(1) No judge shall be eligible to receive the judge's monthly service or disability retirement allowance if the retired judge is employed:

     (a) For more than eight hundred ten hours in a calendar year as a pro tempore judge; or

     (b) In an eligible position as defined in RCW 41.40.010 or 41.32.010, or as a law enforcement officer or firefighter as defined in RCW 41.26.030.

     (2) Subsection (1) of this section notwithstanding, a previously elected judge of the superior court who retired before June 7, 1990, leaving a pending case in which the judge had made discretionary rulings may hear the pending case as a judge pro tempore without having his or her retirement allowance suspended.

     (3) If a retired judge's benefits have been suspended under this section, his or her benefits shall be reinstated when the retiree terminates the employment that caused his or her benefits to be suspended. Upon reinstatement, the retired judge's benefits shall be actuarially recomputed pursuant to the rules adopted by the department.

     (4) The department shall adopt rules implementing this section.

[1990 c 274 § 14; 1988 c 109 § 10.]

NOTES:

     Findings -- Construction -- 1990 c 274: See notes following RCW 41.32.010.

     Application -- Reservation -- 1990 c 274 §§ 11, 12, 14, and 15: See note following RCW 41.40.690.

     Effective date -- 1988 c 109: See note following RCW 2.10.030.