HARRY HUGHES, Governor

1343

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] 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 former judges of the People's Court who served
on the 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 his
total salary received during the twelve months immediately
preceding his retirement.

(2) The 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 [of 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
surviving spouse of every judge who dies after retiring
shall be paid one half of the pension which the FORMER judge