422                                       LAWS OF MARYLAND                            [Ch. 2

PAID FOR THE PERIOD OF HIS LIFE UNLESS HE REMARRIES,
IN WHICH EVENT THE PENSION IS TO CEASE AND TERMINATE.

(3) A JUDGE WHO BECAME A JUDGE OF THE
DISTRICT COURT PURSUANT TO ARTICLE IV, §41-I(G) OF THE
CONSTITUTION, OR THE SURVIVING SPOUSE OF SUCH A JUDGE,
MAY ELECT TO RECEIVE THE BENEFITS PROVIDED BY THIS
SUBSECTION, OR THE BENEFITS PROVIDED BY §62 OF THIS
ARTICLE.

(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 FOP 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 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 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 OR 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