Bill Text: NJ A2378 | 2016-2017 | Regular Session | Introduced
Bill Title: Increases statutory mandatory retirement age for Superior Court and Tax Court judges from 70 to 75.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-04 - Introduced, Referred to Assembly Judiciary Committee [A2378 Detail]
Download: New_Jersey-2016-A2378-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
SYNOPSIS
Increases statutory mandatory retirement age for Superior Court and Tax Court judges from 70 to 75.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the mandatory retirement age for judges and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.2B:13-7 is amended to read as follows:
2B:13-7. Term of Office; Retirement. a. The judges of the Tax Court shall hold their offices for initial terms of seven years and until their successors are appointed and qualified, and upon reappointment shall hold their offices during good behavior.
b. The judges of the Tax Court shall be retired upon attaining the age of [70] 75 years, upon the same terms and conditions as judges of the Superior Court, and shall have the same pension rights and other benefits as judges of the Superior Court.
(cf: P.L.1993, c.74, s.1)
2. Section 7 of P.L.1973, c.140 (C.43:6A-7) is amended to read as follows:
7. Any member of the retirement system who has reached the age of [70] 75 years shall be retired forthwith. Any other eligible member of the retirement system may be retired on the first day of the next calendar month subsequent to the filing of a written and duly executed application with the retirement system. Such application shall be accompanied by a copy of the member's resignation from his judicial office which he has filed in the office of the Secretary of State.
(cf: P.L.1973, c.304, s.2)
3. Section 8 of P.L.1973, c.140 (C.43:6A-8) is amended to read as follows:
8. a. Any member who shall have served at least 10 years as a judge of the several courts and having attained the age of 70 years, [shall be retired] may retire.
b. Any member who shall have served at least 15 years as a judge of the several courts and having attained the age of 65 years but not the age of [70] 75 years, may retire.
c. Any member who shall have served at least 20 years as a judge of the several courts and having attained the age of 60 years but not the age of 65 years, may retire.
d. Service in the several courts as given in subsections a., b. and c. of this section shall include service in the office of the Chancellor, Chief Justice of the old Supreme Court, associate justice of the old supreme court, judge of the circuit court, Vice-Chancellor, judge of the court of errors and appeals, judge of the court of common pleas, and advisory master to the superior court.
e. Any member of the retirement system eligible to retire under the provisions of this section, shall receive a retirement allowance consisting of an annuity which shall be the actuarial equivalent of his accumulated deductions together with regular interest, and a pension which, when added to the member's annuity, will provide a retirement allowance during the remainder of his life in the amount equal to three-quarters of his final salary.
(cf: P.L.1981, c.470, s.2)
4. This act shall take effect upon enactment of an amendment to Article VI, Section VI, paragraph 3 of the Constitution (pending before the Legislature as Assembly Concurrent Resolution No. 123 of the 2016-2017 Legislative Session) increasing the mandatory retirement age for Judges of the Superior Court from 70 to 75 years. Should the amendment not be approved by the voters of this State as provided in the Constitution within one year of being submitted to the electorate by the Legislature, this act shall not take effect.
STATEMENT
This bill would increase the statutory mandatory retirement age for judges of the Superior Court and the Tax Court from age 70 to age 75. Because the retirement age for Superior Court judges is set out in the New Jersey Constitution, this substitute would only take effect if the voters of this State approve a constitutional amendment increasing the mandatory retirement age from 70 to 75 for these judges.
