1.1 	A bill for an act
1.2 	relating to judiciary; proposing an amendment to the Minnesota Constitution, 
1.3 	article VI, section 8, to require all vacancies in the office of judge to be elected; 
1.4 	excluding a judge's unfinished term of office from allowable service for 
1.5 	retirement; permitting judges to retire at the end of the term in which the judge 
1.6 	reaches the age of 70;amending Minnesota Statutes 2008, section 490.121, 
1.7 	subdivisions 4, 21d.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	ARTICLE 1
1.10 	VACANCY IN THE OFFICE OF JUDGE

1.11 	Section 1. CONSTITUTIONAL AMENDMENT PROPOSED.
 1.12 	An amendment to the Minnesota Constitution is proposed to the people. If the 
1.13 	amendment is adopted, article VI, section 8, will read:

1.14 	Sec. 8.  Whenever there is a vacancy in the office of judge the governor shall appoint 
1.15 	in the manner provided by law a qualified person to fill the vacancy office shall remain 
1.16 	vacant until a successor is elected and qualified. The successor shall be elected for a 
1.17 	six year term at the next first general election occurring more than one year after the 
1.18 	appointment after the office of judge becomes vacant.

1.19 	Sec. 2. SUBMISSION TO VOTERS.
 1.20 	The proposed amendment must be submitted to the people at the 2010 general 
1.21 	election. The question submitted must be:
2.1 	"Shall the Minnesota Constitution be amended to require a vacancy in the office of 
2.2 	judge to remain open until the voters can elect a judge to the vacant position for a new 
2.3 	term of office at the general election?

2.4		Yes 
........		
2.5		No ........"

2.6 	ARTICLE 2
2.7 	JUDGE RETIREMENT

2.8 	Section 1. Minnesota Statutes 2008, section 490.121, subdivision 4, is amended to read:
2.9 		Subd. 4.Allowable service. (a) "Allowable service" means any calendar month, 
2.10 	subject to the service credit limit in subdivision 22, served as a judge at any time, during 
2.11 	which the judge received compensation for that service from the state, municipality, 
2.12 	or county, whichever applies, and for which the judge made any required member 
2.13 	contribution. It also includes any month served as a referee in probate for all referees in 
2.14 	probate who were in office before January 1, 1974.
2.15 	(b) "Allowable service" also means a period of authorized leave of absence for 
2.16 	which the judge has made a payment in lieu of contributions, not in an amount in excess 
2.17 	of the service credit limit under subdivision 22. To obtain the service credit, the judge 
2.18 	shall pay an amount equal to the normal cost of the judges retirement plan on the date of 
2.19 	return from the leave of absence, as determined in the most recent actuarial report for the 
2.20 	plan filed with the Legislative Commission on Pensions and Retirement, multiplied by the 
2.21 	judge's average monthly salary rate during the authorized leave of absence and multiplied 
2.22 	by the number of months of the authorized leave of absence, plus annual compound 
2.23 	interest at the rate of 8.5 percent from the date of the termination of the leave to the date 
2.24 	on which payment is made. The payment must be made within one year of the date on 
2.25 	which the authorized leave of absence terminated. Service credit for an authorized leave 
2.26 	of absence is in addition to a uniformed service leave under section 490.1211.
2.27 	(c) "Allowable service" does not mean service as a retired judge.
2.28 	(d) Notwithstanding other law to the contrary, "allowable service" also does not 
2.29 	mean service for any part of a term of office during which a judge leaves office for any 
2.30 	reason before the expiration date of the full term of office. A judge may request the house 
2.31 	of representatives and senate committees having jurisdiction over judges retirement to 
2.32 	review the denial of allowable service for that particular judge under this paragraph.

2.33 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to judges 
2.34 	retiring on or after that date.

3.1 	Sec. 2. Minnesota Statutes 2008, section 490.121, subdivision 21d, is amended to read:
3.2 		Subd. 21d.Mandatory retirement date. "Mandatory retirement date" means the 
3.3 	last day of the month in expiration date of the full term of office during which a judge has 
3.4 	attained 70 years of age.

3.5 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to judges 
3.6 	retiring on or after that date.