2432                            County Local Laws

Section 5-207. Judges' pensions; widows' pensions.

(a) Every judge of the Fifth Judicial Circuit elected by the
qualified voters of the county, who resides in the county and who
regularly serves in the Circuit Court for the county, whose active
service is terminated, if he is then at least sixty years of age or when
he becomes sixty years of age, shall be paid a pension for life by the
county calculated at the rate of three hundred and seventy-five dollars
per annum in addition to the pension received from the state under
state law, for each year of active service as such judge, or any part
thereof, by appointment as well as by election, up to and including
sixteen years of such active service, it being intended that the
maximum amount payable to any one person under this section shall
not exceed the sum of six thousand dollars per annum, provided that
any such pension shall be reduced by an amount equal to the additional
retirement allowance paid by the State of Maryland by virtue of the
provisions of Section 49A of Article 26 of the Annotated Code of
Maryland (1966 Replacement Volume and 1970 Supplement). Any
judge who engages in the practice of law at any time after becoming
eligible for the pension provided in this section, whether or not he
elects to receive it, shall not at any time thereafter, whether or not he
remains so engaged, be eligible for the pension herein provided. An
elected judge who because of incapacitating illness is required to resign
his position prior to reaching his sixtieth birthday is eligible at the
time of such resignation for the pension provided in this section,
calculated upon the number of years, or any part thereof, of active
service prior to such resignation. Except for a judge who resigned
prior to the effective date of this section, or who resigns because of
incapacitating illness, no other judge who resigns prior to reaching
his sixtieth birthday is entitled to any pension under the provisions
of this section. The widow of every elected judge who dies in active
service or who dies after having completed a full term but prior to
becoming eligible for a pension shall be paid one-half the pension to
which such judge would have been entitled on the date of his death,
under the provisions of this section, if he had been eligible for
retirement and had retired on such date irrespective of whether he
shall have attained the age of sixty years at the date of his death.
The widow of every judge who dies after retiring shall be paid one-
half the pension which such judge was receiving at the time of his
death. A widow who is entitled to a pension under the provisions of
this section shall be paid for the period of her life unless she re-
marries, in which event the pension is to cease and terminate. The
provisions of this section shall apply to widows of judges who have
died prior to the effective date of this section as if it were in effect at
the date of such death. The residence of the judge or widow after
resignation or retirement shall in no way affect the benefits herein
provided.

Section 2. And be it further enacted, That this Ordinance shall
take effect forty-five (45) days from the date it becomes law.

APPROVED AND ENACTED: March 26, 1971.