During the Spring of 2008, the NCSC collected information from 37 states and the District of Columbia regarding judicial retirement plans. The following questions were asked:
The information collected is presented in the accompanying table. There is considerable variation in the responses to the survey questions. The mandatory retirement age ranged from "non" to 90 years of age. Most states, however, had a mandatory retirement age in the 70 to 75 year range.
The minimum retirement age varied widely, but was often reported in the 60 to 65 year range. Reduced retirement benefits are available in many states for those leaving the bench at a lower age. Minimum age was not the only eligibility factor; a minimum years of services requirement is also paired with various minimum age rules, to achieve retirement eligibility.
A large majority of the states require judges to contribute a percentage of their salaries to their retirement plan. The percentages ranged from 2% to 10%. Only five states did not require an employee contribution to the retirement plan. Although each state's retirement benefit formula is unique, common elements were found across all states and included such factors as years of service and final or average salary. Since some information reported by states was edited due to space limitations, readers may wish to contact Knowledge and Information Services at the NCSC for even more detailed information regarding retirement plans.
State
Mandatory Retirement Age |
What is the minimum age, length of service or additional requirements for normal retirement with benefits? |
Are participating Judges required to contribute to the Judicial Retirement Plan? If so, what is their required employee contribution %? |
What is the retirement benefit formula? |
Alabama
|
Plan 1: Assumed office prior to July 20, 1979 may retire if Judicial Service Plus Transfer Service (Years)/Attained An Age Not Less Than: 10/70, 12/65, 15/62, 16/61, 17/60, 18 or more/Any Age. Plan 2: Assumed office on or after July 30, 1979, may retire if he/she satisfies any of the following service/age criteria. Judicial Service Plus Transfer Service (Years)/Attained An Age Not Less Than: 10/70, 12/65, 15/62, 16/61, 17/60, 25 or more/Any Age. If 24 years of service at any age can purchase up to one additional year to obtain a total of 25 years creditable service. |
Yes. 6% of compensation. |
75% * Judicial Salary at Retirement * Years of Judicial Service ÷ Years Required at Retirement Age + 2.0125% x Average Final Salary of Transfer Service x Years of Transfer Service. Cannot exceed 75% of salary at retirement. |
Alaska
70 |
60 with five or more years of service. |
Yes. If appointed after 7/1/78 you are required to contribute 7% of base salary for 15 years. |
Monthly retirement = period of service * 5% * current base judicial salary of the position judge was last appointed. Maximum benefit is 75% of salary paid to a sitting judge. |
Arkansas
None. Retirement benefits forfeited if they serve past term when they turn 70. |
Plan 1: Any active member with a minimum of 10 years of service may retire at 65. Any other member who has a minimum of 20 years of service may retire regardless of age, and any judge who has served at least 14 years is eligible for benefits at 65. Must have a minimum of 8 years of actual services as a justice.
Plan 2: Minimum 20 years of service may retire regardless of age. At least eight (8) years of service may receive benefits at 65. |
Yes.
Plan 1: 6% of salary.
Plan 2: 5 % of salary. |
Plan 1: 60% of annual salary of last judicial office held; increased by 3% each year beyond retirement.
Plan 2: 3.2% of the final average salary * the number of years of actual service as a judge, not to exceed 80% of salary. That amount is increased 3% each year beyond retirement. |
California
None |
Plan 1: Judge elected or appointed prior to 11/9/94. Age at Retirement/Years of Service/Retirement Percentage: 60-70/20/75%, 66/18/65%, 67/16/65%, 68/14/65%, 69/12/65%, 70+/10/65%.
Plan 2: Judge elected or appointed after 11/9/94. 65 with at least 20 years of service or age 70 with at least 5 years of service. |
Yes. 8%. |
Plan 1: 3.75% of active judge’s pay for 12 or more years up to 20. Retirement cannot be paid prior to age 63 unless judge has 20 years of service. 65% based on age and years, for example Age 66/18 years/65%, 67/16/65%, 68/14/65%, 69/12/65%, 70+/10/65%.
