A BILL to amend and reenact section three, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section ten-a, article one, chapter fifty-one of said code; to amend and reenact section thirteen, article two of said chapter; to amend and reenact section six, article two-a of said chapter; and to amend and reenact sections six, six-a and six-b, article nine of said chapter, all relating generally to the court system; increasing the salaries of justices of the supreme court, judges of circuit courts; family court judges, secretary clerks of family court judges and magistrates; providing that judges' retirement benefits do not change when the salary of judges change during their retirement; and providing for nullifying certain salary increases under certain conditions.

Be it enacted by the Legislature of West Virginia:
That section three, article one, chapter fifty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section ten-a, article one, chapter fifty-one of said code be amended and reenacted; that section thirteen, article two of said chapter be amended and reenacted; that section six, article two-a of said chapter be amended and reenacted; and that sections six, six-a and six-b, article nine of said chapter be amended and reenacted, all to read as follows:

CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 1. COURTS AND OFFICERS.
§50-1-3. Salaries of magistrates.
(a) The Legislature finds and declares that:
(1) The West Virginia supreme court of appeals has held that a salary system for magistrates which is based upon the population that each magistrate serves does not violate the equal protection clause of the constitution of the United States;
(2) The West Virginia supreme court of appeals has held that a salary system for magistrates which is based upon the population that each magistrate serves does not violate section thirty-nine, article VI of the constitution of West Virginia;
(3) The utilization of a two-tiered salary schedule for magistrates is an equitable and rational manner by which magistrates should be compensated for work performed;
(4) Organizing the two tiers of the salary schedule into one tier for magistrates serving less than eight thousand five hundred in population and the second tier for magistrates serving eight thousand five hundred or more in population is rational and equitable given current statistical information relating to population and caseload; and
(5) That all magistrates who fall under the same tier should be compensated equally; and
(6) That it is in the intent of the legislature to move toward equalization of magistrate salaries with the salaries of circuit court clerks and county clerks.
(b) The salary of each magistrate shall be paid by the state. Magistrates who serve fewer than eight thousand five hundred in population shall be paid annual salaries of thirty thousand six hundred twenty-five dollars and magistrates who serve eight thousand five hundred or more in population shall be paid annual salaries of thirty-seven thousand dollars: Provided, That on and after the first day of July, two thousand three, magistrates who serve fewer than eight thousand five hundred in population shall be paid annual salaries of thirty-three thirty-eight thousand six hundred twenty-five dollars and magistrates who serve eight thousand five hundred or more in population shall be paid annual salaries of forty-five thousand dollars.
(c) For the purpose of determining the population served by each magistrate, the number of magistrates authorized for each county shall be divided into the population of each county. For the purpose of this article, the population of each county is the population as determined by the last preceding decennial census taken under the authority of the United States government.

ARTICLE 1. SUPREME COURT OF APPEALS.

§51-1-10a. Salary of justices.
The salary of each of the justices of the supreme court of appeals shall be seventy-two thousand dollars per year: Provided, That beginning the first day of January, one thousand nine hundred ninety-five, the salary of each of the justices of the supreme court shall be eighty-five thousand dollars per year: Provided, however, That beginning the first day of July, one thousand nine hundred ninety-nine, the salary of each of the justices of the supreme court shall be ninety-five thousand dollars per year: Provided further, That beginning the first day of July, two thousand three, the salary of each of the justices of the supreme court shall be one hundred twelve thousand five hundred dollars per year.
ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.
§51-2-13. Salaries of judges of circuit courts.
The salaries of the judges of the various circuit courts shall be paid solely out of the state treasury. No county, county commission, board of commissioners or other political subdivision shall supplement or add to such salaries.
The annual salary of all circuit judges shall be sixty-five thousand dollars per year: Provided, That beginning the first day of January, one thousand nine hundred ninety-five, the annual salary of all circuit judges shall be eighty thousand dollars per year: Provided, however, That beginning the first day of July, one thousand nine hundred ninety-nine, the annual salary of all circuit judges shall be ninety thousand dollars per year: Provided further, That beginning the first day of July, two thousand three, the annual salary of all circuit judges shall be one hundred five thousand dollars per year.

