NRS2.060. Pensions. [Effective through December 31, 2014, and after that date through June 30, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are not approved and ratified by the voters at the 2014 General Election.]

      1.  Any justice of the Supreme Court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 22 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to three-fourths the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      2.  Any justice of the Supreme Court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 5 years and has ended such service is, after reaching the age of 60 years, entitled to receive annually from the State of Nevada, as a pension during the remainder of his or her life, a sum of money equal in amount to 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable monthly from the Judicial Retirement Fund established pursuant to NRS 1A.160.

      3.  Any justice of the Supreme Court who qualifies for a pension under the provisions of subsection 2 is entitled to receive, for each year served beyond 5 years up to a maximum of 22 years, an additional 4.1666 percent of the sum received as a salary for his or her judicial services during the last year thereof, payable as provided in subsection 2.

      4.  Any justice who has retired pursuant to subsection 3 and is thereafter recalled to additional active service in the court system is entitled to receive credit toward accumulating 22 years’ service for the maximum pension based upon the time he or she actually spends in the additional active service.

      5.  Any justice who has the years of service necessary to retire but has not attained the required age may retire at any age with a benefit actuarially reduced to the required retirement age. A benefit under this subsection must be reduced in the same manner as benefits are reduced for persons retired under the Public Employees’ Retirement System.

      6.  Any person receiving a pension pursuant to the provisions of this section is entitled to receive postretirement increases equal to those provided for persons retired under the Public Employees’ Retirement System.

      7.  Any justice who desires to receive the benefits of this section must file with the Executive Officer of the Public Employees’ Retirement Board an affidavit setting forth the fact that the justice is ending his or her service, the date and place of his or her birth, and the years he or she has served in any district court or the Supreme Court.

      8.  Any justice who has retired and is thereafter recalled to additional active service in the court system as a senior justice is entitled to receive a retirement allowance during the period of reemployment in addition to compensation for services.

      9.  The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have ended his or her service pursuant to it.

      [Part 1:118:1937; A 1947, 404; 1949, 412; 1951, 362] + [Part 2:118:1937; 1931 NCL § 4881.02] + [3:118:1937; 1931 NCL § 4881.03] + [Part 4:118:1937; 1931 NCL § 4881.04]—(NRS A 1957, 283; 1960, 397; 1971, 244; 1975, 370; 1979, 1082; 1981, 890; 1983, 839; 1985, 858; 1987, 834; 1993, 1167; 2001, 3110; 2001 Special Session, 88; 2003, 221; 2007, 1971; 2009, 2218, 2219, 2222)

Note

Pursuant to NRS 286.305, a qualifying justice or judge who participates in the public employees’ retirement system (PERS) may withdraw from PERS and receive benefits under NRS 2.060 or 3.090, as applicable. However, NRS 286.305 will be repealed effective January 1, 2003. With respect to justices and judges who are members of PERS, are elected or appointed on or after November 5, 2002, take office on or after January 1, 2003, and have served as a justice or judge before November 5, 2002, the repeal of NRS 286.305 is not problematic because such justices and judges may, pursuant to NRS 1A.280, opt to participate in the judicial retirement plan (JRP) (see NRS 1A.300 et seq.) and, having become members of the JRP, may further opt upon retirement to take the benefit under the JRP or the benefit offered pursuant to NRS 2.060 or 3.090 (see the former provisions of NRS 1A.270). With respect to justices and judges who are members of PERS and who retire after January 1, 2003, without having been reelected on or after November 5, 2002, the repeal of NRS 286.305 is problematic, because such justices and judges are not eligible to opt into the JRP pursuant to NRS 1A.280. For this second group of justices and judges, the loss of a benefit without the addition of a commensurate benefit would violate the holding of the supreme court in Public Employees’ Retirement Bd. v. Washoe County, 96 Nev. 718 (1980). Thus, justices and judges who are members of PERS and who retire after January 1, 2003, without having been reelected on or after November 5, 2002, should be allowed to take the option set forth in NRS 286.305 even after that section is repealed. AGO 2002-30 (8-21-2002)