Chap. 441.—An ACT to limit the present retirement privileges of judges of courts
of record and members of the State Corporation Commission and of the Indus-
trial Commission of Virginia to those judges and commissioners who contribute
to a fund to be known as the “Judges’ and Commissioners’ Retirement Fund”,
a certain percentage of their salaries, and to make certain retirement provisions
for judges and commissioners, otherwise ineligible, who are permanently inca-
pacitated, either mentally or physically, from discharging the duties of their
offices. [H B 475]

Approved April 6, 1942

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. There is hereby created a fund to be known as the
Judges’ and Commissioners’ Retirement Fund. All retirement salaries of
judges and commissioners paid pursuant to the provisions of this act, or
of sections thirty-four hundred and sixty-four, thirty-seven hundred and
seventy-five, or fifty-nine hundred and seventy-eight-a of the Code of
Virginia, or of section fifty-two-a of the Workmen’s Compensation Act,
shall first be paid out of said fund, and until said fund is exhausted no
such retirement salaries shall be paid from moneys appropriated out of the
general fund of the State treasury.

Section 2. Each judge embraced within the provisions of sections
thirty-four hundred and sixty-four and fifty-nine hundred and seventy-
eight-a, each member of the State Corporation Commission, and each
member of the Industrial Commission of Virginia shall pay to the State
Treasurer a percentage of his salary according to the following schedule:

Judges and commissioners forty years of age or less at the time this
act becomes effective, or at the time they hereafter take office, shall pay at
the rate of two per cent of their salaries.

Judges and commissioners more than forty and not more than fifty-
five years of age at said time shall pay at the rate of two and one-half per
cent of their salaries.
Judges and commissioners more than fifty-five years of age at said
time shall pay at the rate of three per cent of their salaries.

Section 3. In drawing warrants for the salary payments of such
judges and commissioners, the Comptroller shall deduct from the amount
of each such salary payment, beginning with the payments to be made
July fifteenth, nineteen hundred and forty-two, the percentage thereof
prescribed in section two of this act. Deductions to be made from the
salary payments of circuit, corporation, hustings and city court judges
shall be percentages of the total salary payments payable out of the State
treasury, whether the State treasury is to be reimbursed for any part
thereof or not.

Section 4. Notwithstanding any provisions of this act to the con-
trary, any such judge or commissioner may notify the Comptroller on or
before September first, nineteen hundred and forty-two, or within sixty
days after he takes office, that he elects not to make the payments to the
Judges’ and Commissioners’ Retirement Fund hereinabove provided for,
in which event every judge and commissioner so electing’ shall not there-
after be entitled to receive any retirement salary or any other benefit
provided for judges and commissioners under the provisions of this act
or under the provisions of sections thirty-four hundred and sixty-four,
thirty-seven hundred and seventy-five and fifty-nine hundred and seventy-
eight-a of the Code of Virginia, or of section fifty-two-a of the Workmen’s
Compensation Act, except as otherwise. provided in section five of this
act, nor shall any such judge or commissioner, once having so elected, be
thereafter eligible for any such retirement salary or benefits even though
he should make payments or contributions to said fund. Upon receipt of
any such notice, the Comptroller shall not make any further deductions
from the salary of the judge or commissioner giving said notice. If said
notice is given on or before September first, nineteen hundred and forty-
two, the Comptroller shall, by warrants drawn by him on the treasurer,
refund to such judge or commissioner any deductions theretofore made,
it being the purpose of this provision to allow each judge and each com-
missioner until September first, nineteen hundred and forty-two, before
he is required to make his election under this section. Judges and com-
missioners hereafter elected or appointed shall also be allowed sixty days
within which to determine whether they desire to make said payments or
contributions, and, if within said time they notify the Comptroller that
they elect not to do so, all deductions from their salaries theretofore made
shall be likewise refunded to them.

Section 5. Whenever the Supreme Court of Appeals of Virginia
shall have reasonable cause to believe that the judge of any court of record
in this State, or any member of the State Corporation Commission or the
Industrial Commission of Virginia, is afflicted with an illness or disability,
mental or physical, which renders such judge or commissioner perma-
nently incapacitated or incompetent to discharge the duties of his office,
it shall be the duty of the Court to enter an order directing an inquiry to
determine such judge’s or commissioner’s capacity and competency.
Reasonable notice of any hearing held by the Court in conducting such
inquiry shall be given to the judge or commissioner involved and also
to the Attorney General, who shall represent the Commonwealth in said
inquiry. Said inquiry shall be conducted by the Court under such rules
as it may prescribe. Should the Court, as a result of said inquiry, find
that such judge or commissioner due to illness or disability is perma-
nently incapacitated or incompetent properly to discharge the duties of
his office, the Court shall enter an order stating its findings, retiring such
judge or commissioner from office and declaring vacant the office held by
such judge or commissioner, and shall direct a certified copy thereof to
be transmitted to the Governor and to the Comptroller. If such judge or
commissioner has made the contributions as provided in section two of
this act, he shall be entitled to receive the retirement salary provided for
by section thirty-four hundred and sixty-four, thirty-seven hundred and
seventy-five, or fifty-nine hundred and seventy-eight-a of the Code, or
by section fifty-two-a of the Workmen’s Compensation Act, as the case
may be, regardless of his age or the length of time of his service.

Section 6. The Commonwealth shall contribute to the Judges’ and
Commissioners’ Retirement Fund during each biennium, beginning with
the biennium beginning July first, nineteen hundred and forty-four, a sum
equivalent to the aggregate amount contributed to such fund by judges
and commissioners during the preceding biennium. To this end provision
shall be made in each biennial general appropriation act for an appropria-
tion of the said amount. ,