J. MILLARD TAWES, Governor 31
49. Every elected judge of the circuit court for any of the
counties, of the Supreme Bench of Baltimore City, [and] of the
Court of Appeals of Maryland and of the Court of Special Appeals,
shall be paid, after the termination of active service, if he is then
at least sixty years of age or when he becomes sixty years of age,
a pension or salary calculated at the rate of seven hundred and fifty
dollars ($750.00) per annum for each year, or any part thereof, of
active service by appointment and election as a judge of the circuit
court for any of the counties, of the Supreme Bench of Baltimore
City, [and] of the Court of Appeals of Maryland and of the Court
of Special Appeals, up to and including sixteen years of such active
service, so that the maximum pension or salary for such service
payable hereunder to any one person shall not exceed the sum of
twelve thousand dollars ($12,000.00) per annum. In addition to the
payment of a pension or salary of seven hundred and fifty dollars
($750.00) for each year of service, each judge of the Court of
Appeals shall be allowed one hundred dollars ($100.00) for each
year of service as a member of the Court of Appeals but, in no
event, shall the total pension or salary exceed thirteen thousand six
hundred dollars ($13,600.00) [.], and each judge of the Court of
Special Appeals shall be allowed fifty dollars ($50.00) for each year
of service as a member of the Court of Special Appeals but in no
event, shall the total pension or salary exceed twelve thousand eight
hundred dollars ($12,800.00).
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 pro-
vided by this section shall not during the period of such acceptance
engage in the practice 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 practice 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 pro-
vided by this section. In the case of an elected judge who may serve
on the Court of Appeals or on the Court of Special Appeals subse-
quent 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 except 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 resigns his position prior to reaching his
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