ARTICLE 2A. FAMILY COURTS.

§51-2A-6. Compensation and expenses of family court judges and their staffs.

(a) Until the thirty-first day of December, two thousand two, a family court judge is entitled to receive as compensation for his or her services an annual salary of sixty thousand dollars. Beginning the first day of January, two thousand three, a family court judge is entitled to receive as compensation for his or her services an annual salary of sixty-two thousand five hundred dollars: Provided, That effective the first day of July, two thousand three, the salary of a family court judge shall be sixty- eight thousand dollars.
(b) The secretary-clerk of the family court judge is appointed by the family court judge and serves at his or her will and pleasure. The secretary-clerk of the family court judge is entitled to receive an annual salary of twenty-five twenty-seven thousand three hundred thirty-two dollars. In addition, any person employed as a secretary-clerk to a family law master on the effective date of the enactment of this section during the sixth extraordinary session of the Legislature in the year two thousand one who is receiving an additional five hundred dollars per year up to ten years of a certain period of prior employment under the provisions of the prior enactment of section eight of this article during the second extraordinary session of the Legislature in the year one thousand nine hundred ninety-nine shall continue to receive such additional amount. Further, the secretary-clerk will receive such percentage or proportional salary increases as may be provided for by general law for other public employees and is entitled to receive the annual incremental salary increase as provided for in article five, chapter five of this code.
(c) The family court judge may employ not more than one family case coordinator who serves at his or her will and pleasure. The annual salary of the family case coordinator of the family court judge shall be established by the administrative director of the supreme court of appeals, but may not exceed thirty-six thousand sixty dollars. The family case coordinator will receive such percentage or proportional salary increases as may be provided for by general law for other public employees and is entitled to receive the annual incremental salary increase as provided for in article five, chapter five of this code.
(d) The sheriff or his or her designated deputy shall serve as a bailiff for a family court judge. The sheriff of each county shall serve or designate persons to serve so as to assure that a bailiff is available when a family court judge determines the same is necessary for the orderly and efficient conduct of the business of the family court.
(e) Disbursement of salaries for family court judges and members of their staffs are made by or pursuant to the order of the director of the administrative office of the supreme court of appeals.
(f) Family court judges and members of their staffs are allowed their actual and necessary expenses incurred in the performance of their duties. The expenses and compensation will be determined and paid by the director of the administrative office of the supreme court of appeals under such guidelines as he or she may prescribe, as approved by the supreme court of appeals.
(g) Notwithstanding any other provision of law, family court judges are not eligible to participate in the retirement system for judges under the provisions of article nine of this chapter.

ARTICLE 9. RETIREMENT SYSTEM FOR JUDGES OF COURTS OF RECORD.

§51-9-6. Eligibility for and payment of benefits.
(a) Except as otherwise provided in sections five, twelve and thirteen of this article, and subject to the provisions of subsection (e) of this section, any person who is now serving, or who shall hereafter serve, as a judge of any court of record of this state and shall have served as such a judge for a period of not less than sixteen full years and shall have has reached the age of sixty-five years or who has served as judge of such court or of that court and other courts of record of the state for a period of sixteen full years or more (whether continuously or not and whether said service be the service is entirely before or after this article became effective, or partly before and partly after said that date, and whether or not said judge shall be the judge is in office on the date he or she shall become eligible to benefits hereunder) and shall have becomes eligible to benefits under this section) and has reached the age of sixty-five years, or who is now serving, or who shall hereafter serve hereafter serves, as a judge of any court of record of this state and shall have served as such judge for a period of not less than twenty-four full years, regardless of age, shall, upon a determination and certification of his or her eligibility as provided in section nine hereof of this article, be paid from the fund annual retirement benefits, so as long as he or she shall live lives, in an amount equal to seventy-five percent of the annual salary of the office from which he or she has retired based upon such salary of such the salary of the office and as such the salary may be changed from time to time during the period of his or her retirement and the amount of his or her retirement benefits shall be based upon and be equal to seventy-five percent of the highest annual salary of such the office for any one calendar year during the period of his or her retirement and shall be payable in monthly installments: Provided, That any retired judge or any judge who retires after the effective date of the amendments to this section, enacted by the Legislature at its regular session held in the year two thousand three shall not receive any increase or decrease in retirement benefits based on changes in the salary of the office during his or her retirement

