. Such a retired justice shall not be counted in the numberof judges provided by law for the superior court, the family court, or thedistrict 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.
§ 8-3-8 Retirement of justices on full pay– Assignment as associate justices. – (a) Whenever any person engaged as a judge:
(1) On or before [July 2, 1997] shall have servedas a justice of the supreme court, the superior court, the family court, thedistrict court, or any of them for twenty (20) years and has reached the age ofsixty-five (65) years, or has served for fifteen (15) years, and reached theage of seventy (70) years, that justice may retire from regular active serviceand thereafter the justice shall receive annually during his or her life a sumequal to the annual salary the justice was receiving at the time of his or herretirement;
(2) Subsequent to July 2, 1997 and prior to January 1, 2009,shall have served as a justice of the supreme court, the superior court, thefamily court, the district court, or any of them for twenty (20) years and hasreached the age of sixty-five (65) years, or has served for fifteen (15) years,and reached the age of seventy (70) years, said justice may retire from regularactive service and thereafter said justice shall receive annually during his orher life a sum equal to his or her average highest three (3) consecutive yearsof compensation.
(3) On or after January 1, 2009, shall have served as ajustice of the supreme court, the superior court, the family court, thedistrict court, or any of them for twenty (20) years and has reached the age ofsixty-five (65) years, or has served for fifteen (15) years, and reached theage of seventy (70) years, said justice may retire from regular active serviceand thereafter said justice shall receive annually during his or her life a sumequal to ninety percent (90%) of his or her average highest three consecutiveyears 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 and has reached the age of sixty-five (65)years, or has served for fifteen (15) years, and reached the age of seventy(70) years, said justice may retire from regular active service and thereaftersaid justice shall receive annually during his or her life a sum equal toeighty percent (80%) of his or her average highest five (5) consecutive yearsof 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 of any of the courts 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 superior court, or the family court, or the district court as thepresiding justice of the superior court, or the chief judge of the familycourt, or the district court shall prescribe. When so assigned and performingsuch service, the retiree shall have all the powers and authority of anassociate justice of the superior court, the family court, or the districtcourt but otherwise he or she shall have no powers nor be authorized to performany judicial duties. Such a retired justice shall not be counted in the numberof judges provided by law for the superior court, the family court, or thedistrict 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.
§ 8-3-8 Retirement of justices on full pay– Assignment as associate justices. – (a) Whenever any person engaged as a judge:
(1) On or before [July 2, 1997] shall have servedas a justice of the supreme court, the superior court, the family court, thedistrict court, or any of them for twenty (20) years and has reached the age ofsixty-five (65) years, or has served for fifteen (15) years, and reached theage of seventy (70) years, that justice may retire from regular active serviceand thereafter the justice shall receive annually during his or her life a sumequal to the annual salary the justice was receiving at the time of his or herretirement;
(2) Subsequent to July 2, 1997 and prior to January 1, 2009,shall have served as a justice of the supreme court, the superior court, thefamily court, the district court, or any of them for twenty (20) years and hasreached the age of sixty-five (65) years, or has served for fifteen (15) years,and reached the age of seventy (70) years, said justice may retire from regularactive service and thereafter said justice shall receive annually during his orher life a sum equal to his or her average highest three (3) consecutive yearsof compensation.
(3) On or after January 1, 2009, shall have served as ajustice of the supreme court, the superior court, the family court, thedistrict court, or any of them for twenty (20) years and has reached the age ofsixty-five (65) years, or has served for fifteen (15) years, and reached theage of seventy (70) years, said justice may retire from regular active serviceand thereafter said justice shall receive annually during his or her life a sumequal to ninety percent (90%) of his or her average highest three consecutiveyears 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 and has reached the age of sixty-five (65)years, or has served for fifteen (15) years, and reached the age of seventy(70) years, said justice may retire from regular active service and thereaftersaid justice shall receive annually during his or her life a sum equal toeighty percent (80%) of his or her average highest five (5) consecutive yearsof 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 of any of the courts 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 superior court, or the family court, or the district court as thepresiding justice of the superior court, or the chief judge of the familycourt, or the district court shall prescribe. When so assigned and performingsuch service, the retiree shall have all the powers and authority of anassociate justice of the superior court, the family court, or the districtcourt but otherwise he or she shall have no powers nor be authorized to performany judicial duties. Such a retired justice shall not be counted in the numberof judges provided by law for the superior court, the family court, or thedistrict 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.
