Changes to Existing Law

A justice of the Supreme Court who attains the age of eighty is automatically5 retired on the first Tuesday after the first Monday of January next after the following the next general election at which members of the Legislature are elected immediately following the attainment of age seventy of such justice. Such. A justice who is automatically retired under this section shall conclude all matters that are pending before him the justice, unless the Supreme9 Court makes other provisions for the disposition of such the matters.

A judge of a circuit court who attains the age of eighty is automatically retired on12 the first Tuesday after the first Monday of January next after the following the next general13 election at which members of the Legislature are elected immediately following the attainment 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -HB 1138 of age seventy of such judge. Such. A judge who is automatically retired under this section shall1 conclude all matters pending before him the judge, unless the Supreme Court makes other2 provisions for the disposition of such the matters.

Any justice of the Supreme Court or judge of the circuit court of this state who is5 automatically retired pursuant to the provisions of in accordance with § 16-1-4.1 or 16-6-31, or6 who, having reached age seventy, retired prior to January 7, 1975, and who reaches age eighty and has not fully qualified for retirement benefits as provided by in accordance with this chapter, shall nevertheless receive retirement benefits in the proportion that his the justice's or judge's total time served bears to fifteen years, or if he has served. A justice or judge who serves in10 excess of fifteen years then shall receive full benefits under this chapter.11