SB712 SFA Oliverio #1 3-12

Childs  7949

Senator Oliverio moved to amend the bill on page 12, section 27b, line 64, by striking out “(A) or (B) below”;

And,

On page 25, section 2, line 122, by striking out “(u)” and inserting in lieu thereof “(v)”;

And,

On page 32, section 9b, line 63, by striking out “(A) or (B) below”;

And,

On page 35, section 2, line 13, after the word “Guard” by inserting a comma and the words “Space Force,”;

And,

On page 46, section 11, line 63, by striking out “(A) or (B) below”;

And,

On page 50, section 45, line 73, by striking out “(A) or (B) below”;

And,

On page 51, section 2, line 5, after the word “Marines” by inserting a comma and the words “Space Force,”;

And,

On page 58, section 6b, line 58, by striking out “(A) or (B) below”;

And,

On page 73, section 13, line 63, by striking out “(A) or (B) below”;

And,

On page 85, section 28b, line 64 by striking out “(A) or (B) below”;

And,

On page 92, section 12a, line 67, by striking out “(A) or (B) below”;

And,

On page 105, section 14, line 62, by striking out “(A) or (B) below”;

And,

On page 108, section 10, lines 8 – 16, by striking out subsection (b) and inserting in lieu thereof a new subsection (b), to read as follows:

(b) The Legislature recognizes and acknowledges the authority of the West Virginia Supreme Court of Appeals to recall retired circuit court judges, family court judges, judges of the Intermediate Court of Appeals, and justices of the Supreme Court of Appeals for temporary assignment and to create a panel of such senior judges and justices to serve in certain circumstances including, but not limited to, serving temporarily in the event of a protracted illness or medical condition, lengthy suspension, or other unfilled vacancy, serving temporarily in a circuit to assist with an excess of pending matters identified by the administrative director, serving temporarily in a circuit in the event of a recusal or disqualification of a judge in that circuit, or presiding over cases pending in mass litigation and business court: Provided, That extended assignment of retired judges and justices must not be utilized in such a way as to threaten the qualified status of the Judges' Retirement System under applicable provisions of the Internal Revenue Code, including Treasury Regulation §1.401(a)-1(b)(1) requiring that a qualified plan must be established primarily to provide payment of definitely determinable benefits to its employees after retirement or attainment of normal retirement age.;

And,

On page 109, section 10, lines 23 – 32, by striking out subsection (d) and inserting in lieu thereof a new subsection (d), to read as follows:

(d) Notwithstanding subsection (c) of this section, for purposes of maintaining judicial efficacy and continuity in judicial decision making, a senior judge or justice may continue to receive per diem compensation after the combined total of per diem compensation and retirement benefits paid to the senior judge or justice during that calendar year exceeds the annual salary of a sitting circuit judge if the Chief Justice of the Supreme Court of Appeals enters an administrative order certifying there are certain extraordinary circumstances involving the necessary absence of a sitting judicial officer or other circumstances which necessitate the extended assignment of the senior judge or justice as set forth in subsection (b) of this section. Immediately upon entering such an order, the Chief Justice shall submit copies of the order to the State Auditor and the State Treasurer.;

And,

On page 113, section 12b, line 58, by striking out “(A) or (B) below”.

Adopted

Rejected