Chap. 233.—An ACT to amend and re-enact Section 3464 of the Code of Virginia,
as amended, relating to the retirement of judges of the Supreme Court of Ap-
peals. [H 207)

Approved March 15, 1944

Be it enacted by the General Assembly of Virginia:

1. That section thirty-four hundred sixty-four of the Code of Vir-
ginia, as amended, be amended and re-enacted, as follows:

Section 3464. (a) Any judge of the Supreme Court of Appeals
of Virginia may retire from the bench at any time after having attained
the age of seventy years and after not less than ten consecutive years ot
service as such judge or as such judge and as judge of any circuit, cor-
poration or city court of record of this State, upon giving the Governor
notice in writing of his intention so to do, stating in the notice the date
upon which the retirement will become effective. Upon receipt of the
notice the Governor shall notify the Comptroller of the retirement and its
effective date.

(b) Any judge retiring under the provisions of this section shall,
after retirement and for so long as he lives, be paid by the State, out of
the general funds in the State treasury, or out of such funds as are
appropriated for the purpose, annual compensation in an amount equal
to three-fourths of the annual salary being received by him immedi-
ately prior to his retirement, if he retires after ten or more consecu-
tive years of service as judge of the Supreme Court of Appeals, or in
an amount equal to three-fourths 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 retire-
ment and the then basic annual salary of the judge of the circuit, corpora-
tion or city court of record, of which he was once judge, if he retires after
ten or more consecutive years of combined 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 installments, 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 1s rermbursed 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 retirement pursuant to
the provisions of this section.