418                                       LAWS OF MARYLAND                            [Ch. 2

WHO DECIDES TO ENGAGE IN THE PRACTICE OF LAW MAY
NOTIFY THE GOVERNOR AND COMPTROLLER 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 SUCK 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
REACHING HIS 60TH BIRTHDAY IS ENTITLED TO ANY BENEFITS
UNDER THE PROVISIONS OF THIS SECTION.

(I) THE SURVIVING SPOUSE OF EVERY JUDGE DESCRIBED
IN SUBSECTION (A) OF THIS SECTION 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 SURVIVING SPOUSE OF ANY JUDGE ELIGIBLE FOR
RETIREMENT PENSION WHO DIES AFTER RETIRING SHALL BE
PAID ONE HALF OF THE PENSION OR SALARY TO WHICH THE
JUDGE WAS ENTITLED AT THE TIME OF HIS DEATH. IN
DETERMINING THE AMOUNT WHICH ANY SURVIVING SPOUSE IS
ENTITLED TO BE PAID AFTER JUNE 1, 1963, THE PENSION OF
THE DECEASED JUDGE SHALL BE CALCULATED AT THE RATES
PRESCRIBED BY SUBSECTION (A) OF THIS SECTION, AS OF
THAT DATE, NOTWITHSTANDING THAT SUCH JUDGE MAY HAVE
DIED PRIOR THERETO. IN EACH INSTANCE THE PENSION IS
TO BE PAID TO THE SURVIVING SPOUSE UNTIL HIS
REMARRIAGE OR DEATH. THE PROVISIONS OF THIS SECTION
SHALL NOT APPLY IN THE CASE OF A SURVIVING SPOUSE 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.

(M) ANY ELECTION PROVIDED BY THIS SECTION IS
ALTERNATIVE TO AND NOT IN SUBSTITUTE FOR THE ELECTION
PROVIDED BY §62 OF THIS ARTICLE.