: Provided, however, That such the retirement benefits shall be paid only after such the judge has resigned as such or, for any reason other than his or her impeachment, his or her service as such has ended: Provided however further, That every such person seeking to retire and to receive the annual retirement benefits provided by this subsection must have served a minimum of twelve years as a sitting judge of any such court of record.
(b) Notwithstanding any other provisions of this article, with the exception of sections twelve-a and twelve-b of this article, any person who is now serving or who shall hereafter serve hereafter serves as a judge of any court of record of this state and who shall have has accumulated sixteen years or more of credited service, at least twelve years of which is as a sitting judge of a court of record and who has attained the age of sixty-two years or more but less than the age of sixty-five years, may elect to retire from his or her office and to receive the pension to which he or she would otherwise be entitled to receive at age sixty-five, but with an actuarial reduction of pension benefit to be established as a reduced annuity receivable throughout retirement. The reduced percentage (less than seventy-five percent) actuarially computed, determined and established at time of retirement in respect of this reduced pension benefit shall also continue and be applicable to any subsequent new annual salary set for the office from which such the judge has retired and as such the salary may be changed, from time to time, during the period of his or her retirement: Provided, That any retired judge or any judge who retires after the effective date of the amendments to this section, enacted by the Legislature at its regular session held in the year two thousand three, shall not receive any increase or decrease in retirement benefits based on changes in the salary of the office during his or her retirement

.
(c) In determining eligibility for the benefits provided by this section, active full-time duty (including leaves and furloughs) in the armed forces of the United States shall be are eligible for qualification as credited military service for the purposes of this article by any judge with twelve or more years actual service as a sitting judge of a court of record, such the awardable military service to not exceed five years.
(d) If a judge of a court of record who is presently sitting as such on the effective date of the amendments to this section enacted by the Legislature at its regular session held in the year one thousand nine hundred eighty-seven and who has served for a period of not less than twelve full years and has made payments into the judges' retirement fund as provided in this article for each month during which he served as judge, following the effective date of this section, any portion of time which he or she had served as prosecuting attorney in any county in this state shall qualify qualifies as years of service, if such judge shall pay the judge pays those sums required to be paid pursuant to the provisions of section four of this article: Provided, That any term of office as prosecuting attorney, or part thereof, commencing after the thirty-first day of December, one thousand nine hundred eighty-eight, shall not hereafter in any way qualify as eligible years of service under this retirement system.
(e) Any retirement benefit accruing under the provisions of this section shall not be paid if otherwise barred under the provisions of article ten-a, chapter five of this code.
(f) Notwithstanding any other provisions of this article, forfeitures under the system shall not be applied to increase the benefits any member would otherwise receive under the system.

§51-9-6a. Eligibility benefits; service and retirement of judges over sixty-five years of age.

Any judge of a court of record of this state, who shall have served for a period of not less than eight full years after attaining the age of sixty-five years and who shall have made payments into the judges' retirement fund as provided in this article for each month during which he or she served as such a judge following the effective date of this section, shall be is subject to all the applicable terms and provisions of this article, not inconsistent with the provisions hereof of this section, and shall receive retirement benefits in an amount equal to seventy-five percent of the annual salary of the office from which he or she has retired based upon such the salary of such the office as such the salary may be changed, from time to time, during the period of his or her retirement and the amount of his or her retirement benefits shall be based upon and be equal to seventy-five percent of the highest annual salary of such the office for any one calendar year during the period of his or her retirement and shall be payable in monthly installments: Provided, That any retired judge or any judge who retires after the effective date of the amendments to this section, enacted by the Legislature at its regular session held in the year two thousand three, shall not receive any increase or decrease in retirement benefits based on changes in the salary of the office during his or her retirement

