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Shorter Separation for Retired ADAs and APDs

IntroducedHouse

Re-ref Com On Appropriations2025-04-09

No floor votes recorded.

This bill allows retired Assistant District Attorneys (ADAs) and Assistant Public Defenders (APDs) with at least 5 years of service to return to work for the Judicial Branch after a 2-month waiting period instead of the standard 6-month separation required for other retirees. The bill requires the State Treasurer to obtain IRS approval to ensure the change does not jeopardize the Teachers' and State Employees' Retirement System.

  • Supporters argue this change helps address staffing shortages in the judicial system by making it easier for experienced ADAs and APDs to return to work.
  • Retired prosecutors and public defenders bring valuable experience and institutional knowledge that could improve the efficiency and effectiveness of the court system.
  • The shortened waiting period encourages these skilled professionals to continue serving without losing retirement benefits.
  • Opponents may worry about the tax-qualified status of the retirement system and whether this exception creates complications for federal retirement plan regulations.
  • There are also concerns about equity—extending this special privilege only to ADAs and APDs while other retirees must wait 6 months could be seen as preferential treatment.
  • Additionally, the bill requires $100,000 in state funds to obtain IRS approval, and there is uncertainty about whether the IRS will actually grant favorable approval.

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