HOUSE BILL NO. 1378 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE COOK.
2670H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 476.458, RSMo, and to enact in lieu thereof one new section relating to retirement for certain judges.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 476.458, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 476.458, to read as follows: 476.458. 1. Except as otherwise provided in this section, or by any other law, 2 associate circuit judges, magistrate judges, probate judges, and probate ex officio magistrate 3 judges shall retire at the age of seventy years and may participate, if otherwise eligible, in the 4 retirement plan established by sections 476.515 to 476.570, except that, the provisions of 5 sections 476.458, [478.015, 478.021, 478.071,] 478.072, [482.040, 482.090, 482.230,] and 6 482.300 to 482.365 [and 483.497] shall not prevent any person holding the office of associate 7 circuit judge, magistrate judge, probate judge or probate ex officio magistrate judge, or any 8 person elected or appointed to the office of associate circuit judge, magistrate judge, probate 9 judge or probate ex officio magistrate judge from holding office during the remainder of the 10 term to which he or she was elected or appointed. 11 2. Any magistrate judge, probate judge not under the nonpartisan court plan, or 12 probate ex officio magistrate judge who on August 13, 1976, or within six months thereafter, 13 is seventy years of age or older, may petition the commission on retirement, removal and 14 discipline to continue to serve until age seventy-six if he or she has not completed a total of 15 twelve years of service as a judge. Except as otherwise provided by any other law, any 16 magistrate judge, probate judge not under the nonpartisan court plan, or probate ex officio 17 magistrate judge, who is in office on August 13, 1976, may, within six months before
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1378 2
18 attaining the age of seventy years, petition the commission on retirement, removal, and 19 discipline to be allowed to serve after he or she has attained that age until age seventy-six or 20 has completed a total of twelve years of service as a judge, whichever shall occur first. If the 21 commission finds the petitioner to be able to perform his or her duties and approves such 22 service, the petitioner may continue to serve as such a judge until age seventy-six if he or she 23 has not completed a total of twelve years of service as a judge at such age. No person shall be 24 permitted to serve as such a judge beyond the age of seventy-six years regardless of whether 25 or not he or she has completed a total of twelve years except for the purpose of completing 26 the term to which he or she was elected or appointed, as provided in subsection 1 of this 27 section. 28 3. Any magistrate, regardless of age elected in 1976 to fill an unexpired term shall be 29 permitted to complete that term. ✔
Statutes affected: