S-4405               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6165

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Newhouse, Warnke and Rasmussen)

Read first time 1/22/90.

AN ACT Relating to pro tempore service by retired judges; and amending RCW 2.10.155, 41.40.690, and 2.06.150.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 10, chapter 109, Laws of 1988 and RCW 2.10.155 are each amended to read as follows:

          No judge shall be eligible to receive the judge's monthly service or disability retirement allowance if the retired judge is performing service for any nonfederal public employer in this state.  However, ((a)) any presently or future retired judge may render ((up to ninety days of)) pro tempore service ((per year)) as a judge of a court of record ((before the)) without any reduction of such judge's allowance ((shall be reduced on a pro rata basis pursuant to this section)).

          Upon cessation of service for any nonfederal public employer in this state such retiree shall have benefits actuarially recomputed pursuant to the rules adopted by the department.

        Sec. 2.  Section 10, chapter 295, Laws of 1977 ex. sess. as last amended by section 11, chapter 109, Laws of 1988 and RCW 41.40.690 are each amended to read as follows:

          No retiree under the provisions of RCW 41.40.610 through 41.40.740 shall be eligible to receive such retiree's monthly retirement allowance if such retiree is performing service for any nonfederal public employer in this state.  A retiree who ends his or her membership in the retirement system pursuant to RCW 41.40.120(3)(b) is not subject to this section if the retiree's only employment is as an elective official of a city or town.  However, ((a)) any presently or future retired judge may render ((up to ninety days of)) pro tempore service ((per year)) as a judge of a court of record ((before the)) without any reduction of such judge's allowance ((shall be reduced on a pro rata basis pursuant to this section)).

          Upon cessation of service for any nonfederal public employer in this state such retiree shall have benefits actuarially recomputed pursuant to the rules adopted by the department.

        Sec. 3.  Section 1, chapter 114, Laws of 1973 as amended by section 2, chapter 49, Laws of 1977 ex. sess. and RCW 2.06.150 are each amended to read as follows:

          (1) Whenever necessary for the prompt and orderly administration of justice, the chief justice of the supreme court of the state of Washington may appoint any regularly elected and qualified judge of the superior court or any retired judge of a court of record in this state to serve as judge pro tempore of the court of appeals((:  PROVIDED, HOWEVER, That no judge pro tempore appointed to serve on the court of appeals may serve more than ninety days in any one year)).

          (2) Before entering upon his duties as judge pro tempore of the court of appeals, the appointee shall take and subscribe an oath of office as provided for in Article IV, section 28 of the state Constitution.