Rule 3-501. Insurance benefits upon retirement.

Intent:

To establish uniform policies regarding sick leave for justices, judges, and court commissioners and conversion of sick leave 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.

(A) For each year of full-time employment that a justice, judge, or court commissioner uses 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 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 the judge, justice, or court commissioner is not otherwise covered by a comparable medical insurance policy, the judge, justice, or court commissioner shall be eligible for and receive the insurance benefits which have accrued.

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

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

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

(3) Duration of benefits.

(A) The duration of benefits shall be calculated from the effective date of the justice’s, judge’s or court commissioner’s retirement. Earned benefits shall not exceed seven years. Automatic benefits shall not exceed five years. Earned benefits and automatic benefits shall not exceed seven years.

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

(C) If the spouse of the 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 earned or automatic benefits or until the spouse becomes eligible for Medicare, whichever is earlier, except that prescription drug insurance and supplemental Medicare insurance for the spouse shall continue for the balance of the term of earned or automatic benefits.

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

(4) As authorized by Utah Code Ann. Section 78-3-24(9), the Court Administrator will develop methods for recording sick leave use by justices, judges, and court commissioners and for recording sick leave conversion to paid up medical, dental and life insurance benefits.

(5) Active Senior Judge incentive benefit.

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

(B) To qualify for the incentive benefit the senior judge must:

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

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

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

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

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

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