Plan 2: 3.75% of final compensation for the 12 months preceding retirement. If minimum age and years of service not met, the judge will receive a lump sum composed of the 8% judge’s contribution, a 10% salary match by the state, and the earnings on the investment of the fund. |
Connecticut
70 |
Age 70; 65 + 10 years of judicial service or 20 years of judicial service or 30 years of state service. Reduced pension if age 65-69 +10 years of service. |
Yes. 5% of salary. |
Pension is 2/3 of final salary. |
Delaware
None |
Revised Plan: A member of the judiciary shall become eligible who has: Completed 12 years of service, and has attained the age of 62; or Completed 24 years of service, regardless of age.
Closed Plan: A member of the judiciary shall become eligible who has: Completed 12 years of service, and has attained the age of 65; or Completed 24 years of service, regardless of age. |
Revised Plan: For 24 years, 3% of annual compensation in excess of $6,000 up to the Social Security wage base and 5% of total compensation in excess of the Social Security wage base.
Closed Plan: must contribute $500 each year for the first 25 years of service. |
Revised Plan: 1/24 of final average annual compensation * years of service as a judge up to 12 years + 1/48 of final average compensation * years of service as a judge from 13 to 24 years. Maximum pension is 75%, minimum is 50% - of average annual compensation.
Closed Plan: Average Annual Compensation (highest 3 consecutive years) * 3% * years of service. Maximum pension is 75%, minimum is 50% - of average annual compensation. |
District of Columbia
74 |
Eligible after 10 years of judicial service, whether continuous or not, or upon mandatory retirement at age 74. The retirement salary will commence (1) with 20+ years of judicial service, at age 50, (2) with less than 20 years of judicial service, at age 60, unless the judge elects to receive a reduced salary beginning at age 55. |
Yes. 3.5% of salary. |
The retirement salary is the judge's basic salary immediately prior to retirement * years of service ÷ 30 years. Cannot exceed 80% of prior salary. Early retirement reduction 1/12 of 1% for each month the judge is under 60. |
Florida
70 |
62 with 6 years of service or any age with 30 years of service. |
No. |
Years of Creditable Service * 3.333% * Average Final Compensation (average of 5 highest years of compensation). |
Georgia
None. Retirement benefits forfeited if they serve more than 24 years. |
60. |
Yes. 7.5% of their salary. |
Vested in 10 years but credible service of 16 years or more receives 66.66% plus 1% for each year over 16 years. |
Hawaii
70 |
Any age with 10 years of credited service; if hired after 6/30/99 then age 55 with 5 years of credited service, or 25 years of credited service with an age reduction if less than age 55. Benefits are reduced 5% for each year below age 55, 4% for each year below 50, and 3% for each year below 45, and 2% for each year thereafter. |
Yes. 7.8% of salary. |
3.5% * Average Final Compensation for each year of service + an annuity based on the retirement contribution made while employed as a judge. Maximum benefit is 75% of Average Final Compensation (greater of average of 5 highest paid years of service including vacation pay or average of three highest paid years excluding vacation pay). |
Idaho
None |
(a) 65 with a minimum service of 4 years;
(b) 60 with a minimum service of 10 years;
(c) 55 with a minimum service of 15 years;
(d) Any age after 20 years of service. |
Yes. 6% of compensation for 20 years. |
Current annual compensation of the highest office served * (5% * number of years served for the first 10 years of service + 2.5% * the remaining number of years served). Shall not exceed 75% of the current annual compensation of the highest office served. |
Illinois
|
60 with 20 years |
Contribute 11% of gross pay until the age of 60 if 20 years of service; if do not retire, contribution reduces to 11% of COLA. |
The maximum benefit at age 60 with 20 years service is 85% of the last years salary. The amount is less if you have less than 20 years at age 60. There is a an annual 3% COLA on the pension benefit. |
Indiana
75 |
65 with a minimum service of 8 years;
62-65 with a minimum service of 8 years (reduced benefits);
55 if age plus years of service is at least 85. |
1977 and 1985 Judges' Retirement System: 6% of salary for a maximum of 22 years. |
