Raymond J. and Jacquelyn M. Byrne - Page 7




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               Chief Justice or Acting Chief Justice and the Commission on            
               Judicial Performance, be retired from office.  * * *                   
                                                                                     
                         *    *    *    *    *    *    *                              
               75061.  Disability retirement; prerequisites.                          
                    (a)  Any person who becomes a judge during the period             
               of January 1, 1980, through December 31, 1988, shall not be            
               eligible to be retired for disability unless the judge is              
               credited with at least two years of judicial service or                
               unless the disability is a result of injury or disease                 
               arising out of and in the course of judicial service.                  
          Judges who are retired under CGC sections 75025 and 75060(a) are            
          eligible for benefits which are calculated and paid pursuant to             
          article 3.6, Benefits Payable, CGC sections 75075 (West 1993) and           
          75076(a) (West Supp. 2002):                                                 
               75075.  Election of benefits.                                          
                    Any judge hereafter retiring pursuant to Section 75025            
               or 75060 may elect to receive the benefits accorded by this            
               article if he or she retires for service or disability prior           
               to the end of the term of office during which he or she                
               attains the age of 70 years.                                           
                         *    *    *    *    *    *    *                              
               75076.  Retirement allowances; contributions for prior                 
                    service.                                                          
                    (a)  A judge who qualifies, as prescribed in Section              
               75075, to receive the benefits accorded by this article                
               shall receive a retirement allowance equal to 65 percent of            
               the salary payable, at the time payment of the allowance               
               falls due, to the judge holding the judicial office to which           
               he or she was last elected or appointed; except that if upon           
               retirement a judge has received credit for 20 or more years            
               of service rendered prior to the expiration of the time                
               within which the judge is eligible to elect to receive the             
               benefits accorded by this article and for which he or she              
               has contributed to the Judges’ Retirement Fund his or her              
               retirement allowance shall equal 75 percent of that salary.            






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