Section 24-51-1105 - Retirees from the judicial division(1)(a) Retirees from the judicial division may return to temporary judicial duties pursuant to the provisions of section 5 (3) of article VI of the Colorado state constitution and section 13-4-104.5, C.R.S., while receiving service retirement benefits.(b) Notwithstanding the provisions of section 24-51-1101, upon written agreement with the chief justice of the Colorado supreme court, a member of the judicial division may perform, during retirement, assigned judicial duties without pay for ten, twenty, thirty, sixty, or ninety days each year and must receive a benefit increase equal to three and three-tenths percent, six and seven-tenths percent, ten percent, twenty percent, or thirty percent, respectively, of the current monthly salary of judges serving in the same position as that held by the retiree at the time of retirement. Such agreement shall be for a period of not more than three years. A retiree may enter into subsequent agreements. The aggregate of these agreements shall not exceed twelve years, except at the discretion of the Colorado supreme court.(2.5) A retiree from the judicial division, who has entered into an agreement pursuant to subsection (1) of this section, may take a leave of absence from temporary judicial duties to be performed under such agreement, with a cessation of the increase specified in subsection (1) of this section. Within thirty days prior to each anniversary date of retirement, and upon written request to and approval by the chief justice, a retiree, who has taken a leave of absence, may reenter into such agreement to perform assigned temporary judicial duties. Upon reentering into such agreement, the retirement benefit shall include the benefit increase specified in subsection (1) of this section.(3) If a written agreement is entered into pursuant to the provisions of this section, and notice is received from the chief justice of the refusal of the retiree to accept a temporary assignment without just cause, the retirement benefit shall be recalculated to reduce the benefit to the amount payable without the increase specified in subsection (1) of this section. The reduction shall be effective on the first day of the month following such refusal.(4) Increases in the retirement benefit pursuant to the provisions of this section shall be reimbursed to the judicial division trust fund by an annual appropriation by the general assembly to the judicial department for payment into the judicial division trust fund.(5) Nothing in this section shall be construed to require a retiree from the judicial division to enter into an agreement to perform temporary judicial duties.(6) Retirees from the judicial division include justices and judges who have retired from the supreme court, the court of appeals, district courts, county courts, probate courts, and juvenile courts.(7) Retirees from the judicial division who received a "does not meet performance standard" or "do not retain" recommendation in their last judicial performance evaluation before their retirement, either public or unpublished, are not eligible to enter into an agreement under subsection (1)(b) of this section to return to temporary judicial duties during retirement.(8) Retirees from the judicial division who receive a disciplinary disposition from the commission on judicial discipline of private admonishment, private reprimand, private censure, public reprimand, public censure, suspension, or removal are not eligible to enter into an agreement under subsection (1)(b) of this section to return to temporary judicial duties during retirement.(9) Retirees from the judicial division who, during or after their term in office, receive private or public discipline from the office of the presiding disciplinary judge are not eligible to enter into an agreement under subsection (1)(b) of this section to return to temporary judicial duties during retirement.Amended by 2021 Ch. 95, § 2, eff. 5/4/2021.L. 87: Entire article R&RE, p. 1074, § 1, effective July 1. L. 90: (1) amended and (6) added, p. 1249, § 10, effective April 5. L. 95: (1)(b) amended and (2.5) added, p. 448, § 1, effective May 16. L. 98: (4) amended, p. 459, § 1, effective August 5. L. 2005: (1)(b) amended, p. 376, § 1, effective April 22. This section is similar to former § 24-51-607 as it existed prior to 1987.
For the legislative declaration in HB 21-1136, see section 1 of chapter 95, Session Laws of Colorado 2021.