4                                 LAWS OF MARYLAND                         [CH. 1

Provided, however, that any elected judge who retired prior to
July 1, 1955, or who during the period from July 1, 1955, to July 1,
1962, voluntarily retired from active service after reaching the age
of sixty years and before reaching the age of seventy years, and has
resumed the practice of law, shall not be entitled to the increases in
salary or pension provided by this section, but shall be paid the salary
or pension at the rate provided before the passage of this section. A
judge who retires and accepts the pension or salary provided by this
section shall not during the period of such acceptance engage in the
practice of law. A judge who has been receiving the benefits pro-
vided by this section and who decides to engage in the practice of
law may notify the Governor and Comptroller of such fact, and on
the indicated date of his engaging in the practice of law his benefits
under this section shall cease and no longer be paid; and such a
judge shall never again be paid such benefits. In the event that a
retired judge who has never been paid benefits under this section
and who has been engaged in the practice of law should thereafter
relinquish such practice and notify the Governor and Comptroller
of the State of such fact, then, from and after the date of such
notification the judge shall be entitled to all the benefits provided by
this section. In the case of an elected judge who may serve on the
Court of Appeals subsequent or prior to service as a circuit court
judge for any of the counties or of the Supreme Bench of Baltimore
City, the amount of pension per annum shall be calculated according
to the total years of active service not exceeding sixteen at the
pension rate fixed herein. This section shall apply to all elected
judges already retired from active service except as provided herein.
Any former judge who accepts any salaried public office or position,
municipal, county, State or federal, shall not be paid any pension or
salary so long as he remains in such office or position. An elected
judge who because of incapacitating illness [is required to resign!
resigns his position prior to reaching his sixtieth birthday is entitled
to benefits under the provisions of this section immediately upon his
resignation, but in no event in a sum greater than was provided in
this section at the time he resigned; and except for a judge who has
resigned or who resigns because of incapacitating illness, no other
judge who has resigned or who resigns prior to reaching his sixtieth
birthday is entitled to any benefits under the provisions of this
section. The mayor and city council of Baltimore and the county
commissioners or county councils of the several counties are hereby
expressly authorized to levy for and pay additional pensions or
salaries to such former judges of the Court of Appeals, the Supreme
Bench of Baltimore City and the circuit courts of the counties who
served or may hereafter serve in the judicial circuits in which the
City of Baltimore or any county exercising the authority conferred
herein is located; and any such provision heretofore made is hereby
ratified and confirmed.

Sec. 2. And be it further enacted, That this Act is hereby declared
to be an emergency measure and necessary for the immediate preser-
vation of the public health and safety, and having been passed by a
yea and nay vote supported by three-fifths of the members elected to
each of the two houses of the General Assembly, the same shall take
effect from the date of its passage.

Approved February 10, 1965.