CHAPTER 158

An Act to amend and reenact §§ 51-8, 51-12, 51-15, 51-18, as amended,
and 51-28.1 of the Code of Virginia relating to retirement of certain
judges and commissioners and to repeal §§ 51-8, 51-9, 51-10 as
amended, 51-11, 51-16 and 51-28.2 as amended, of the ‘Code of Virginia
relating to the same matters und to amend the Code of Virginia by
adding a new section entitled § 51-28.8.

[S 35]

Approved March 15, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 51-3, 51-12, 51-15, 51-18, as amended, and 51-28.1 of the
Code of Virginia be amended and reenacted as follows:

§ 51-3. (a) Any judge of a circuit court, or of any corporation
or city court of any city of the first class, who has attained the age of
sixty-five years and has served for not less than ten years as judge of
any one or more of such courts, * and any judge of any such circuit,
corporation or city court who has attained the age of sixty-two years
and has served for not less than twenty-five consecutive years as judge
of any one or more of such courts, may retire from active service upon
the bench.

(a-1) Notwithstanding the provisions of paragraph (a) of this sec-
tion or of any other provision of law to the contrary, any judge of a
circuit court, or of any corporation or city court of any city of the first
class who, on the thirty-first day of December, nineteen hundred sixty-
one, was participating in, and was in good standing under, the provisions
of this chapter and who, after such date, attained, or hereafter attains,
the age of sixty years and has, or shall have, served for not less than
twenty-five consecutive years as judge of any one or more of such courts,
may retire from active service upon the bench.

(b) Any judge of any circuit court, or of any corporation or city
court of any city of the first class, elected or appointed for the first time
after June thirtieth, nineteen hundred and fifty-four, and prior to March
first, nineteen hundred and sixty-two, shall retire from active service upon
attaining the age of seventy-five years, regardless of his years of such
service, and those elected or appointed for the first time after March
first, nineteen hundred and sixty-two, shall retire from active service upon
attaining the age of seventy years regardless of his years of service. In
either event such judge shall not be entitled to retired pay unless he has
served at least ten years.

(c) Each judge retiring under any of the provisions of this section
shall give the Governor notice in writing * stating in such notice the
basis of such retirement and the date upon which such retirement will
become effective. Upon receipt of such notice, the Governor shall notify
the Comptroller and the Chief Justice as to such retirement and the
effective date of the same.

51-12. (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 sixty-five years, and after not less than twleve years of service
as such judge or as such judge and as judge of any court of record of this
State, or, regardless of his age, after having completed twenty-five years
of service as such judge and as judge of any 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 June thirtieth, nineteen hundred
fifty-four, 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 * 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 date. :

51-15. (a) Any member of the State Corporation Commission
may retire therefrom at any time after having attained the age of sixty-
ne years and after not less than twleve years of service as a member

ereof.

(b) Any member of the State Corporation Commission, elected or
appointed for the first time after June thirtieth, nineteen hundred fifty-
four, shall retire from active service upon attaining the age of seventy-five
years, regardless of his years of such service.

(c) Any such member retiring under any of the provisions of this
section shall give the Governor notice in writing * stating in such notice
the basis of such retirement and the date upon which such retirement
will become effective. Upon receipt of such notice, the Governor shall
notify the Comptroller of such retirement and the effective date of the

e.

(d) Any such member so retiring 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 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.

(e) Any member of said Commission so retiring may, with his
consent, be called upon and authorized by the State Corporation Commis-
sion to perform such duties as may be assigned to him for a period of not
exceeding ninety days at any one time. During the performance of such
duties as may be thus assigned to him, such retired member shall have
all the powers, duties and privileges, of an unretired member of said
Commission, for the purposes for which he may be recalled, and shall
be reimbursed for all expenses incurred in the discharge of such duties.
This subsection shall not be applicable to any retired member of the
Commission engaged in the practice of law.
§ 51-18. (a) Any member of the Industrial Commission may re-
tire therefrom at any time after having attained the age of sixty-five
years and after not less than twelve years of service as a member thereof.

(b) Any member of the Industrial Commission, elected or appointed
for the first time after June thirtieth, nineteen hundred fifty-four, shall
retire from active service after attaining the age of seventy-five years,
regardless of his years of such service.

(c) Any such member retiring under any of the provisions of this
section shall give the Governor notice in writing * stating in such notice
the basis of such retirement and the date upon which such retirement will
become effective. Upon receipt of such notice, the Governor shall notify
the Comptroller of such retirement and the effective date of the same.

§ 51-28.1. A judge or commissioner who retires on account of
age * may, at the time of his notifying the Governor of his retirement,
elect, in lieu of the retirement salary in this chapter provided for, to
receive a last-survivor annuity, which is an annuity during his lifetime
and, after his death, annuity of an equal or lesser amount to his widow
during her lifetime. * A judge or commissioner who is retired for in-
capacity by order of the Supreme Court of Appeals may, by notifying
the Governor of hts election within thirty days after entry of the order
retiring him, elect, in lieu of the retirement salary in this chapter pro-
vided for, to receive a last-survivor annuity, which is an annuity during
his kfetime and, after his death, an annuity of .an equal or lesser amount
to his widow during her lifetime. The annuity or annuities shall be patd
tn the same manner as the retirement salary.

If a yudge or commissioner dies after making such election and before
the effective date of his retirement, or if he dies within thirty days after
entry of an order by the Court retiring him, or tf, at any time subsequent to
December thirty-one, nineteen hundred sixty-one, he dies in office at a
time when he could have retired under any of the provisions of §§ 51-8,
51-12, 51-15 or 51-18, he shall be deemed to have elected to receive as a
last-survivor annuity an annuity during his lifetime and, after his death,
an annuity of an equal amount to his widow during her lifetime, or widow-
hood which annuity shall be paid in the same manner as the retirement

Ty.

The present value or purchase price of the. last-survivor annuity,
computed upon the basis of the ages of the retiring judge or commissioner
and his wife on the actual date of his death or retirement, shall be the
mathematical or actuarial equivalent of the present value or purchase
price of a life annuity of the retirement salary of the retiring judge or
commissioner computed at his * then age. The Comptroller shall deter-
mine, based on the value of such annuity on * satd date, * the amount of
compensation payable to such retirant or his widow and the Treasurer
shall pay the same during their lives.

All computations under this section shall be upon the basis of such
annuity mortality table as is prescribed by statute as a minimum basis
for the valuation of annuity contracts issued by life insurance companies
in this State with interest at two and one-half per centum per
annum. * Such computations in the case of a judge or commissioner who
has died shall be made as if he had not died but had retired on the date
of his death.

§ 51-288. The widow of any judge who died in office after J uly one,
nineteen hundred sixty-four but prior to January one, nineteen hundred
sixty-five, and who had attained the age of sixty-three years and served
for not less than twenty consecutive years as judge of any circuit court,
or of any corporation or city court of a city of the first class shall be paid,
during her lifetime or widowhood, in the same manner as the retirement
salary, a survivor annuity commencing as of November eight, nineteen
hundred sixty-four computed on the same basis as if the judge had been
eligible to retire on the date of his death.

2. That §§ 51-8, enacted as Chapter 357, Acts of Assembly 1942, which
was continued in effect as § 51-8, Code of Virginia, 51-9, 51-10 as amended,
51-11, 51-16 and 51-28.2 as amended, of the Code of Virginia be repealed.
3. An emergency exists and this act is in force from its passage.