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Ch. 8
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72
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LAWS OF MARYLAND
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should thereafter relinquish such practice and notify the county
executive of Anne Arundel 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 section.
(3) A judge who became a judge of the District Court
pursuant to Article IV, § 41-I[(g)] (A) 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)] § 41-I(A) 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 60 percent of the salary of a
District Court judge, whichever is greater or one sixteenth
(1/16) of either 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 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 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
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