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Shorter Separation for Retired ADAs and APDs
Primary Sponsor
Diane WheatleyRepublicanLast Action
Re-ref Com On Appropriations2025-04-09
Vote Breakdown
No floor votes recorded.
Plain Language Summary
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.
Arguments in Favor
- •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.
Arguments Against
- •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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