1977 Retirement System: Those who began service prior to 09/01/1985: Benefit = current salary of office * % based on years of serve. T1985 Retirement System: Those who began service after 8/31/1985: Benefits = applicable salary at time of separation * % based on years of serve. Applicable salary prior to 07/01/2010 is the salary being paid to the individual at the time of separation from service. After 06/30/2010 the applicable salary is the salary being paid to the individual at the time of separation from service. Years of Service/Percentage as follows: 8/24%, 9/27%, 10/30%, 11/33%, 12/50%, 13/51%, 14/52%, 15/53%, 16/54%, 17/55%, 18/56%, 19/57%, 20/58%, 21/59%, 22 or more/60%. IC 33-38-8-14(e)(2) . IC 33-38-7-11. |
Iowa
72 |
65 with a minimum service of 4 years;
50 with 20 consecutive years of service. |
4% of base salary but paid by the state. Escalates to 7.7% (2008); 8.7% (2009); 9.35% (2010). |
Final average salary (average of 3 highest years) * 3.5 * years of service (20 years max). |
Kansas
75. Justices of the Supreme Court may finish term in which they turn 70. |
65; 62 with 10 years of service; when age plus years of service equal 85. |
Yes. 6% of gross compensation. Contribution is reduced to 2% upon reaching maximum benefit of 70% of final average salary (20 years). |
Final average salary (average of 3 highest years) * 3.5 * years of service (20 years max). |
Kentucky
None |
Full benefit: 65+ or 27 years of total state service. Age requirement reduced by 1 year, but no more than 5 years total, for each 5 years of service credit.
Reduced benefit: Less than 65 or with less than 27 years of state service may choose reduced benefits. Benefit reduced 5% per year for the lesser of the number of years between (a) the retiree’s normal retirement age and the retiree’s actual age at the time benefits commence, or (b) 27 years of service and the retiree’s years of total governmental service. |
Yes. 5% of salary. |
2.75% * final compensation * number of years of service credit. Cannot exceed 100% of final compensation. Final compensation is the average monthly compensation for 60 months immediately preceding retirement. |
Louisiana
70 (may complete term in which they turn 70) |
Any age if 18 years service; 50 with 20 years service, at least 12 as a judge or court officer; 55 with 12 years service as a judge or court officer; 65 with 10 years service as a judge or court officer; 70 with any number of years service as a judge. |
Yes. 11.5% of salary . |
Years of creditable service * accrual rate * average compensation. The accrual rate is 2.5% + 1% for the number of years of service as a judge or court officer. Average compensation is the average annual earned compensation you received for highest three years of service. |
Maryland
70 |
60+ |
6% of compensation for 16 years. |
Monthly Basic Allowance = ( (2/3 * Salary of Active Judge * Years of Service up to 16 ÷16) ÷ 12 ). |
Massachusetts
70 |
70 with 10 years of judicial service; or 65 with 15 years of service. Reduced benefits available at 55 with 10 years of judicial service. |
Yes. 7-10% of salary. |
3/4 of final salary. |
Minnesota
70 |
65 with 5 years of service. Reduced benefits at age 60 with 5 years of service. |
Yes. 8%. |
Retirement benefit is a percentage of a judge’s highest five year's of salary. The percentage is based on the judge’s years of service and a formula of 3.2% per year for every year of service up to a maximum of 76.8%. |
Missouri
70 |
55 with 20 years of service.
60 with 15 years of service.
62 with 12 years of service. |
No. |
Monthly salary for the highest court held * 50%. |
Montana
None |
60 with 5 years of service. |
Yes. 7% of salary. |
Pension = Number of years of service * 3.33% * final salary at the time of retirement. |
Nebraska
None |
65 |
Yes. With less than 20 years of service - 8% of compensation. With 20 or more years of service - 4% of compensation. |
Years of Credible Services * Final Average Compensation * Formula Factor (Currently 3.5%) + Monthly Benefit. |
New Hampshire
70 |
60 with 15 years of service. |
Yes. 10% |
At age 65 with 10 years service: 75% of the final year's salary. At age 70 with 7 years service: 45%, with an additional 10% for each additional year of service over 7. At age 60 with 15 years service: 70%, with an additional 1% for each year of service over 15. Cannot exceed 75% of the final year's salary. |
New Mexico
None |
64 with 5 years of service, 60 with 15 years of service, or at any age with 24 or more years of service. |
Yes. 6.5% of salary. |
Annual pension is 37.5% * final average salary + 3.75% * final average salary for each year of service in excess of 5. Maximum of 75% of final average salary with 15 or more years of service. |
North Carolina
72 |
65 with 5 years of service, or Age 50 with 24 years of service. Reduced Benefits at 50 with 5 years of service. |
Yes. 6% of gross monthly salary. |
District Court Judges: 3.02% of Final Compensation * Years of Service.
