(a) When a duly appointed and acting messenger of any constituent court of the Judicial Department is retired under the provisions of section 5-162 because of having reached the age of seventy years, the person so retired may continue in the service of the court which appointed him as such messenger as an employee at the salary to which he was entitled at the date of his retirement unless the court, at its next annual meeting of judges following the effective date of his retirement, or at any proper meeting of the judges thereof thereafter, votes that his employment shall terminate.
(b) The existing retirement rights of any person so continuing in the employment of any constituent court of the Judicial Department as of the date when he became seventy years of age shall not be affected by his continuance in the employ of the court in such capacity thereafter, but additional rights or benefits shall not accrue to the benefit or interest of any person so continuing in employment.
(c) No such person may receive a retirement salary during the period of the continuance of his employment after his retirement.
(d) The provisions of any statute dealing with examinations, certifications and appointments to and separations from the service shall not apply to any such person so continuing in the employment of any court after his retirement.
(e) Immediately upon the retirement of such person the Comptroller shall record him as an employee and continue to pay his salary until receipt of certification from the Chief Justice that the employment has been terminated.
(1949, S. 3139d; 1959, P.A. 28, S. 96; February, 1965, P.A. 574, S. 38; P.A. 81-19, S. 2, 3; P.A. 82-248, S. 67.)
History: 1959 act extended application of section from superior and common pleas courts to any constituent court of judicial department; 1965 act corrected reference in first sentence from section 5-101 to 5-162; P.A. 81-19 deleted the prohibition on retired court messengers continuing in employment after age 75; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs. but made no substantive change.
See Sec. 5-164(d) re reemployment of retired messengers.
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