Chap. 539.—An ACT to amend and reenact Section 5978-a, as amended, of the
Code of Virginia providing for the retirement of certain judges; and the
compensation to be paid such retired judges. {S 176]

Approved April 6, 1948

Be it enacted by the General Assembly of Virginia:

1. That section fifty-nine hundred seventy-eight-a, as amended, of
the Code of Virginia, be amended and reenacted as follows:

Section 5978-a. Retirement of judges—(a) Any judge of any

circuit court, or of any corporation or city court of any city of the first
class of this State, who has attained the age of seventy years and has
served not less than fifteen years as judge of any circuit court, or as
judge of any corporation or city court of record of this State, or of any
two or more of such courts, or any judge of any circuit court, or of any
corporation or city court of any city of the first class, of this State, who
has attained the age of seventy-five years, and who was commissioned
prior to April first, nineteen hundred thirty-eight, and who has served
continuously from that date, regardless of the number of years of his
service, or any judge of any circuit, corporation or city court who has
attained the age of sixty years and who has served not less than twenty-
five years as Judge of any such court, may retire from active service
upon the bench, upon giving the Governor notice in writing of his inten-
tion 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 as to such retirement and the effective date of
same.
(b) Any judge retiring or who has retired under the provisions of
this section shall, after July one, nineteen hundred forty-eight and for as
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 pur-
pose, annual compensation in an amount equal to three-fourths of the
basic annual salary being received by him as judge immediately prior
to his retirement, provided, however, if retirement is prior to the attain-
ment of age seventy such annual compensation shall be reduced to the
amount which bears the same proportion to such annual compensation
that the then value of a life annuity to commence at age seventy bears to
the then value of a life annuity to commence at retirement age, such
values to be calculated on the basis of the mortality table and rate of
interest employed in the calculation of the “State Annuity Reserve” for
clerical and administrative employees under the Virginia Retirement
System at the date of such retirement; such compensation shall be paid
by the State Treasurer in monthly or semi-monthly installments, upon
warrants drawn by 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 reimbursed for any part thereof or not; and in
addition thereto any city supplementing the salary of such judge may in
like manner continue to pay such judge so long as he may live three-
fourths of such supplemental salary in equal monthly installments.
(c) Vacancies caused by such retirement shall be filled in the man-
ner prescribed by law for filling vacancies otherwise occurring in the
judiciary. No vacancy shall be deemed to exist in the judiciary because of
the death of any judge in retirement pursuant to the provisions of this
section.

(d) Any judge, retiring under the provisions of this section may
be called upon by the Chief Justice of the Supreme Court of Appeals,
and be by the Chief Justice of such court authorized, to perform such
judicial duties in the circuit, corporation and city courts of record, or
any of them, as such retired judge may be willing and able to undertake.