Chap. 30.—An ACT to amend and re-enact Section 5978-a of the Code of Vir-
ginia, relating to the retirement of judges of circuit courts and certain city
courts, the compensation to be paid such judges after retirement, and other
related matters, so as to provide for the retirement of certain judges who have
attained the age of seventy-five years, and the compensation to be paid them
after retirement. [fH B 4]]

Approved February 21, 1946

Be it enacted by the General Assembly of Virginia:

1. That section fifty-nine hundred seventy-eight-a of the Code of
Virginia be amended and re-enacted, 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-seven, and who has served
continuously from that date, regardless of the number of years of his
service, 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 re-
tirement and the effective date of 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 continue to pay to said judge so long as he may live
three-fourths of such supplemental salary in equal monthly tmstallments.
(c) Vacancies caused by such retirements shall be filled in the
ner prescribed by law for filling vacancies otherwise occurring in the
ciary. No vacancy shall be deemed to exist in the judiciary because
1e death of any judge in retirement pursuant to the provisions of this
ion.

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

(Ce) Any judge retiring under the provisions of this section who has
served as much as fifteen years shall receive three-fourths of the basic
ry received by him as judge on January first, nineteen hundred forty-