WEST virginia legislature
2021 regular session
Committee Substitute
for
Senate Bill 614
By Senators Lindsay, Caputo, Hamilton, Trump, Romano, Unger, and Grady
[Originating in the Committee on the Judiciary; reported on March 17, 2021]
A BILL to amend and reenact §51-2A-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §51-2A-6 of said code; and to amend and reenact §51-9-1a of said code, all relating to including family court judges in the Judges’ Retirement System.
Be it enacted by the Legislature of West Virginia:
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 2A. FAMILY COURTS.
§51-2A-4. Qualifications of family court judges.
(a) A family court judge must be a resident of this state, a member in good standing of the West Virginia State Bar, admitted to practice law in this state for at least five years prior to election, and must, at the time he or she takes office, and thereafter during his or her continuance in office, reside in the family court circuit for which he or she is a judge.
(b) A family court judge may not engage in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of his or her duties as a judicial officer. A family court judge is not permitted to engage in the outside practice of law and shall devote full time to his or her duties as a judicial officer.
(c) The Supreme Court of Appeals may establish requirements for family court judges to attend and complete courses of instruction and continuing educational instruction in principles of family law and procedure.
(d) A person's acceptance of the office of family court
judge pursuant to appointment or election constitutes the person's consent,
agreement and election during the term of office not to become a member of the
judges retirement system solely by reason of or based upon service as a family
court judge and an acknowledgment by the person of the sole authority of the
Legislature to determine the eligibility of family court judges to participate
in a retirement system. Notwithstanding any other provision of law to the
contrary, upon final judicial determination that a person, individually or as a
member of a class, is eligible for participation in the judges retirement
system solely by reason of or based upon service as a family court judge, no
additional persons except as may be provided for in this subsection may be
admitted to the judges retirement system existing upon the effective date of
the final judicial determination. A circuit judge or justice of the Supreme
Court of Appeals who is a member of the existing judges retirement system whose
employment continues beyond the final judicial determination shall continue to
contribute to and participate in the existing judges retirement system without
a change in plan provisions or benefits. Any person who was previously a member
of the judges retirement system and who later returns to participating
employment as a circuit judge or justice of the Supreme Court of Appeals after
the final judicial determination has the right to elect to return to the
existing judges retirement system and participate during the judge's or justice's
term or terms of office.
§51-2A-6. Compensation and expenses of family court judges and their staffs.
(a) A family court judge is entitled to receive as compensation for his or her services an annual salary of $62,500: Provided, That beginning July 1, 2005, a family court judge is entitled to receive as compensation for his or her services an annual salary of $82,500: Provided, however, That beginning July 1, 2011, the annual salary of a family court judge shall be $94,500: Provided further, That beginning July 1, 2020, the annual salary of a family court judge shall be $103,950.
(b) The secretary-clerk of the family court judge is
appointed by the family court judge and serves at his or her will and pleasure.
The secretary-clerk of the family court judge is entitled to receive an annual
salary of $27,036: Provided, That on and after July 1, 2006, the annual
salary of the secretary-clerk shall be established by the Administrative
Director of the Supreme Court of Appeals, but may not exceed $39,000. In
addition, any person employed as a secretary-clerk to a family court judge on
the effective date of the enactment of this section during the sixth
extraordinary session of the Legislature in the year 2001 who is receiving an
additional $500 per year up to 10 years of a certain period of prior employment
under the provisions of the prior enactment of §51-2A-8 of this code during the
second extraordinary session of the Legislature in the year 1999 shall continue
to receive such additional amount. Further, the secretary-clerk will shall
receive such any percentage or proportional salary increases as
may be provided by general law for other public employees and is entitled
to receive the annual incremental salary increase as provided in §5-5-1 et
seq. of this code.
(c) The family court judge may employ not more than one
family case coordinator who serves at his or her will and pleasure. The annual
salary of the family case coordinator of the family court judge shall be
established by the Administrative Director of the Supreme Court of Appeals but
may not exceed $36,000: Provided, That on and after July 1, 2006, the
annual salary of the family case coordinator of the family court judge may not
exceed $51,000. The family case coordinator will receive such any
percentage or proportional salary increases as may be provided by
general law for other public employees and is entitled to receive the annual
incremental salary increase as provided in §5-5-1 et seq. of this code.
(d) The sheriff or his or her designated deputy shall serve
as a bailiff for a family court judge. The sheriff of each county shall serve
or designate persons to serve so as to assure that a bailiff is
available when a family court judge determines the same a baliff is
necessary for the orderly and efficient conduct of the business of the family
court.
(e) Disbursement of salaries for family court judges and members of their staffs are made by or pursuant to the order of the Director of the Administrative Office of the Supreme Court of Appeals.
(f) Family court judges and members of their staffs are
allowed their actual and necessary expenses incurred in the performance of
their duties. The expenses and compensation will shall be
determined and paid by the Director of the Administrative Office of the Supreme
Court of Appeals under such guidelines as he or she may prescribe, as approved
by the Supreme Court of Appeals.
(g) Notwithstanding any other provision of law, family
court judges are not eligible to participate in the retirement system for
judges under the provisions of §51-9-1 et seq. of this code.
ARTICLE 9. RETIREMENT SYSTEM FOR JUDGES OF COURTS OF RECORD.
§51-9-1a. Definitions.
(a) As used in this
article, the term “judge”, “judge of any court of record,” or “judge of any
court of record of this state” means, refers to, and includes judges of the
several family courts, circuit courts, and justices of the
Supreme Court of Appeals. For purposes of this article, the terms do not
mean, refer to or include family court judges
(b) “Actuarially equivalent” or “of equal actuarial value” means a benefit of equal value computed upon the basis of the mortality table and interest rates as set and adopted by the retirement board in accordance with the provisions of this article: Provided, That when used in the context of compliance with the federal maximum benefit requirements of Section 415 of the Internal Revenue Code, “actuarially equivalent” shall be computed using the mortality tables and interest rates required to comply with those requirements.
(c) “Beneficiary” means any person, except a member, who is entitled to an annuity or other benefit payable by the retirement system.
(d) “Board” means the Consolidated Public Retirement Board created pursuant to §5-10D-1 et seq. of this code.
(e) “Final average salary” means the average of the highest 36 consecutive months’ compensation received by the member as a judge of any court of record of this state.
(f) “Internal Revenue Code” means the Internal Revenue Code of 1986, as it has been amended.
(g) “Member” means a judge participating in this system.
(h) “Plan year” means the 20-month period commencing on July 1 of any designated year and ending the following June 30.
(i) “Required beginning
date” means April 1 of the calendar year following the later of: (i) The
calendar year in which the member attains age 70 and 1/2 one-half
years; or (ii) the calendar year in which the member retires or otherwise
separates from covered employment.
(j) “Retirement system” or
“system” means the Judges’ Retirement System created and established by this
article. Notwithstanding any other provision of law to the contrary, the
provisions of this article are applicable only to family court judges,
circuit judges, and justices of the Supreme Court of Appeals in the
manner specified in this article. No service as a family court judge may be
construed to qualify a person to participate in the Judges’ Retirement System
or used in any manner as credit toward eligibility for retirement benefits
under the Judges’ Retirement System
NOTE: The purpose of this bill is to include family court judges in the Judges’ Retirement System.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.