WILLIAM DONALD SCHAEFER, Governor

Ch. 6

The only changes are in style.

[9-203.] 3.

(a) 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(a) of the Constitution, shall be paid, after the termination of active service, if
the judge is then at least sixty-two years of age, or when the judge becomes sixty-two
years of age or upon application and proof by the judge before becoming sixty-two years
of age, to the County Council, that the judge is totally disabled from performing the
judge's duties by reason of the judge's mental or physical health, a pension or salary in an
amount equal to sixty percent (60%) of the judge's 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 the judge 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.
However, 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 the former judge 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 the judge's pension in an
amount equal to six percent (6%) of the judge's annual compensation earned thereafter
which shall be deducted from the judge's 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 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 the judge's total salary received during the twelve months immediately
preceding retirement.

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