Marvin Mandel, Governor                        1819

(1-9) No pension shall be payable hereunder to any retired judge
of the Municipal Court of Baltimore City who is receiving another
pension under the employees' retirement system of the City of Balti-
more or the Employees' Retirement System of the State of Maryland.

(1-10) The Mayor and City Council of Baltimore City are hereby
expressly authorized to levy for such pensions or salaries, or their
proportionate share thereof as the case may be, and pay such pen-
sions or salaries to former judges of the Municipal Court of Balti-
more City.

(2)    Provided, however, that any such judge who voluntarily
retires from active service after reaching the age of 60 years and
before reaching the age of 70 years, and has resumed the practice
of law, shall not be entitled to the increases in pension provided by
this section but shall be paid a pension at the rate provided before
the passage of this section. A judge who retires and accepts the
pension provided 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 Comp-
troller of the treasury 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 treasury 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. An elected judge
who because of incapacitating illness is required to resign his position
prior to reaching his 60th birthday shall be entitled to benefits under
the provisions 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 incapacitating
illness, no other judge who has resigned or who resigns prior to reach-
ing his 60th birthday is entitled to any benefits under the provisions
of this section.

(3)    The widow of every elected municipal judge who dies in
active service shall be paid one half of the pension or salary the
judge would have received if his service had been terminated by
retirement and for this purpose only, the age of the judge is not
to be considered; the widow of any judge eligible for retirement
pension who dies after retiring shall be paid one half of the pension
or salary to which her husband was entitled at the time of his death.
In determining the amount which any widow is entitled to be paid
after June 1, 1963, the pension of the deceased judge shall be calcu-
lated at the rates prescribed by sub-subsection (1) of this subsection,
as of that date, notwithstanding that such judge may have died
prior thereto. In each instance the pension is to be paid to the widow
until her remarriage or death. The provisions of this section shall
not apply in the case of a widow who was married to the judge for
a period less than three years and to a retired judge for a period less
than three years before his retirement.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1970.

Approved May 5, 1970