Chap. 222.—An ACT to amend the Code of Virginia by adding thereto a new
section numbered 5978-a, providing for the retirement of judges of circuit,
corporation and city courts, and providing for the compensation of, and
the performance of certain duties by, judges who so retire; and to repeal
an act entitled “An act to provide for the retirement of any judge of a
corporation or circuit court who shall have attained the age of eighty years
and who shall have served continuously as judge of said court for thirty
years, and to provide for their compensation”, approved March 28, 1928.

[S B 28]
Approved March 26, 1938

1. Be it enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding thereto a new section num-
bered fifty-nine hundred and seventy-eight-a, which new section shall
read as follows: .

Section 5978-a. Retirement of Judges——(a) Any judge of any cir-
cuit 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, may retire from active service
upon the bench, 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 as to 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 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 purpose, 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; 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 said judge may in like manner con-
tinue to pay to said judge so long as he may live three-fourths of
such supplemental salary in equal monthly instalments.

(c) Vacancies caused by such retirements shall be filled in the
manner 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 pro-
visions 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 under-
take.

2. Be it further enacted by the General Assembly of Virginia
that an act entitled “an act to provide for the retirement of any judge
of a corporation or circuit court who shall have attained the age of
eighty years and who shall have served continuously as judge of
said court for thirty years, and to provide for their compensation’,
approved March twenty-eighth, nineteen hundred and twenty-eight, be,
and it is hereby, repealed.