Current through Register Vol. 35, No. 18, September 24, 2024
A. The
following procedure governs the process for retirement:
(1) The member shall request an application
for retirement from PERA. To ensure that the member may retire on the date the
member has chosen, the completed application should be returned to PERA, with
the required documents described in Subsection B below, at least 60 days prior
to the selected date of retirement. The completed application and all
supporting documentation must be filed with PERA no later than the close of
business on the last working day of the month prior to the selected date of
retirement.
(2) PERA shall furnish
the member an estimate of retirement pension payable within a reasonable time
of receipt of the properly completed application and required
documents.
(3) When the application
is filed, PERA shall furnish the member's last judicial agency with an
employer's certification of earnings form to be completed and returned to PERA.
The final calculation of pension cannot be processed until PERA receives the
properly completed employer's certification form.
(4) PERA will furnish the member a final
calculation of retirement pension based on the information provided by the
judicial agency.
(5) The completed
application form must either include or be accompanied by a signed notarized
statement of consent by the member's spouse to the survivor beneficiary elected
by the member or an affidavit that the member is not married. An affidavit
naming all former spouses must also accompany the final application
form.
(6) Retirement will be
effective on the first day of the month following:
a) the filing with PERA of the completed,
signed application with all required documentation;
b) the member's qualifying for retirement
based on service credit and age; and
c) the member's leaving office. An
application will be deemed to be "filed" when received by PERA as evidenced by
a writing on the application indicating the date of receipt by PERA.
(7) The retirement of the member
shall be submitted to the board for ratification at the next regular meeting
following the effective date of retirement.
B. Documentation: The retiring member shall
furnish the following documents to PERA:
(1)
Proof of age of the member and any designated beneficiary or beneficiaries or
the proof of age for a beneficiary to a supplemental needs trust. Acceptable
documents are a birth certificate, a baptismal certificate, or religious record
of birth established before age 5 years, or any two of the following documents
showing the date of birth of the member or designated beneficiary or
beneficiaries:
(a) copy of a life insurance
policy;
(b) certified copy of voter
registration issued over ten years prior;
(c) tribal census record;
(d) childhood immunization record made prior
to age 18 years;
(e) military
record;
(f) birth certificate of
child showing age of parent;
(g)
physician's or midwife's record of birth;
(h) passport;
(i) immigration record;
(j) naturalization record.
(2) A copy of a marriage
certificate or other proof of marital status acceptable in a court of law for
any designated survivor beneficiary to be identified as a spouse.
(3) For any designated beneficiary to be
identified as a supplemental needs trust, a copy of the documents related to
the formation of the trust and an affidavit from the trustee that the trust is
formed as a supplemental needs trust as authorized by the federal Social
Security Act. Additional information may be required by the association to
ascertain the purpose and function of the trust to ensure compliance with the
Magistrate Retirement Act.
(4)
Complete endorsed copies of all court documents the association deems necessary
to ascertain the current marital status of the member and whether any ex-spouse
of the member is entitled to any portion of the member's benefits. Such
documents shall include the final decrees and marital property settlements for
all marriages during the member's employment as a magistrate. If the member's
only divorce was prior to becoming a member, then the final decree is required,
but no marital property settlement is required. If the member was divorced more
than once prior to becoming a member, then only the most recent final decree is
required.
(5) Any member with an
effective retirement date on or after January 1, 2014 shall provide
authorization to the association for the electronic transfer of pension
payments to the retiree's banking institution. Such authorization shall be
executed, in writing, in the form prescribed by the association.
C. No adjustments to the pension
based on failure to claim free service credit may be made after the first
pension payment.
D. In addition to
any other vesting provided by state law, a magistrate's normal retirement
benefit is non-forfeitable when the magistrate reaches normal retirement age,
which is age 65, with five or more years of credited service, whichever is
later for an individual who was a member on June 30, 2014 and age 65 with eight
or more years of credited service, whichever is later for an individual who
initially became a member on or after July 1, 2014. A magistrate is also vested
in his or her accrued benefits when the magistrate reaches such lesser age and
specified years of credited service as provided under the plan. If there is a
termination of the magistrate retirement system, or if employer contributions
to the magistrate retirement plan are completely discontinued, the rights of
each affected member to the benefits accrued at the date of termination or
discontinuance, to the extent then funded, are non-forfeitable.
