MARVIN MANDEL, Governor                                       419

61. ADJUSTMENT OF JUDGES' RETIREMENT ALLOWANCE.

(A)   FOR THE FISCAL YEAR BEGINNING JULY 1, 1971,
AND FOR EACH FISCAL YEAR THEREAFTER, EACH RETIRED
MEMBER'S RETIREMENT ALLOWANCE AS HEREUNDER DEFINED
SHALL BE ADJUSTED BY A RATIO AS PROVIDED IN THIS
SECTION.

(B)  (1) EACH RETIRED   MEMBER SHALL HAVE A BASE
WHICH SHALL BE CONSUMER   PRICE INDEX FOR THE CALENDAR
YEAR ENDING DECEMBER 31ST   OF THE FISCAL YEAR IN WHICH
HE WAS LAST EMPLOYED.

(2)    THE CONSUMER PRICE INDEX TO BE USED FOR
THE FISCAL YEAR IN WHICH THE RETIREMENT ALLOWANCE IS
PAYABLE SHALL BE THE CONSUMER PRICE INDEX FOR THE
CALENDAR YEAR ENDING DECEMBER 31ST OF THE PRECEDING
FISCAL YEAR.

(3)     THE RATIO OF ADJUSTMENT OF THE
RETIREMENT ALLOWANCE REFERRED TO IN SUBSECTION (A) OF
THIS SECTION SHALL BE OBTAINED BY DIVIDING THE
CONSUMER PRICE INDEX IN SUBSECTION (B)(2) BY THE
CONSUMER PRICE INDEX IN SUBSECTION (B)(1) OF THIS
SECTION.

(C)    FOR THE PURPOSES OF THIS SECTION THE
RETIREMENT ALLOWANCE REFERRED TO IN SUBSECTION (A) OF
THIS SECTION, SHALL BE THAT RETIREMENT ALLOWANCE
ELECTED BY THE MEMBER UNDER §60 OF THIS ARTICLE.

(D)    FOR THE PURPOSES OF THIS SECTION, CONSUMER
PRICE INDEX SHALL MEAN THE CONSUMER PRICE INDEX (ALL
ITEMS - UNITED STATES CITY AVERAGE) , AS PUBLISHED BY
THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR
STATISTICS.

(E)   IN NO INSTANCE SHALL ANY RETIRED MEMBER
RECEIVE LESS THAN THE BENEFITS TO WHICH HE WOULD BE
ENTITLED UNDER THE PROVISIONS OF §60 OF THIS ARTICLE.

(F)   THE ALLOWANCE OF A SURVIVING BENEFICIARY OF A
RETIRED MEMBER SHALL, WHEN AND IF PAYABLE, BE ADJUSTED
BY THE SAME RATIO AS PROVIDED IN THIS SECTION.

(G)    THIS SECTION SHALL NOT APPLY TO BENEFITS
PAYABLE UNDER §60 (F) AND 60 (G) OF THIS ARTICLE.

62.