CHAPTER 428

An Act to amend and reenact § 51-8, as amended, of the Code of Vir-
ginta, relating to requisites for retirement by certain judges; notice
to Governor. |

[H 118]

Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 51-3, as amended, of the Code of Virginia be amended and
reenacted as follows:

_ _ § 51-8. Requisites for retirement; notice to Governor.—(a) Any
judge of a circuit court, or of any corporation or city court of any city
of the first class, who has attained the age of sixty-five years and has
served for not less than ten years as judge of any one or more of such
courts, and any judge of any such circuit, corporation or city court who
has attained the age of sixty-two years and has served for not less than
twenty-five consecutive years as judge of any one or more of such courts,
may retire from active service upon the bench.

(al) Notwithstanding the provisions of paragraph (a) of this section
or of any other provision of law to the contrary, any Judge of a circuit
court, or of any corporation or city court of any city of the first class who,
on the thirty-first day of December, nineteen hundred sixty-one, was
participating in, and was in good standing under, the provisions of this
chapter and who, after such date, attained, or hereafter attains, the age
of sixty years and has, or shall have, served for not less than twenty-five
consecutive years as judge of any one or more of such courts, may retire
from active service upon the bench.
(b) Any judge of any circuit court, or of any corporation or city
court of any city of the first class, elected or appointed for the first time
after June thirtieth, nineteen hundred fifty-four, and prior to March
first, nineteen hundred sixty-two, shall retire from active service upon
attaining the age of seventy-five years, regardless of his years of such
service, and those elected or appointed for the first time after March
first, nineteen hundred sixty-two, shall retire from active service upon
attaining the age of seventy years regardless of his years of service. In
either event such judge shall not be entitled to retired pay unless he has
served at least ten years, provided, however, that any judge attaining his
seventieth birthday during his tenth year of service may continue to serve
until the end of the fiscal year or until the day following the tenth annt-
versary of his election or appointment, whichever shall last occur, in which
case he shall be entitled to retired pay.

(c) Each judge retiring under any of the provisions of this section
shall give the Governor notice in writing stating in such notice the basis
of such retirement and the date upon which such retirement will become
effective. Upon receipt of such notice, the Governor shall notify the Comp-
pid and the Chief Justice as to such retirement and the effective date
of the same.