(a) Upon a three-fourths (3/4) vote of the board of trustees established under § 24-8-302, the fund established under § 24-8-301 et seq. may pay retirement benefits due the following persons:
(1) Former municipal court clerks who retired under retirement laws effective prior to March 23, 1973, and whose retirement benefits were paid from the city general fund; and
(2) The surviving spouse of a municipal judge who retired under retirement laws effective prior to March 23, 1973, and whose retirement benefits were paid from the city general fund.
(b) This section shall not repeal existing laws of this state relating to the retirement of municipal court judges and municipal court clerks but shall be cumulative to those laws. It shall in no manner affect the right or status of persons receiving or eligible to receive retirement benefits under § 24-8-301 et seq. or under retirement laws effective prior to March 23, 1973.
(c) In case the fund established by § 24-8-301 et seq. should ever be or become deficient to pay retirement benefits due any person or persons under § 24-8-301 et seq. and those benefits due under this section, the treasurer of the board of trustees shall verify the deficiency, which shall be met by payment from the general funds of the city and proportionately from the general funds of the county if the salary of the judge and the clerk is paid partially by the county until such time as the fund accumulates funds sufficient to pay benefits.
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