CHAPTER 634

An Act to amend and re-enact Sections 51-12 and 51-18 in Article 3,
Chapter 2, Title 51, of the Code of Virginia, relating to retirement of
Judges of the Supreme Court of Appeals, so as to provide for earlier
retirement and to require retirement under certain conditions and to
authorize recall of retired Judges to active duty and to make provi-
sion for appropriate facilities, expenses and compensation therefor.

[S 226]

Approved April 7, 1954
Be it enacted by the General Assembly of Virginia:
1. That §§ 51-12 and 51-13, in Article 3, Chapter 2, of Title 51, of the

Code of Virginia be amended and re-enacted as follows:

§ 51-12. Any judge of the Supreme Court of Appeals of Virginia
may retire from the bench at any time after having attained the age of *
sixty-five years, and after not less than * twelve years of service as such
judge or as such judge and as judge of any circuit, corporation or city
court of record of this State. *

(b) Any judge of the Supreme Court of Appeals of Virginia, elected
or appointed for the first time after the effective date of this act, shall retire
from active service upon attaining the age of seventy-five years, regardless
of his years of such service.

(c) Each judge retiring under any of the provisions of this section
shall give the Governor notice in writing at least 90 days in advance of
such retirement, stating in the notice the basis of such retirement, and
the date upon which it will become effective. Upon receipt of * such notice,
the Governor shall notify the Comptroller of the retirement and its effective

ate.

§ 51-13. (a) Any such judge retiring under the provisions of this
article, shall, after 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 * paid him
by the State immediately prior to his retirement. * Such compensation shall
be paid by the State Treasurer in equal monthly * installments, upon
warrants of the Comptroller. *

(b) Whenever the Supreme Court of Appeals deems it to be in the
public interest, for the expeditious disposition of the business of the Court,
wt may, with his consent, recall to active duty any retired Judge of the
Supreme Court of Appeals to perform such judicial functions of the Court
as may be assigned to him for a period of not exceeding ninety days at
any one time. Such retired judge so recalled to active duty, shall have
all the powers, duties and privileges, of an unretired judge of the Supreme
Court of Appeals for the purposes for which he may be recalled, and shall
be furnished an office, office supplies, and stenographer. and shall be
reimbursed for all expenses incurred in the discharge of his duties. This
subsection shall not be applicable to any retired judge engaged in the
practice of law.