Signed by Governor Pete Ricketts

Vote Smart's Synopsis:

Vote to pass a bill that increases court fees to pay for judges' retirement plans.

Highlights:

• Classifies a “judge” as all of the following (Sec. 1-13):

• All duly elected or appointed Chief Justices or judges of the Supreme Court and judges of the district courts of Nebraska who serve in such capacity on and after January 3, 1957;

• All duly appointed judges of the Nebraska Workmen's Compensation Court who served in such capacity on and after September 20, 1957, and prior to July 17, 1986, and judges of the Nebraska Workers' Compensation Court who serve in such capacity on and after July 17, 1986;

• Judges of separate juvenile courts;

• Judges of the county courts of the respective counties who serve in such capacity on and after January 5, 1961;

• Judges of the county court and clerk magistrates who were associate county judges and members of the fund at the time of their appointment as clerk magistrates;

• Judges of municipal courts established by Chapter 26, article 1, who served in such capacity on and after October 23, 1967, and prior to July 1, 1985; and

• Judges of the Court of Appeals;

• Specifies retirement date means the following (Sec. 1-24):

• The first day of the month following the date upon which a member's request for retirement is received on a retirement application if the member is eligible for retirement and has terminated employment; or 

• The first day of the month following termination of employment if the member is eligible for retirement and has filed an application but has not yet terminated employment;

• Requires the Director of Administrative Services to make a deduction on the monthly payroll of each such future member who is a judge of the Supreme Court, a judge of the Court of Appeals, a judge of the district court, a judge of a separate juvenile court, a judge of the county court, a clerk magistrate of the county court who was an associate county judge and a member of the fund at the time of his or her appointment as a clerk magistrate, or a judge of the Nebraska Workers' Compensation Court showing the amount to be deducted and its credit to the fund. This shall be done each month (Sec. 2-2.e).

• Establishes a Nebraska Retirement Fund for Judges fee of $6 dollars shall be taxed as costs in each (Sec. 2-3):

• Civil cause of action, criminal cause of action, traffic misdemeanor or infraction, and city or village ordinance violation filed in the district courts, the county courts, and the separate juvenile courts;

• Filing in the district court of an order, award, or judgment of the Nebraska Workers' Compensation Court or any judge thereof;

• Appeal or other proceeding filed in the Court of Appeals; and

• Original action, appeal, or other proceeding filed in the Supreme Court.

• Requires all expenditures from the fund to be authorized by voucher in the manner prescribed. The fund shall be used for the payment of all annuities and other benefits to members and their beneficiaries and for the expenses of administration (Sec. 2-4).

• Authorizes any member to, when filing an application as provided by the retirement system, elect to receive, in lieu of the normal form annuity benefits to which the member or his or her beneficiary may otherwise be entitled under the Judges Retirement Act, an optional form of annuity benefits which the Public Employees Retirement Board may by rules and regulations provide, the value of which, determined by accepted actuarial methods and on the basis of actuarial assumptions recommended by the actuary, approved by the board, and kept on file in the office of the director, is equal to the value of the benefit replaced (Sec. 3-3).

• Specifies if the actuarially required contribution rate exceeds the rate of all contributions required pursuant to the School Employees Retirement Act, the actuary shall determine the added contributions required to be paid by the State of Nebraska that constitute the difference between the actuarially required contribution rate and the rate of all other required contributions (Sec. 4-2.d).

Full Bill Text