SPIRO T. AGNEW, Governor                       685

CHAPTER 333
(House Bill 941)

AN ACT to repeal and re-enact, with amendments, Section 108
(15) (b) of Article 52 of the Annotated Code of Maryland (1964
Replacement Volume and 1966 Supplement), title "Justices of the
Peace," subtitle "Trial Magistrates System," to lower the age from
sixty-five to sixty-two at which judges of the People's Court of
Montgomery County become eligible to receive pension benefits
and to include in computing years of service for such pension serv-
ice as a full-time trial magistrate in said County.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 108(15) (b) of Article 52 of the Annotated Code of
Maryland (1964 Replacement Volume and 1966 Supplement), title
"Justices of the Peace," subtitle "Trial Magistrates System," be and
it is hereby repealed and re-enacted, with amendments, to read as
follows:

108.

(15) (b) Every full-time judge of the People's Court for Mont-
gomery County shall be paid, after the termination of active service,
if he is then at least [sixty-five] sixty-two years of age, or when he
becomes [sixty-five] sixty-two years of age, a pension or salary
calculated at the rate of Five Hundred Dollars ($500) per annum
for each year, or any part thereof, of active service as a full-time
judge of the People's Court or Trial Magistrates Court for Mont-
gomery County, up to and including sixteen years of such active
service, so that the maximum pension or salary for such service pay-
able hereunder to any one person shall not exceed the sum of Eight
Thousand Dollars ($8,000) per annum, provided, however, that no
person serving less than twelve months as a judge under this sub-
section shall receive a pension or salary unless such person involun-
tarily be caused to resign or to retire therefrom because of sickness
or physical incapacity or disability before the termination of the
prescribed minimum period of service. Provided further, however,
that any such judge who has retired or who hereafter voluntarily
retires from active service after reaching the age of [sixty-five]
sixty-two years and resumes the practice of law, shall not be entitled
to the pension or salary provided by this subsection, or any portion
thereof. In the event that a retired judge engaged in the practice of
law should thereafter relinquish such practice and notify the County
Council and the director of finance of Montgomery County of such
fact, then from and after the date of such notification the judge shall
be entitled to all the benefits provided by this subsection. This sub-
section shall apply to all judges already retired from active service
except as provided herein. Any former judge who accepts any sal-
aried 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. In the event that a retired judge serving in any
salaried public office or position as above enumerated, should there-
after relinquish such office or position and notify the County Council
and the director of finance of Montgomery County of such fact, then
from and after the date of such notification the judge shall be entitled
to all the benefits as provided by this subsection. The County Council