36 LAWS OF MARYLAND [CH. 3

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PROVIDED, HOWEVER, THAT ANY ELECTED JUDGE WHO
RETIRED PRIOR TO JULY 1, 1955, OR WHO DURING THE
PERIOD FROM JULY 1, 1955, TO JULY 1, 1962, VOLUNTARILY
RETIRED FROM ACTIVE SERVICE AFTER REACHING THE
AGE OF SIXTY YEARS AND BEFORE REACHING THE AGE
OF SEVENTY YEARS, AND HAS RESUMED THE PRACTICE
OF LAW, SHALL NOT BE ENTITLED TO THE INCREASES IN
SALARY OR PENSION PROVIDED BY THIS SECTION, BUT
SHALL BE PAID THE SALARY OR PENSION AT THE RATE
PROVIDED BEFORE THE PASSAGE OF THIS SECTION. A
JUDGE WHO RETIRES AND ACCEPTS THE PENSION OR
SALARY PROVIDED BY THIS SECTION SHALL NOT DURING
THE PERIOD OF SUCH ACCEPTANCE ENGAGE IN THE PRAC-
TICE OF LAW. A JUDGE WHO HAS BEEN RECEIVING THE
BENEFITS PROVIDED BY THIS SECTION AND WHO DECIDES
TO ENGAGE IN THE PRACTICE OF LAW MAY NOTIFY THE
GOVERNOR AND COMPTROLLER OF SUCH FACT, AND ON
THE INDICATED DATE OF HIS ENGAGING IN THE PRAC-
TICE OF LAW HIS BENEFITS UNDER THIS SECTION SHALL
CEASE AND NO LONGER BE PAID; AND SUCH A JUDGE
SHALL NEVER AGAIN BE PAID SUCH BENEFITS. IN THE
EVENT THAT A RETIRED JUDGE WHO HAS NEVER BEEN
PAID BENEFITS UNDER THIS SECTION AND WHO HAS
BEEN ENGAGED IN THE PRACTICE OF LAW SHOULD
THEREAFTER RELINQUISH SUCH PRACTICE AND NOTIFY
THE GOVERNOR AND COMPTROLLER OF THE STATE OF
SUCH FACT, THEN, FROM AND AFTER THE DATE OF SUCH
NOTIFICATION THE JUDGE SHALL BE ENTITLED TO ALL
THE BENEFITS PROVIDED BY THIS SECTION. IN THE CASE
OF AN ELECTED JUDGE WHO MAY SERVE ON THE COURT
OF APPEALS SUBSEQUENT OR PRIOR TO SERVICE AS A
CIRCUIT COURT JUDGE FOR ANY OF THE COUNTIES OR
OF THE SUPREME BENCH OF BALTIMORE CITY, THE
AMOUNT OF PENSION PER ANNUM SHALL BE CALCULATED
ACCORDING TO THE TOTAL YEARS OF ACTIVE SERVICE
NOT EXCEEDING SIXTEEN AT THE PENSION RATE FIXED
HEREIN. THIS SECTION SHALL APPLY TO ALL ELECTED
JUDGES ALREADY RETIRED FROM ACTIVE SERVICE EX-
CEPT AS PROVIDED HEREIN. ANY FORMER JUDGE WHO
ACCEPTS ANY SALARIED PUBLIC OFFICE OR POSITION,
MUNICIPAL, COUNTY, STATE OR FEDERAL, SHALL NOT BE
PAID ANY PENSION OR SALARY SO LONG AS HE REMAINS
IN SUCH OFFICE OR POSITION. AN ELECTED JUDGE WHO
BECAUSE OF INCAPACITATING ILLNESS IS REQUIRED TO
RESIGN HIS POSITION PRIOR TO REACHING HIS SIXTIETH
BIRTHDAY IS ENTITLED TO BENEFITS UNDER THE PRO-
VISIONS OF THIS SECTION, BUT IN NO EVENT IN A SUM
GREATER THAN WAS PROVIDED IN THIS SECTION AT THE
TIME HE RESIGNED; AND EXCEPT FOR A JUDGE WHO HAS
RESIGNED OR WHO RESIGNS BECAUSE OF INCAPACITAT-