Superior Court Judges: 3.52% of Final Compensation * Years of Service.
Supreme Court Judges: 4.02% of Final Compensation * Years of Service. |
Ohio
70 |
55 with 25 years of service, 60 with 5 years of service, any age with 30 years of service. Reduced benefits available at 55 if do not have 30 years of service. |
Yes. 10%. |
Pension is a percentage of the Final Average Salary (FAS). FAS is an average of the highest 3 years of earnable salary. |
Oklahoma
None |
65 with 8 years of service, 60 with 10 years of service, or whose sum of years of service and age equal or exceeds 80, after completing 8 years of service. |
Yes. 8% of salary. |
Monthly payment = 4% of average monthly salary received based on the highest 3 years of active service * total years of service and reduced according to the elected survivor option, if any. |
Pennsylvania
70 |
60 with 3 years of state retirement credit; any age with 35 years of state retirement credit. To receive full state paid retiree health benefits, a judge must retire from judiciary service with at least 10 years of state retirement credit, regardless of age. |
Yes. 5% of gross salary. Most judges opt a different class of service (class E-1) that allows them to contribute 10% of their gross earnings during the first 10 years of judiciary service and 7.5% of their gross earnings for subsequent years. All contributions earn statutory interest of 4% annually. Judges may also join the optional SSI plan that allows an additional contribution of 5% of gross earnings to their SERS account when their earnings reach the Social Security Wage Base each year. |
Class A Judge: Maximum Annual Pension = Years of Service * Final Avg Salary * 2%.
Class E-1 Judge: Maximum Annual Pension = First 10 yrs of Judiciary Service * Final Avg Salary * 4% + All Subsequent Years Judiciary Service * Final Avg Salary * 3%.
A judge enrolled in the SSI plan also receives a supplemental annual pension equal to: 2% * Total Non-Covered Earnings for all Years in Plan
Final Avg Salary = Avg of 3 highest years. Benefits are reduced if not at “normal retirement” age. |
Rhode Island
70 |
Retires with full salary if: At least 65 years old with 20 years on the bench; or at age 70 with 15 or more years on the bench.
Retires with three-fourths salary if: At any age with 20 years on the bench; at least 65 years but not 70 years with 10 to 19 years on the bench; or at age 70 with 10 to 14 years on the bench. |
Yes. If sworn in after 1/1/90, 8.75% of salary. If sworn in prior to 1/1/90, they do not contribute. |
75% or 100% of present salary (for judges sworn in before 7/1/97) or average of 3 highest consecutive years (for judges sworn in after 7/2/97). |
South Dakota
70 |
For early retirement benefits at age 55 with minimum of 3 years of service (reduced monthly payments if payments begin immediately). Normal retirement benefits at age 65 with minimum of 3 years of service. Early retirement with full benefits using the Rule of 80 (age must be 45 + years of service to total 80). |
Yes. 9% of salary. |
First 15 years of credited service - enhanced benefit - 3.733% * Final Average Compensation * Credited service before July 1, 2008 + base benefit - 3.333% * Final Average Compensation * Credited service after July 1, 2008.
Years of credited service in excess of 15: enhanced benefit - 2.4% * Final Average Compensation * Credited service before July 1, 2008 in excess of 15 years + base benefit 2.0% * Base benefit * Credited service after July 1, 2008 in excess of 15 years. |
Texas
75 |
Elgible to receive an unreduced Service Retirement Annuity in four ways:
1) 65 with 10 years service and currently holding a judicial office;
2) 65 with 12 years service, whether or not you currently hold a judicial office;
3) any age with 20 years service, regardless of whether you hold a judicial office;
4) served at least 12 years on an appellate court and meet the Rule of 70, regardless of whether or not you currently hold a judicial office.
