2019 House Bill 1138 - Printed

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

940B0571   HOUSE BILL   NO.  1138  

Introduced by:    Representatives Gosch, Brunner, Greenfield (Lana), Jensen (Kevin), Lake, Lesmeister, Qualm, Rasmussen, Reed, Schoenfish, and Zikmund and Senators Greenfield (Brock), Cronin, Maher, Monroe, and Youngberg
 

        FOR AN ACT ENTITLED, An Act to revise provisions regarding the mandatory retirement age of judges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 16-1-4.1 be amended to read:
    16-1-4.1. A justice of the Supreme Court who attains the age of eighty is automatically retired on the first Tuesday after the first Monday of January next after the following the next general election at which members of the Legislature are elected immediately following the attainment of age seventy of such justice. Such. A justice who is automatically retired under this section shall conclude all matters that are pending before him the justice, unless the Supreme Court makes other provisions for the disposition of such the matters.
    Section 2. That § 16-6-31 be amended to read:
    16-6-31. A judge of a circuit court who attains the age of eighty is automatically retired on the first Tuesday after the first Monday of January next after the following the next general election at which members of the Legislature are elected immediately following the attainment

of age seventy of such judge. Such. A judge who is automatically retired under this section shall conclude all matters pending before him the judge, unless the Supreme Court makes other provisions for the disposition of such the matters.
    Section 3. That § 3-12-93 be amended to read:
    3-12-93. Any justice of the Supreme Court or judge of the circuit court of this state who is automatically retired pursuant to the provisions of in accordance with § 16-1-4.1 or 16-6-31, or who, having reached age seventy, retired prior to January 7, 1975, and who reaches age eighty and has not fully qualified for retirement benefits as provided by in accordance with this chapter, shall nevertheless receive retirement benefits in the proportion that his the justice's or judge's total time served bears to fifteen years, or if he has served. A justice or judge who serves in excess of fifteen years then shall receive full benefits under this chapter.

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