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Rule 3-501.Insurance benefits upon retirement.

 

Intent:

To establish uniform policies regarding sick leave forjustices, judges, and court commissioners and conversion of sick leave to paidup medical, dental and life insurance at the time of retirement.

 

Applicability:

This rule shall apply to all justices, judges, and courtcommissioners of courts of record.

 

Statement of the Rule:

 

(1) Earned benefits.

 

(A) For each year of full-time employment that a justice,judge, or court commissioner uses less than four days of sick leave in acalendar year, the judge, justice, or court commissioner will be eligible forand accumulate eight months of paid up medical insurance, dental insurance,prescription drug insurance and life insurance benefits at the time ofretirement. Upon retirement, the submission of an annual application and ashowing that the judge, justice, or court commissioner is not otherwise coveredby a comparable medical insurance policy, the judge, justice, or court commissionershall be eligible for and receive the insurance benefits which have accrued.

 

(B) Maternity leave is considered sick leave fordetermining benefits under this rule.

 

(C) Medical and dental insurance coverage provided will bethe same as that carried by the justice, judge, or court commissioner atretirement, i.e., family, two party, single.

 

(2) Automatic benefits. Notwithstanding the provisions ofparagraph (1), a justice, judge, or court commissioner who retires and who iseligible for retirement benefits at the time of retirement shall receive amaximum of five years medical insurance, dental insurance, prescription druginsurance and life insurance .

 

(3) Duration of benefits.

 

(A) The duration of benefits shall be calculated from theeffective date of the justice?s, judge?s or courtcommissioner?s retirement. Earned benefits shall not exceed seven years.Automatic benefits shall not exceed five years. Earned benefits and automaticbenefits shall not exceed seven years.

 

(B) Earned benefits and automatic benefits shall terminatewhen the justice, judge, or commissioner is eligible for Medicare, except thatprescription drug insurance and supplemental Medicare insurance shall continuefor the balance of the term of earned or automatic benefits.

 

(C) If the spouse of the justice, judge, or courtcommissioner qualifies for medical insurance, prescription drug insurance ordental insurance under subsection (1)(C), suchinsurance shall continue for the period of earned or automatic benefits oruntil the spouse becomes eligible for Medicare, whichever is earlier, exceptthat prescription drug insurance and supplemental Medicare insurance for thespouse shall continue for the balance of the term of earned or automaticbenefits.

 

(D) Benefits for dependents of the justice, judge, or courtcommissioner terminate when the justice, judge, or court commissioner reachesage 65.

 

(4) As authorized by Utah Code Section 78A-2-107(9), theCourt Administrator will develop methods for recording sick leave use by justices,judges, and court commissioners and for recording sick leave conversion to paidup medical, dental and life insurance benefits.

 

(5) Active Senior Judge incentive benefit.

 

(A) The judiciary will pay 50% of the cost of medical anddental insurance premiums for a qualifying senior judge and spouse until thequalifying senior judge is age 65. The judiciary will pay 50% of the cost ofsupplemental Medicare insurance and prescription drugs for a qualifying seniorjudge and spouse if the senior judge is age 65 or older.

 

(B) To qualify for the incentive benefit the senior judgemust:

 

(i) qualifyas an active senior judge pursuant to Rule 11-201;

 

(ii) have exhausted the otherbenefits provided for by this rule;

 

(iii) submit to the state courtadministrator or designee on or before July 1 of each year a letter expressingan intent to participate in the incentive benefit program;

 

(iv) perform case work, subject tobeing called, for at least 6 days per fiscal year; and

 

(v) show good cause to theJudicial Council why he or she should not be disqualified for the incentivebenefit upon declining three times within any fiscal year to accept case work.

 

(C) The State Retirement Office shall deduct from theactive senior judge?s retirement benefit the portion of the cost payable by theactive senior judge. (6) This policy will be implemented subject toavailability of funds.