Eligible to receive a reduced benefit at:
1) 60 with 10 years of service, currently holding a judicial office
2) 60 with 12 years of service, whether or not you currently hold a judicial office. |
Yes. 6%. |
50% of salary currently being paid to a judge of the same classification as the court last served. Increased by 10% if not out of office for more than 1 year at retirement or if you have accepted an assignment as a visiting judge within 1 year prior to date of retirement.
If you have 20 years of service or reach Rule of 70 with 12 years on an appellate court: 50% of the state salary plus 2.3% for each subsequent year, not to exceed 90%. |
Utah
75 |
70 with 6 years of service. 62 with 10 years of service. 55 with 20 years of service with full actuarial reduction. Any age with 25 years of service. |
No. |
1. Total two highest years of salary
2. Divide line 1 by 24 which is final average monthly salary
3. Multiply years of service:
a. Up to 10 years by 5.0%
b. Between 10 and 20 years by 2.25%
c. Over 20 years by 1.0%
4. Add lines a, b, and c.
5. Multiply line 2 by line 4 for Total $
6. Adjusted Amount after any early retirement reduction (max. of 75% of final average salary). |
Vermont
90 |
62 with 5 years of service. |
Yes. 5% of salary. |
Less than 12 years of service: years of service * .0167 * salary at retirement. For 12+ years of service, use .0333. Limited to 100% of salary (except for Probate judges with 12+ years of service). |
Virginia
70 |
65 with unreduced benefits (normal retirement age) with at least 5 years of service.
60 with at least 30 years of service (Judicial Retirement System only).
Judicial service is weighted at 3.5 times for judges in service on or before 12/31/94; 2.5 times for judges who begin service thereafter. |
Yes. 5% of base compensation. This is paid by the Supreme Court on behalf of its employees, though it is still called the “employee contribution.” |
1. Add your 36 consecutive months of highest salary.
2. Divide by 3 to get Average Final Compensation (AFC).
3. Multiply the result of Step 2 by .017.
4. Multiply the result of Step 3 by total years of service. This is annual benefit amount.
5. Divide the result of Step 4 by 12 to get monthly benefit amount.
Judicial Retirement System benefits capped at 78% of AFC. |
Washington
End of calendar year in which a judge reaches age 75. |
Plan 1: Any age with 30+ years of service. 55 with 25+ years of service. 65 with 5 years of service.
Plan 2: 65 with 5 years of service. 55 with 20+ years of service with actuarial reduction for each year under 65.
Plan 3: 65 with 10 year service; 65 with 5 years service if 12 service credit months earned after age 54; 55 with 10 years of service with actuarial reduction for each year under age 65.
Note: Judges have a choice on whether to join state’s retirement system. The plan is determined by any past employment/membership and if a new employee, they are placed in Plan 2, effective 1/1/07. |
Yes. Plan 1: 9.76% of salary. Plan 2: 7.88% of salary. Plan 3: minimum of 7.5% up to 15% of salary. |
Plans 1 and 2: Monthly Retirement Benefit = Months of service * 3.5% * average final compensation (capped at 75% of AFC).
Plan 3: Monthly Retirement Benefit: Months of service * 1.6 percent * average final compensation (capped at 37.5% of AFC). |
West Virginia
None |
65 with at least 16 years of credited service of which at least 12 is as a sitting judge or justice; Any age with 24 years of credited service, of which at least 12 as a sitting judge or justice; Any judge or justice who serves at least 8 full years after attaining age 65; provided, that every individual who is appointed or elected for the first time as a judge or justice after July 1, 2005, must have served a minimum of 14 years as a sitting judge or justice. |
Active members contribute 10.5% of gross salary. |
75% of current salary of the office from which the member retires. Individuals appointed or elected for the first time after 7/1/05, receive 75% of final average salary. |
Wisconsin
None |
62. Reduced benefits available at age 55. |
No. |
Years of service * Final Average Earnings * 2.165%. Final Average Earnings (average of the 3 highest years of earnings). |
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