North Dakota § 27-17-02 Retention of assessments from judges' salaries - Withdrawal of sums so retained

North Dakota Statutes

§ 27-17-02 — Retention of assessments from judges' salaries - Withdrawal of sums so retained

North Dakota·Title 27 Judicial Branch of Government·Ch. 27-17 Retirement of Judges

retained.

1.Every judge of the supreme court or of the district court is subject to a judicial retirement assessment in the amount of five percent of the judge's salary during the first twenty years of service as such judge, from and after the effective date of this section, which amount must be deducted, withheld, and retained by the state of North Dakota. In computing the period of assessment, every judge must be credited with all previous years in which judicial retirement assessments have been deducted and withheld from the judge's salary.

2.In lieu of receiving judicial retirement salary under this chapter, a judge of the supreme court or a judge of the district court, or in the event of the judge's death, the surviving spouse or legal representative, upon application to the supreme

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retained.
1. Every judge of the supreme court or of the district court is subject to a judicial
retirement assessment in the amount of five percent of the judge's salary during the
first twenty years of service as such judge, from and after the effective date of this
section, which amount must be deducted, withheld, and retained by the state of North
Dakota. In computing the period of assessment, every judge must be credited with all
previous years in which judicial retirement assessments have been deducted and
withheld from the judge's salary.
2. In lieu of receiving judicial retirement salary under this chapter, a judge of the supreme
court or a judge of the district court, or in the event of the judge's death, the surviving
spouse or legal representative, upon application to the supreme court at any time after
the person ceases to be such judge and without having made application for and
received judicial retirement salary under this chapter, is entitled to receive the amount
of judicial retirement assessments heretofore or hereafter deducted and withheld by
the state of North Dakota. If such judge has received judicial retirement salary under
this chapter, the amount of judicial retirement assessments deducted and withheld by
the state of North Dakota in excess of judicial retirement salary received by such
judge, are payable, in the event of the judge's death, but not otherwise, to the surviving
spouse if living, otherwise to the judge's legal representative.
3. If any former judge, after having withdrawn judicial retirement assessments withheld
by the state of North Dakota, shall thereafter become a judge of the supreme court or

of the district court of this state, the person may, at the person's election, within one
year after becoming such judge, reinstate the person's prior years of service by
returning to the fund the amount withdrawn by the person, with simple interest at the
rate of four percent per annum from the time of such withdrawal.

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