Section 12-18-10 Retirement and Disability Benefits of Justices of Supreme Court, Judges of Courts of Appeals, and Judges of Circuit Courts; Interim Active Duty Status; Removal from Active Duty.

(a) The retirement benefit payable to a justice of the Supreme Court or judge of one of the courts of appeals retiring pursuant to Section 12-18-6(a)(2), (3), (4), or (5) shall be 75 percent of the salary prescribed by law for the position from which he or she retires, payable monthly for the rest of his or her life. The benefit shall continue to be 75 percent of his or her salary prescribed by law for the position and shall change in amount as the salary is increased or decreased by law and may not be subject to writs of attachment or garnishment. (b) The retirement benefit payable to a judge of a circuit court retiring pursuant to Section 12-18-6(b)(2), (3), (4), or (5) shall be 75 percent of the salary prescribed by law of the salary payable from the State Treasury to circuit judges. The retirement benefits shall be payable monthly for the life of the beneficiary and shall continue to be 75 percent of the salary then prescribed by law for the respective position and shall change in amount as the salary is increased or decreased by law and may not be subject to writs of attachment or garnishment. (c) After the death of any justice or judge who held office for a minimum of five years, his or her spouse shall receive a yearly benefit equivalent to three percent of the salary payable from the State Treasury prescribed by law for his or her former position as either a justice or judge, for each year of service, not to exceed 30 percent of the salary, payable monthly for the remainder of the spouse’s life or until his or her remarriage, and the benefit shall change in amount as the salary is increased or decreased by law. (d) Any justice or judge retiring pursuant to Section 12-18-6(a)(1) or (b)(1) who has served for 10 years shall be entitled to a disability benefit allowance payable monthly from the Judicial Retirement Fund equal to 75 percent of the salary payable from the State Treasury for the position held at the time he or she retires. If the disabled justice or judge has served less than 10 years, he or she shall be entitled to receive a monthly disability benefit that is equal to 25 percent of the salary payable from the State Treasury for the position held at the time he or she retires plus 10 percent of the salary for each year of service in excess of five years; provided, however, that in no event shall a justice or judge receive less than 30 percent of the annual salary being paid to a full-time justice or judge from the State Treasury. (e)(1) Any justice of the Supreme Court or judge of a court of appeals who has retired pursuant to this article or Article 7, on the request of the Chief Justice, the presiding judge of a court of appeals, or the Governor, may be called to interim active duty status, upon consent of the retired justice or judge. Any circuit judge who has retired pursuant to this article or Article 7, on the request of the presiding circuit judge of the applicable judicial circuit and with the approval of the Chief Justice, may be called to interim active duty status, upon consent of the retired judge. When serving with the Supreme Court or courts of appeals, he or she shall perform the duties as may be prescribed by the Chief Justice or the presiding judge of the court of appeals. When serving in a circuit court, he or she shall perform the duties as may be prescribed by the presiding judge in the circuit. (2) A retired justice, judge of a court of appeals, or judge of a circuit court who is called to interim active duty status, in addition to his or her retirement benefits, shall receive additional compensation during the term of service in an amount of seven hundred eighty dollars ($780) per day, subject to state funding, including funds within the discretion of the presiding circuit judge of the judicial circuit. A judge may only be called to interim active duty status for a maximum of 50 days in a calendar year. (3) A retired justice or judge who is called to active duty status pursuant to this section shall receive the same per diem expenses and mileage as state employees paid from funds appropriated to the Unified Judicial System. Additionally, he or she shall be assigned any court and court-supportive personnel necessary to perform his or her duties. (4) A retired justice or judge who is called to active duty status pursuant to this section shall complete a minimum of six hours of approved continuing legal education annually. (5) A retired justice or judge who is called to active duty status pursuant to this section shall not be a public official under Chapter 25 of Title 36 by virtue of his or her service under this section. (f)(1) Whether a retired justice or judge is satisfactorily performing the assigned duties shall be determined by the following: a. If the assignment is to the Supreme Court, by the Chief Justice, with the advice of the Supreme Court. b. If the assignment is to a court of appeals, by the presiding judge of the applicable court of appeals, with the advice of the court over which he or she presides. c. If the assignment is to the circuit court, by the Chief Justice and the presiding circuit judge of the applicable judicial circuit. (2) Upon determination that the retired justice or judge is not satisfactorily performing the duties, the retired justice or judge shall immediately be removed from interim active duty status, and the additional interim active duty status compensation shall be stopped. (g) Except as provided in subdivision (e)(1) or subsection (f), a retired justice or judge shall hold office as an additional or extra judge during good behavior and may be removed only for causes specified in the constitution. Any retired justices or judges may be transferred to inactive status, upon request for the transfer. Justices or judges who revert to inactive status shall be entitled to the same retirement benefits prescribed in subsections (a) and (b) for justices and judges who have retired. (h) Nothing in this section shall limit the power and authority of the Chief Justice to transfer a retired justice or judge from inactive status to active status or from active status to inactive status as the public interest in his or her judgment requires. (i) The Administrative Office of Courts shall adopt policies and procedures for nominations to the Chief Justice and duties assigned to interim active duty status justices and judges.