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DELEGATE HARDWICKE: Delegate
Grant, the problem is that you have a
number of peoples' court judges who are
full-time judges who will be continued in
office as district court judges. We have
the same principle with regard to this
problem as we have with the upper three
tiers.
Therefore, we want to prevent the in-
flationary factor with regard to the low-
est tier also.
DELEGATE GRANT: My problem is
simply, whether it is considered that al-
though they are now sitting as peoples'
court judges, that they are, in fact, sitting
as district court judges, and, therefore,
even though this section does not become
effective until 1970, they are in the term
of office, and, therefore, could not have this
salary scale changed?
(A t this point, Second Vice-President
William James assumed the Chair.)
DELEGATE JAMES (presiding): Dele-
gate Hardwicke.
DELEGATE HARDWICKE: That is an
interesting argument. I do not think that
would be the way it would be treated. I
just feel very certain that they would not
be district court judges until that court
comes ino existence, until they assume
that new role.
DELEGATE JAMES (presiding): Dele-
gate Grant.
DELEGATE GRANT: This being the
case, then the General Assembly could
modify section D.
DELEGATE JAMES (presiding): Dele-
gate Hardwicke.
DELEGATE HARDWICKE: Yes.
DELEGATE JAMES (presiding): Dele-
gate Taylor.
DELEGATE L. TAYLOR: Delegate
Hardwicke, this pertains to section 22. At
the present time if a judge is in service,
when you calculate his pension at the rate
of $1,300 per annum, when do you start
calculating his pension? Would you start
in 1970 or would you start prior to 1970,
if he is in service at this time?
DELEGATE HARDWICKE: You take
the total years of service and you calcu-
late. It does not make any difference when
you start. It is the total time he has been
in service, but there is a maximum cut off
you will see concerning the $1,300 at the
amount of $23,333. Under the old legisla-
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tion, instead of a figure cut off we have a
number of years, which multiplies out to
the same figure. If you are talking about a
judge that is in a court as of now, and is
continued over to another court, you use
both services. That is to say, he gets credit
for both judicial offices.
DELEGATE L. TAYLOR: I see.
Also, is this a contributory pension or
noncontributory pension? Are any of the
judges' salaries deducted for the amount
of the pension?
DELEGATE HARDWICKE: No. This
is not a contributory pension plan. It is
strictly borne by the State.
DELEGATE JAMES (presiding): Dele-
gate Taylor.
DELEGATE L. TAYLOR: Also, it says
that 'the pension is calculated at the rate
of $1,300 per annum for each year. If the
judge is ill, do you consider it as part of
his service?
DELEGATE HARDWICKE: Yes.
DELEGATE L. TAYLOR: For instance,
if he was ill for say, five years, continu-
ously, three months out of the year, would
that still be included in his pension cal-
culation?
DELEGATE HARDWICKE: If during
such period of time he held the office of
judge, it would be.
DELEGATE L. TAYLOR: During the
time that a judge is disabled, do you pro-
vide a means of compensating a judge for
his period of illness? Is he compensated for
his illness?
DELEGATE HARDWICKE: When a
judge is ill, if he is not totally disabled, he
continues to receive his regular pay.
DELEGATE L. TAYLOR: Also, is the
fact that a judge does not have to con-
tribute to his pension an exception con-
cerning state employees?
DELEGATE JAMES (presiding) : Dele-
gate Hardwicke.
DELEGATE HARDWICKE: Yes.
DELEGATE L. TAYLOR: One other
question.
Suppose that two lawyers, who happen
to be man and wife, happen to be ap-
pointed to a judgeship. One of them dies.
Would the widow or the widower receive
her pension or his pension and the pension
of the dead spouse?
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