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Rule 3-501.  Insurance Benefits Upon Retirement.

Intent:

To establish uniform policies regarding sickleave for justices, judges, and court commissioners and conversion of sickleave to paid up medical, dental and life insurance at the time of retirement.

 

Applicability:

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

 

Statement of the Rule:

(1)  Earned benefits.

(1)(A)   Foreach year of full-time employment that a justice, judge, or court commissioneruses less than four days of sick leave in a calendar year, the judge, justice,or court commissioner will be eligible for and accumulate eight months of paidup medical insurance, dental insurance, prescription drug insurance and lifeinsurance benefits at the time of retirement. Upon retirement, the submissionof an annual application and a showing that the judge, justice, or courtcommissioner is not otherwise covered by a comparable medical insurance policy,the judge, justice, or court commissioner shall be eligible for and receive theinsurance benefits which have accrued.

(1)(B)   Maternityleave and parental leave is considered sick leave for determining benefitsunder this rule.

(1)(C)   Medicaland dental insurance coverage provided will be the same as that carried by thejustice, judge, or court commissioner at retirement, i.e., family, two party,single.

(2)  Automatic benefits. Notwithstandingthe provisions 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)  Theduration of benefits shall be calculated from the effective date of thejustice?s, judge?s or court commissioner?s retirement.Earned benefits shall not exceed seven years. Automatic benefits shall notexceed five years. Earned benefits and automatic benefits shall not exceedseven years.

(3)(B)   Earnedbenefits and automatic benefits shall terminate when the justice, judge, orcommissioner is eligible for Medicare, except that prescription drug insuranceand supplemental Medicare insurance shall continue for the balance of the termof earned or automatic benefits.

(3)(C)  If the spouse ofthe justice, judge, or court commissioner qualifies for medical insurance,prescription drug insurance or dental insurance under subsection (1)(C), such insurance shall continue for the period of earnedor automatic benefits or until the spouse becomes eligible for Medicare,whichever is earlier, except that prescription drug insurance and supplementalMedicare insurance for the spouse shall continue for the balance of the term ofearned or automatic benefits.

(3)(D)  Earned orautomatic benefits for dependents, other than a spouse, of the justice, judge,or court commissioner terminate when the justice, judge, or court commissionerreaches age 65.

(4)  As authorized by Utah Code ? 78A-2-107(9),the state court administrator or designee will develop methods for recordingsick leave use by justices, judges, and court commissioners and for recordingsick leave conversion to paid up medical, dental and life insurance benefits.

(5)  Active senior judge incentive benefit.

(5)(A)   Thejudiciary will pay 50% of the cost of medical and dental insurance premiums fora qualifying active senior judge and spouse until the qualifying active seniorjudge is age 65. The judiciary will pay 50% of the cost of supplemental Medicareinsurance and prescription drugs for a qualifying active senior judge andspouse if the active senior judge is age 65 or older.

(5)(B) ?To qualify for the incentive benefit the activesenior judge must:

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

(5)(B)(ii)   haveexhausted the earned and automatic benefits provided for by this rule;

(5)(B)(iii)  submit to the state court administrator or their designee onor before July 1 of each year a letter expressing an intent to participate inthe incentive benefit program;

(5)(B)(iv)  perform case work, subject to being called during the activesenior judge?s term of appointment; and

(5)(B)(v)   showgood cause to the Judicial Council why the active senior judge should not bedisqualified for the incentive benefit if the active senior judge has turneddown case assignments and has not performed case work for two or more fiscalyears.

(5)(C)   The StateRetirement Office shall deduct from the active senior judge?s retirementbenefit the portion of the cost payable by the active senior judge.

(6)  If an active senior judge whoreceives the incentive benefit changes to inactive status, the senior judgeshall notify the state court administrator or designee in writing that the activesenior judge has converted to inactive status and is receiving the incentivebenefit. The state court administrator or designee shall notify Human Resourcesand URS of the change in status.

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

 

Effective June 28, 2021