OCR Text |
Show TNI PAGE EIGHT DAILY llCOftt TUESDAY) OCTOBER 19, 1971 State of Utah Office of the Attorney General Where a Question: the district judge who had Judge's Retirement Act died after the effective date of the new Utah Judge's Retirement Act, which act should govern the computation of the allowance to his widow? Conclusion: As is act. customary in retirement was terminated by bilities now-repea- led The new the new act2. The she has any rights at all now as the widow of a deceased judge, they must arise under the new statute. To hold otherwise would deny her the right to any benefit or allowance, a result which is too harsh and oppressive to be considered as If isted. retired under legislation, the prior act records, assets, and lia- of the old system were transferred to the new system (see Sec. 5 of the new act). Subsection 4(1) of the new act specifically deals with the benefits to be paid to a judge who retired under the old act; it states that he "shall continue to receive or be entitled to receive an allowance to the same extent and in the same manner as though chapter 7 of Title 49 had not been repealed." His benefits are thus carried forward into the - having been within the contemplation of the legislature. Wherever possible, an interpretation of a statute which produces absurd, unreasonable, unjust, or oppressive results should be voided. Such an interpretation of the new judge's retirement act can be ayoided by looking at it as a whole and in light of the general purpose it was intended to serve. Applying the foregoing to the facts of the question put is our opinion" that the allowance to be paid to the widow of the district judge should be computed in accordance to us, it with the formula set forth in Section of the 27 new act. Respectfully submitted, act unchanged. The same subsection would govern the benefits payable to the widow of a retired judge where the widow was in that status at the time of the change-ov- er (see Sec. 4(2) of the new act) . Her benefits would thus be carried forward unchanged, new and the amount she would receive would continue to be computed under the old act. The new act, however, is silent as to the computation of benefits for the widow of a judge who was retired under the old act and who died after the effective date of the new act. Should her allowance be computed under the old act, as her husband's was, or does she come within the provisions of the new legislation? The significance of the question lies in the formula to be applied in computing the amount payable to her. If under the prior law, she receives an amount actuarially reduced to compensate for the difference between her age and that of her late husband; if under the new law she receives a straight 50 per cent of his retirement benefit, a higher figure. Ch. 87, Laws 2 KRBjet The new system simply nsibility to pay 50 Am. Sec. 524. Jur., Statutes, 4 The argument on the is that her right to receive anything at all is derivative; through her deceased husband, and should therefore be governed by the same law which controlled his allowance. He got no increase under the new act, so she should have no increase. Additionally, there is the concept of "membership" in the new system. The idea here is that a retir-a- nt isn't really transferred to the new system as a member. City and County of Denver v. Holmes, 400 P. 2d 901, 156 Colo. 586 (1965). 5Andms v. All red, 404 P. 2d 972, 17 U.2d 106 (1965) Conover v. Board of Education of Nebo School District, 175 P. 2d 209, 110 U. 454 (1946), reh. den. 186 P. 2d 588, 112 U. 219 administers the fund and assumes respo- him under the old system. is that the legislature saw fit to a exclude, by specific subsection, the retired judge from, bene fits computed under the new act. It did not do so with regard to the allowance to his widow, and therefore the legislature must have intended her to take under the provisions of the new act. And even though he was never active as a judge under the new system, he was a retired member under it and his widow's benefit should therefore be determined under it. Warranty Deeds opposite view our opinion that although the first-cite- d facts are significant, they are outweighed by the considerations on the other side. The retired judge's status with respect to re- It is tirement compensation was fixed at the change-ov- er date. He retired district judge under the old act and he was no different under the new. But her status has changed, from that of the wife of a retired judge to that of the widow of a deceased judge. This change occurred under the new act, and it seems appropriate and logical therefore that the provisions of the new act should govern her benefits. 536 F Mies Peterson etui to Mohan! K fagos etax Leo 97 Harold 59 Tattle Bamell 552 V district retired member a member judge of of this this system . . system? .". be set aside in a to Ralph Lopes etas I Spain otu to 57 M-B- ftd to Amy Coast B to D G ; 577 i mm Tasks? etax otu to Leo Jfcntoya etux Myrtle Dagsen to Leonard Goo Hall etux N Viatklns Rekhof f etux 561 Dome R Sjxlth staxto J lUndj Berrelli etax Don to Hell nut Butcher etux to Christens en etux H M 582 Ray Barton etux 555 Cannon Papaalkolas Const to Stephen L MbKom otux etux to Wellington McDonald etux 578 Karon Goo 553 Toorm to Le grand e Cook etux TIME SAVING ATTORNEYS Was RELY ON THE RECORD DAILY FOR ALL UTAH SUPREME COURT DECISION'S It is clear that system, receiving benefits under it. transfers all members of the prior system to membership status with the same service credit in the new system. Subsection 4(4) provides that all accumulated contributions of retirants shall he was a Morton H Lorangs etax A 573 Kenneth L Daries Leo Kontoya etux Damtt etax conflict, there is support for this interpretation within its language. Section 27 gives a death benefit to "a dependent spouse a etux to 571 Dora Clifford Russell etux Although some provisions of the new act are in implied after the death of iVTrtTtr 31 was a retired member of the prior The new act, in Section 6, Front page capsules Inside pages for the complete detail LEGAL NOTICES ATTORNEY GENERAL OPINIONS trust fund to be controlled under the provisions Section 7(23) defines retirant as a retired me- new act. who is receiving member as "any judge of the ROMNEY Attorney General et seq. 49-7- a-l one hand the retired B. of Utah, 1957. Ch. 113, Laws of Utah, 1971; codified as Section Utah Code Annotated, 1953 (Supp.). The VERNON SUPREME COURT CALENDARS retirement benefits. Section 7(3) defines included in the membership of the retirement system provided in this act". Thus we come back to Section 6, which establishes the membership of the new system. Therefore, although his benefits are fixed by a separate subparagraph, he is, by the provisions of Section 6, a retired member of the new system. Under this reasoning, her benefits should therefore be computed under Section 27 of the new act. mber Three separate considerations reinforce First, the old act is terminated JURY LISTS JUDGMENTS SUITS "PULSE OF THE NATION" On Litigation, Decisions and Legal Happenings daily. It's All In The Daily Record The lawyers daily newtpapcr. You can have it mailed to you too. Mott Attorney do. Why not you? this result. provisions or administrative procedures under the old act not specifically carried forward into the new are likewise terminated. That being so, the only act which can have any control whatsoever over her allowance is the new act. Secondly, the new act states in Section 2 that it is to be liberally construed to provide maximum benefits and protections. Such a construction would seem to be appropriate in the case of this judge's widow. And thirdly, the wife of the retired judge, while he lived, had no vested right under the repealed Btatute. If she had no right under that statute prior to its repeal, she has no right under it now, since a repealed statute i considered as if it had never ex- and' any DISTRICT COURT CALENDAR m: ' Utwh Seerie Smmm Lew leek With Subtcripih CO IT NOW SUBSCRIPTION cr- - COUPO- N- SlataM MAI TO. THE DAILY RECORD, 1M7 See Meie, Salt Lake City, Utah 14115, Phone 417-06- JL |