Ch. 545                             MARVIN MANDEL, Governor                                1187

(b) (1) Each full-time judge of the People's Court of Montgomery County,
including a judge who was continued in office as a judge of the District Court
pursuant to Article IV, § 41-I (g) of the Constitution, 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 or upon application and proof by the judge
before he becomes sixty-two years of age, to the County Council, that he is totally
disabled from performing his duties by reason of his mental or physical health, a
pension or salary in an amount equal to sixty percent (60%) of his maximum
salary or one sixteenth (1/16) of that amount for each year of service, or a pro
rata share to reflect less than a full year of service, if he has served less than
sixteen years as a full-time judge of the People's Court or trial magistrate court or
magistrate for juvenile causes for Montgomery County, provided, however, that no
person serving less than twelve months as a judge under this subsection shall
receive a pension or salary unless [such] THE 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 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 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 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 provided; 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 retirement plan in effect at the time
of his retirement or elect to receive the retirement benefits provided by this
subsection by notifying the director 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 preceding his retirement.

(2) The [widow] SURVIVING SPOUSE 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] SURVIVING SPOUSE of every [such] judge
who dies after retiring shall be paid one half of the pension which [such] THE
judge was receiving at the date of his death. In order to be entitled to the pension
provided by this subsection, a [widow) SURVIVING SPOUSE 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] SURVIVING