§ 12-18-112 — Transfer of Contributions and Creditable Service - District Judge’s Adjusted Benefit Formulas; Spouse’s Benefits

In the event a member of the Judicial Retirement Fund, who is a district judge, or a surviving spouse thereof, must employ and count creditable service transferred under this article to qualify for retirement and/or benefits under the fund, the benefits or allowances payable to such member or spouse shall be calculated as follows, and shall be in lieu of any and all other rights, benefits and allowances, except social security payments:
(1) The annual service allowance payable to a retiring district judge shall be an annual amount equal to the sum of:
a. The amount which results when 90 percent of the retirement benefits payable by the state to circuit judges on the date such district judge retires (as is provided under Section 12-18-58) is multiplied by the ratio created when the member’s number of years of creditable service, excluding transferred credit, is compared to the number of years of creditable service section under Section 12-18-55, to retire on service with respect to the member’s age at the time of retirement; and
b. Two and one-eightieth percent of the member’s average final compensation, that is the average annual compensation, during the three years in the last 10 years of creditable service transferred under this article for which such average is highest, or during his entire period of transferred creditable service if less than three years credit is transferred under this article multiplied by the number of years of the member’s creditable service transferred under the provisions of this article.
The annual service allowance shall be payable to such retiring district judge in equal monthly installments but, anything in this section to the contrary notwithstanding, shall not exceed 90 percent of the retirement benefits payable by the state to a circuit judge on the date such district judge retires.
(2) The annual disability allowance payable to a retiring district judge shall be an annual amount equal to the sum of:
a. A percentage of the salary payable by the state for an active district judge at the date such district judge retires multiplied by the member’s number of years of creditable service, excluding transferred credit, in accordance with the following schedule:
Creditable Service
Percentage of Salary
1
5
2
10
3
15
4
20
5
30
6
35
7
45
8
55
9
65
10
75
and,
b. Two and one-eightieth percent of the average final compensation for the period of transferred service credit multiplied by the member’s number of years of creditable service transferred hereunder.
The annual disability allowance shall be payable in equal monthly installments but, anything in this section to the contrary notwithstanding, said allowance shall not exceed 75 percent of the salary payable by the state for the position from which the member retired at the time of retirement.
(3) The annual allowance payable to the surviving spouse of a district judge shall be an annual amount equal to the sum of:
a. Five hundred fifty dollars multiplied by the member’s number of years of creditable service as a district judge or as an intermediate court judge excluding transferred service, and not to exceed 10 years; and
b. Forty percent of two and one-eightieth percent of the member’s average final compensation for the creditable service transferred under this article multiplied by the number of years of the member’s creditable service transferred under the provisions of this article.
The annual allowance to the surviving spouse shall be payable in equal monthly installments for the remainder of the surviving spouse’s life or until remarriage, but, anything in this section to the contrary notwithstanding, said annual allowance shall not exceed the maximum survivor benefit allowable under Section 12-18-60.

Legislative History

(Acts 1980, No. 80-461, p. 714, §2.)