NRS
3.092 Retirement because of incapacity, disability or advanced age.
1. A district judge who has served as a
district judge, a judge of the Court of Appeals or a justice of the Supreme
Court in any one or more courts for a period or periods aggregating 5 years or
more and who becomes permanently incapacitated, physically or mentally, to
perform the duties of office may retire from office regardless of age.
2. Any district judge who retires pursuant
to the provisions of subsection 1 or who is retired because of advanced age or
physical or mental disability pursuant to Section 21 of Article 6 of the
Constitution of the State of Nevada is entitled to receive annually from the
State of Nevada, a pension for the remainder of his or her life, the same
pension the judge would receive under NRS
3.090 based on his or her years of service but without regard to his or her
age.
3. Any judge, or a guardian of a judge on
behalf of the judge if the judge is unable to act, who desires to retire
voluntarily must give notice in writing to the Governor. The Governor shall
appoint three physicians licensed to practice medicine in the State of Nevada
to examine the judge and report the results to the Governor in writing. If a
majority of the physicians is of the opinion that the judge is permanently
incapacitated, physically or mentally, the Governor shall approve the
retirement. The judge or a guardian of the judge must file with the Executive
Officer of the Public Employees’ Retirement Board an affidavit setting forth
the fact of the judge’s retirement and the years he or she has served in either
or both of such courts.
4. Pensions payable pursuant to this
section must be paid in the same manner as pensions payable under NRS 3.090. Fees and expenses of physicians
appointed pursuant to this section must be paid from the Judicial Retirement
Administrative Fund established pursuant to NRS
1A.200.
5. The faith of the State of Nevada is
hereby pledged that this section will not be repealed or amended so as to
affect adversely any judge who may have retired or been retired pursuant to its
provisions.
(Added to NRS by 1985,
1881; A 1993,
1170; 2001
Special Session, 91; 2013,
1730)
Notes of Decisions
Goldman v. Bryan, 787 P.2d 372 (Nev. 1990).
· cites it 27× “The petition sought an order compelling the Governor of the State of Nevada to exercise certain powers conferred by NRS 3.092, relating to appellant’s alleged entitlement to an early, enhanced disability retirement.”
Goldman v. Bryan, 764 P.2d 1296 (Nev. 1988).
· cites it 3× “On October 30, 1986, appellant directed a letter to Governor Richard Bryan, advising the Governor of his desire to tender a formal notice of retirement pursuant to the provisions of NRS 3.092(3). 4 Appellant asserted that he was “permanently incapacitated for medical reasons to…”
Halverson v. Hardcastle, 163 P.3d 428 (Nev. 2007).
“7, § 2; NRS 3.092 (providing for the voluntary retirement of district court judges for permanent physical or mental incapacitation from performing the duties of office, regardless of age).”
Whitehead v. Nevada Comm'n on Jud. Discipline, 873 P.2d 946 (Nev. 1994).
· cites it 2× “e an incipient basis for commission action under the state constitution, overriding concerns of public and social policy, as well as the commission's preeminent constitutional authority to resolve all potential questions of misconduct and entitlement to early, enhanced…”
— Nev. Rev. Stat. § 3.092(2) — 1 case
Goldman v. Bryan, 787 P.2d 372 (Nev. 1990).
“The petition sought an order compelling the Governor of the State of Nevada to exercise certain powers conferred by NRS 3.092, relating to appellant’s alleged entitlement to an early, enhanced disability retirement.”
— Nev. Rev. Stat. § 3.092(3) — 4 cases
Goldman v. Bryan, 787 P.2d 372 (Nev. 1990).
“The petition sought an order compelling the Governor of the State of Nevada to exercise certain powers conferred by NRS 3.092, relating to appellant’s alleged entitlement to an early, enhanced disability retirement.”
Goldman v. Bryan, 764 P.2d 1296 (Nev. 1988).
“On October 30, 1986, appellant directed a letter to Governor Richard Bryan, advising the Governor of his desire to tender a formal notice of retirement pursuant to the provisions of NRS 3.092(3). 4 Appellant asserted that he was “permanently incapacitated for medical reasons to…”
Whitehead v. Nevada Comm'n on Jud. Discipline, 873 P.2d 946 (Nev. 1994).
“e an incipient basis for commission action under the state constitution, overriding concerns of public and social policy, as well as the commission's preeminent constitutional authority to resolve all potential questions of misconduct and entitlement to early, enhanced…”
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