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Session Laws, 1972
Volume 708, Page 581   View pdf image
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Marvin Mandel, Governor                           581

court or magistrate for juvenile causes for Montgomery County, pro-
vided, 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 here-
after 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
executive and 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 subsec-
tion 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 position and notify the county 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 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 pro-
vided; and any such provision heretofore made is hereby ratified and
confirmed. On and after July 1, 1970, each judge in active service shall
contribute toward the cost of his pension in an amount equal to six
percent (6%) of his annual compensation earned thereafter which
shall be deducted from his compensation each pay period and paid to
Montgomery County. It is further provided that any judge who has
retired prior to July 1, 1970, may elect to continue under the retire-
ment plan in effect at the time of his retirement or elect to receive the
retirement benefits provided by this subsection by notifying the di-
rector of the department of finance of Montgomery County within
sixty days after July 1, 1970, and paying to Montgomery County
within the said sixty days a lump sum equal to six percent of this
total salary received during the twelve months immediately preced-
ing his retirement.

(2) The widow of every such judge who dies in active service shall
be paid one half of the pension to which such judge would have been
entitled on the date of his death if he had been eligible for retirement
and had retired on said date irrespective of whether he shall have
attained the age of 65 at the date of his death. The widow of every
such judge who dies after retiring shall be paid one half of the pension
which such judge was receiving at the date of his death. In order
to be entitled to the pension provided by this subsection, a widow
of a judge who dies during active service shall have been married to
him for a period of not less than three years prior to his death, and,
in the case of a death of a retired judge, not less than three years
before his retirement. A widow who is entitled to a pension under
the provisions of this subsection shall be paid for the period of her
life unless she remarries, in which event the pension is to cease and


 

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Session Laws, 1972
Volume 708, Page 581   View pdf image
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