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Session Laws, 1970
Volume 695, Page 49   View pdf image
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Marvin Mandel, Governor                             49

Sec. 2. Be it further enacted by the General Assembly of Mary-
land,
That Sections 108(15) (b) and 108(15) (h) of Article 52 of
said Code (1968 Replacement Volume and 1969 Supplement) title
"Justices of the Peace," subtitle "Trial Magistrates System," be and
hereby are repealed and re-enacted with amendments to read as
follows:

108(15).

(b) Every full-time judge of the People's Court for Montgomery
County shall be paid, after the termination of active service if he is
then at least sixty-two years of age, or when he becomes sixty-two
years of age, a pension or salary calculated at the rate of five hun-
dred 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 Montgomery County, 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 eight thousand dollars ($8,000) per annum,
provided, however, that no person serving less than twelve months
as a judge under this subsection shall receive a pension or salary
unless such person involuntarily 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-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] Executive 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 subsection shall apply to all 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. In the event
that a retired judge serving in any salaried public office or position
as above enumerated, should thereafter relinquish such office or posi-
tion and notify the County [Council] Executive 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 of
Montgomery County is hereby expressly authorized to levy for
[any] [[] and []] pay pensions and salaries to such former judges of
the People's Court who served on the said court upon the terms and for
the periods as herein provided; and any such provision heretofore
made is hereby ratified and confirmed.

(h) The judges of the People's Court shall appoint a chief clerk
for the People's Court of Montgomery County, a deputy chief clerk
thereof who, when duly qualified as such, and in the absence of the
chief clerk, shall have the power and authority to act in the place
and stead of the chief clerk, and a clerk for each branch of said
court: namely, one clerk each for Rockville, Bethesda and Silver
Spring. The appointment of said chief clerk and deputy chief clerk

 

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Session Laws, 1970
Volume 695, Page 49   View pdf image
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