Chap. 368.—An ACT to amend the Code of Virginia by adding a new section
numbered 5978-b, to provide for retirement and compensation of judges under
certain circumstances. [H B 416]

Approved April 1, 1942

1. Be it enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding a new section numbered fifty-
nine hundred and seventy-eight-b, as follows:

Section 5978-b. Retirement of Disabled 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 sixty-five years and
has served not less than seven 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, and who becomes permanently disabled, so as
not to be able to perform the duties of his office, and who shall be certified
by the Supreme Court of Appeals of Virginia as being so disabled, 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 subsection (a) of this
section shall, after such retirement and for as long as he lives, 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 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 install-
ments, 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 continue to pay to said judge so long as he may live
two-thirds 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.