1965/66/67 session laws – Ch.108 Sec.2

Chapter 7A, Subchapter III, is hereby amended by inserting therein the following: Article 8 Retirement of Judges of the Superior Court; Retirement Compensation; Recall to Emergency Service; Disability Retirement Sec. 7A-50. Emergency Judge Defined. As used in this Article emergency Judge means any Judge of the Superior Court who has retired subject to recall to active service for temporary duty. Sec. 7A-51. Age and Service Requirements for Retirement of Judges of the Superior Court and of the Administrative Officer of the Courts. (a) Any Judge of the Superior Court, or Administrative Officer of the Courts, who has attained the age of sixty-five years, and who has served for a total of fifteen years, whether consecutive or not, as a Judge of the Superior Court, or as Administrative Officer of the Courts, or as Judge of the Superior Court and as Administrative Officer of the Courts combined, may retire and receive for life compensation equal to two-thirds of the annual salary from time to time received by the occupant of the office from which he retired. (b) Any Judge of the Superior Court, or Administrative Officer of the Courts, who has served for twelve years, whether consecutive or not, as a Judge of the Superior Court, or as Administrative Officer of the Courts, or as Judge of the Superior Court and as Administrative Officer of the Courts combined may, at age sixty-eight, retire and receive for life compensation equal to two-thirds of the annual salary from time to time received by the occupant of the office from which he retired. (c) Any person who has served for a total of twenty-four years, whether continuously or not, as a Judge of the Superior Court, or as Administrative Officer of the Courts, or as Judge of the Superior Court and as Administrative Officer of the Courts combined, may retire, regardless of age, and receive for life compensation equal to two-thirds of the annual salary from time to time received by the occupant of the office from which he retired. In determining whether a person meets the requirements of this subsection, time served as District Solicitor of the Superior Court prior to 155 January 1, 1971, may be included, so long as the person has served at least eight years as a Judge of the Superior Court, or as Administrative Officer of the Courts, or as Judge of the Superior Court and Administrative Officer of the Courts combined. (d) Any Judge of the Superior Court who has attained the age of seventy years must retire on the first day of the month following his seventieth birthday, and upon retirement such person is entitled to the benefits of this Section, if he is otherwise qualified under subsections (a), (b), or (c). This subsection shall not require any Judge of the Superior Court who reaches the age of seventy to retire until the expiration of the term of office during which he is or becomes qualified for retirement under the provisions of this Article. Sec. 7A-52. Retired Judges Constituted Emergency Judges Subject to Recall to Active Service; Compensation for Emergency Judges on Recall. (a) Judges of the Superior Court who retire under the provisions of Section 7A-51 are hereby constituted emergency Judges of the Superior Court for life. The Chief Justice of the Supreme Court may order any emergency Judge who, in his opinion, is competent to perform the duties of a Superior Court Judge, to hold regular or special sessions of Superior Court, as needed. Orders of assignment shall be in writing and entered upon the minutes of the Superior Court. (b) In addition to the compensation provided in Section 7A-51, each emergency Judge assigned to temporary active service shall be paid by the State his actual expenses, plus one hundred dollars ($100.00) for each week of active service rendered under recall. Sec. 7A-53. Notice to Governor of Intention to Retire; Commission as Emergency Judge. Any Judge of the Superior Court who is qualified and who desires to retire under the provisions of Section 7A-51 shall notify the Governor in writing of his intention to do so, including in the notice the facts which entitle him to retire. Upon receipt of such notice, the Governor shall issue a commission as emergency Judge to the applicant, effective upon the date of his retirement. The Commission shall be effective for life. Sec. 7A-54. Article Applicable to Judges Retired Under Prior Law. All Judges of the Superior Court who have heretofore retired and who are receiving retirement compensation under the provisions of any judicial retirement law previously enacted shall be entitled to the benefits of this Article. All such Judges shall be subject to assignment as emergency Judges by the Chief Justice of the Supreme Court, except Judges retired for total disability. Sec. 7A-55. Retirement on Account of Total and Permanent Disability. Every Judge of the Superior Court or Administrative Officer of the Courts who has served for eight years or more on the Superior Court, or as Administrative Officer of the Courts, or on the Superior Court and as Administrative Officer of the Courts combined, and who while in active service becomes totally and permanently disabled so as to be unable to perform efficiently the duties of his office, and who retires by reason of such disability, shall receive for life compensation equal to two-thirds of the annual salary from time to time received by the occupant of the office 156 from which he retired. In determining whether a person meets the requirements for retirement under this Section, time served as District Solicitor of the Superior Court prior to January 1, 1971, may be included. Whenever any Judge claims retirement benefits under this Section on account of total and permanent disability, the Governor and Council of State, acting together, shall, after notice and an opportunity to be heard is given the applicant, by a majority vote of said body, make findings of fact from the evidence offered. Such findings of fact shall be reduced to writing and entered upon the minutes of the Council of State. The findings so made shall be conclusive as to such matters and determine the right of the applicant to retirement benefits under this Section. Judges retired under the provisions of this Section are not subject to recall as emergency Judges.