HF 3620

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to judges; authorizing a judge whose term of 
  1.3             office expires six months or less before the age of 65 
  1.4             to remain in office until age 65; amending Minnesota 
  1.5             Statutes 1996, section 490.101, by adding a 
  1.6             subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 490.101, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 5.  [RETENTION OF JUDICIAL OFFICE; AGE 65.] Any 
  1.11  incumbent judge whose term of office expires six months or less 
  1.12  prior to the judge attaining the age of 65 may continue in 
  1.13  office until age 65 without reelection if prior to the opening 
  1.14  of the filing period for the next election for the judicial seat 
  1.15  held by the incumbent judge, the incumbent judge notifies the 
  1.16  secretary of state and the governor of the following information:
  1.17     (1) the date of birth of the judge; 
  1.18     (2) the date the judge's term expires; 
  1.19     (3) the desire of the judge to continue in office until age 
  1.20  65; 
  1.21     (4) the acknowledgment of the judge that the judge will 
  1.22  waive any salary from the date the term expires until age 65 at 
  1.23  which time the judge's retirement shall become effective; and 
  1.24     (5) the acknowledgment of the judge that the judge shall 
  1.25  continue to be eligible for benefits until age 65 including 
  1.26  accrual of vacation, accrual of pension rights, continuous 
  2.1   coverage under any life insurance, or medical or dental program 
  2.2   the judge would have been entitled to had the judge continued in 
  2.3   office. 
  2.4      Upon notification of an election to continue in office 
  2.5   until age 65 under the terms described above, the secretary of 
  2.6   state shall designate the seat held by the judge to be open for 
  2.7   election without an incumbent at the regularly scheduled 
  2.8   election in the November preceding the expiration of the judge's 
  2.9   term of office. 
  2.10     The retiring judge may collect the pension the judge would 
  2.11  have been entitled to upon expiration of the term of office 
  2.12  until age 65 whereupon the pension shall be recalculated to 
  2.13  remove any reductions for early retirement and to give pension 
  2.14  credit to age 65 figured on the last five years of salary up to 
  2.15  the expiration of the judge's term of office.