862 LAWS OF MARYLAND CH. 468
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).
(D) 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, VOLUN-
TARILY RETIRED FROM ACTIVE SERVICE AFTER REACHING
THE AGE OF SIXTY YEARS AND BEFORE REACHING THE
AGE OF SEVENTY YEARS, AND HAS RESUMED THE PRAC-
TICE OF LAW, SHALL NOT BE ENTITLED TO THE IN-
CREASES 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.
(E) A JUDGE WHO RETIRES AND ACCEPTS THE PEN-
SION OR SALARY PROVIDED BY THIS SECTION SHALL NOT
DURING THE PERIOD OF SUCH ACCEPTANCE ENGAGE IN
THE PRACTICE OF LAW. A JUDGE WHO HAS BEEN RECEIV-
ING 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 PROVIDED BY THIS SECTION.
(F) IN THE CASE OF AN ELECTED JUDGE WHO MAY
SERVE ON THE COURT OF APPEALS OR ON THE COURT OF
SPECIAL 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 ACCORD-
ING TO THE TOTAL YEARS OF ACTIVE SERVICE NOT EX-
CEEDING 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.
(G) AN ELECTED JUDGE WHO BECAUSE OF INCAPACI-
TATING ILLNESS RESIGNS HIS POSITION PRIOR TO REACH-
ING HIS SIXTIETH BIRTHDAY IS ENTITLED TO BENEFITS
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