Chap. 224.-—-An ACT to amend and re-enact Section 3464 of the Code of Vir-
ginia, as heretofore amended, relating to the retirement of judges of the
Supreme Court of Appeals. [S B 30]

Approved March 26, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion thirty-four hundred and sixty-four of the Code of Virginia, as
heretofore amended, be amended and re-enacted so as to read as fol-
lows:

Section 3464. (a) Any judge of the Supreme Court of Appeals
ot Virginia may retire from the bench at any time after having ob-
tained the age of seventy years and after not less than ten consecutive
years of service as such judge or as such judge and as judge of any
circuit, corporation or city court of record of this State, upon giving
the Governor notice in writing of his intention so to do, stating in such
notice the date upon which such retirement will become effective.
Upon receipt of such notice the Governor shall notify the Comptroller
of such retirement and the effective date of the same.
(b) Any judge retiring under the provisions of this section shall,
after such retirement and for so long as he may live, be paid by the
State, out of the general funds in the State treasury, or out of such
funds as shall be appropriated for the purpose, annual compensation
in an amount equal to two-thirds of the annual salary being received
by him immediately prior to his retirement, if he retires after ten or
more consecutive years of service as judge of the Supreme Court of
Appeals, or an amount equal to two-thirds of the average annual
salary he would have received for the preceding ten years prior to his
retirement computed on the basis of the salary being received by him
as judge of the Supreme Court of Appeals immediately prior to the
date of his retirement and the then basic annual salary of the judge
of the circuit, corporation or city court of record, of which he was
once judge, if he retires after ten or more consecutive years of com-
bined service as judge of the Supreme Court of Appeals, and as judge
of a circuit, corporation or city court of record; such compensation
shall be paid by the State treasurer in monthly or semi-monthly in-
stallments, upon warrants of the Comptroller. ‘Basic annual salary’
as used in this section shall mean the salary paid out of the State
treasury regardless of whether the State is retrmbursed for any part
thereof or not.

(c) Vacancies caused by such retirements shall be filled in the
manner prescribed by law for filling vacancies otherwise occurring
on the Supreme Court of Appeals. No vacancy shall be deemed to
exist in the judiciary because of the death of any person in retire-
ment pursuant to the provisions of this section.