CARSON CITY, Nev. (AP) — The Nevada Supreme Court says a Clark County judge can't collect retirement earned before assuming the bench while also collecting his judicial salary because he missed a deadline by three days.
In a 4-3 decision Thursday, justices overturned a lower court that said District Judge Doug Smith could receive his Public Employees Retirement pension for benefits earned during 23 years in other public employment.
State law generally prohibits people from receiving PERS retirement while employed in the public sector. An exception allows retirees to collect pensions and a salary if they are elected to public office.
Smith took office on Jan. 5, 2009, but didn't file his paperwork for retirement until Jan. 8.
PERS rejected his application, saying he couldn't retire from PERS while employed in another PERS-eligible position.
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