Based on recent reviews conducted by the Department of Retirement Systems (DRS), appointed part-time municipal court judges may be eligible to participate in PERS retirement plans.
Part-time appointed municipal judges would be considered employees under current DRS definitions and would potentially be eligible to participate if they meet the formula for qualifying hours. To qualify, a judge would need to work at least 70 hours per month for five months per year for two years. If an appointed judge meets these qualifications, they would be mandated to participate in the PERS program.
Cities with potentially eligible judges should work through the DRS process to determine eligibility and calculate the appropriate contribution amounts for both employer and employee. Cities with qualifying judges who were not previously enrolled in PERS will need to pay retroactive contribution amounts. DRS can work with employers to develop a payment plan to lessen any budget impacts. Additionally, cities can recoup the employee share of retroactive contributions directly from the employee.
Please note that these appointed judges may be eligible for either PERS Plan 2 or PERS Plan 3, depending on their previous PERS participation. Cities should consult with DRS to ensure that these employees are enrolled in the correct plan.
For specific questions and assistance, contact DRS Employer Support at (800) 547-6557 (option 6, then option 2) or visit the DRS website.