. If such judge shall become the judge becomes incapacitated to perform his or her said duties before the expiration of his or her said term and after serving for six years thereof, and upon the acceptance of his or her resignation as in this article provided, he or she shall be paid the annual retirement benefits as herein provided so provided in this section as long as he or she shall live lives. The provisions of this section shall prevail over any language to the contrary in this article contained, except those provisions of sections twelve-a and twelve-b of this article.

§51-9-6b. Annuities for surviving spouses and surviving dependent children of judges; automatic escalation and increase of annuity benefit; proration designation by judge permitted.

(a) There shall be paid, from the fund created or continued by section two of this article, or from such any funds as may be that are appropriated by the Legislature for such that purpose, an annuity to the surviving spouse of a judge, if such the judge at the time of his or her death is eligible for the retirement benefits provided by any of the provisions of this article or who has, at death, actually served five years or more as a sitting judge of any court of record of this state, exclusive of any other service credit to which such the judge may otherwise be entitled, and who dies either while in office or after resignation or retirement from office pursuant to the provisions of this article. Said The annuity shall amount to forty percent of the annual salary of the office which said the judge held at his or her death or from which he or she resigned or retired. In the event said the salary is increased or decreased while an annuitant is receiving the benefits hereunder under this section, his or her annuity shall amount to forty percent of the new salary: Provided, That any annuitant receiving benefits on or after the effective date of the amendments to this section, enacted by the Legislature at its regular session held in the year two thousand three, shall not receive any increase or decrease in his or her annuity based on changes in the salary of the office during the period of time he or she receives benefits

. The annuity granted hereunder under this section shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month for which the annuity shall have accrued. Such The annuity shall commence on the first day of the month in which said the judge dies and shall, subject to the provisions of subsection (b) of this section, terminate upon the death of the annuitant or shall terminate upon the remarriage of the annuitant.
(b) If there be is no surviving spouse at the time of death of a judge who dies after serving five years or more as a sitting judge of any court of record and such the judge leaves surviving him or her any dependent child or children, such the dependent child or children shall receive an amount equal to twenty percent of the annual salary of the office which said the judge held at the time of his or her death: Provided, That the total of all such annuities payable to each such child shall not exceed in the aggregate an amount equal to forty percent of such the salary. Such The annuity shall continue as to each such child until: (i) He or she attains the age of eighteen years; or (ii) attains the age of twenty-three years so as long as such the child remains a full- time student. The auditor shall by legislative rule establish the criteria for determining a person's status as a full-time student within the meaning and intent of this subsection. In the event there are surviving any such the judge three or more dependent children, then each such child's annuity shall be proratably reduced in order that the aggregate annuity received by all such the dependent children does not exceed forty percent of such the salary and the amount to be so received by any such child shall continue throughout the entire period during which each such child is eligible to receive such the annuity. The provisions of this subsection shall also apply to those circumstances and situations wherein in which a surviving spouse of a deceased judge shall die dies while receiving benefits pursuant to subsection (a) of this section and who shall leave leaves surviving dependent children of such the deceased judge who would be entitled to benefits under this subsection as if they had succeeded to such the annuity benefits upon the death of such the judge in the first instance. In the event the salary of judges is increased or decreased while an annuitant is receiving benefits pursuant to this subsection, the annuities payable shall be likewise increased or decreased proportionately to reflect such the change in salary. The annuities granted hereunder shall under this section accrue monthly and shall be are due and payable in monthly installments on the same day as surviving spouses' benefits are required to be paid. Such The annuities shall commence on the first day of the month in which any such dependent child becomes eligible for benefits hereunder under this section and shall terminate on the last day of the month during which such the eligibility ceases.