Print Version
Previous PageFile uploaded: 4/30/2019

Rule 3-501.  Insurance Benefits UponRetirement.

Intent:

To establishuniform policies regarding sick leave for justices, judges, and courtcommissioners and conversion of sick leave to paid up medical, dental and lifeinsurance at the time of retirement.

Applicability:

This ruleshall apply to all justices, judges, and court commissioners of courts ofrecord.

Statement of the Rule:

(1)       Earned benefits.

(1)(A)       For each year of full-time employment that ajustice, judge, or court commissioner uses less than four days of sick leave ina calendar 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 of retirement.Upon retirement, the submission of an annual application and a showing that thejudge, justice, or court commissioner is not otherwise covered by a comparablemedical insurance policy, the judge, justice, or court commissioner shall beeligible for and receive the insurance benefits which have accrued.

(1)(B)       Maternity leave and parental leave is consideredsick leave for determining benefits under this rule.

(1)(C)       Medical and dental insurance coverage providedwill be the same as that carried by the justice, judge, or court commissionerat retirement, i.e., family, two party, single.

(2)       Automatic benefits. Notwithstanding theprovisions of paragraph (1), a justice, judge, or court commissioner whoretires and who is eligible for retirement benefits at the time of retirementshall receive a maximum of five years medical insurance, dental insurance,prescription drug insurance and life insurance .

(3)       Duration of benefits.

(3)(A)       The duration of benefits shall be calculatedfrom the effective date of the justice’s, judge’s or court commissioner’sretirement. Earned benefits shall not exceed seven years. Automatic benefitsshall not exceed five years. Earned benefits and automatic benefits shall notexceed seven years.

(3)(B)       Earned benefits and automatic benefits shallterminate when the justice, judge, or commissioner is eligible for Medicare,except that prescription drug insurance and supplemental Medicare insuranceshall continue for the balance of the term of earned or automatic benefits.

(3)(C)       If the spouse of the justice, judge, or courtcommissioner qualifies for medical insurance, prescription drug insurance ordental insurance under subsection (1)(C), such insurance shall continue for theperiod of earned or automatic benefits or until the spouse becomes eligible forMedicare, whichever is earlier, except that prescription drug insurance andsupplemental Medicare insurance for the spouse shall continue for the balanceof the term of earned or automatic benefits.

(3)(D)       Benefits for dependents of the justice, judge,or court commissioner terminate when the justice, judge, or court commissionerreaches age 65.

(4)       As authorized by Utah Code Section 78A-2-107(9),the Court Administrator will develop methods for recording sick leave use byjustices, judges, and court commissioners and for recording sick leaveconversion to paid up medical, dental and life insurance benefits.

(5)       Active Senior Judge incentive benefit.

(5)(A)       The judiciary will pay 50% of the cost ofmedical and dental insurance premiums for a qualifying senior judge and spouseuntil the qualifying senior judge is age 65. The judiciary will pay 50% of thecost of supplemental Medicare insurance and prescription drugs for a qualifyingsenior judge and spouse if the senior judge is age 65 or older.

(5)(B)       To qualify for the incentive benefit the seniorjudge must:

(5)(B)(i)       qualify as an active senior judge pursuant toRule 11-201;

(5)(B)(ii)       haveexhausted the other benefits provided for by this rule;

(5)(B)(iii)      submitto the state court administrator or designee on or before July 1 of each year aletter expressing an intent to participate in the incentive benefit program;

(5)(B)(iv)      performcase work, subject to being called, for at least 6 days per fiscal year; and

(5)(B)(v)       showgood cause to the Judicial Council why he or she should not be disqualified forthe incentive benefit upon declining three times within any fiscal year toaccept case work.

(5)(C)       The State Retirement Office shall deduct fromthe active senior judge’s retirement benefit the portion of the cost payable bythe active senior judge.

(6)       This policy will be implemented subject toavailability of funds.

Effective May 1, 2019