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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE IV CIVIL SERVICE, RETIREMENTS AND PENSIONS
  • CHAPTER 32 RETIREMENT SYSTEMS AND PENSIONS
  • Section 65A Retirement or resignation of justices or judges

Section 65A. A chief justice or any associate justice of the appeals court, or any justice of the trial court of the commonwealth, who was appointed to any such judicial office prior to January second, nineteen hundred and seventy-five, and a chief justice or any associate justice of the supreme judicial court, and who shall be retired under Article LVIII of the Amendments to the Constitution shall thereupon be entitled to receive pension for life at an annual rate equal to three fourths of the annual rate salary payable to him at the time of such retirement, to be paid from the same source and in the same manner as the salaries of like judicial officers of his court are paid.

Said chief justice, justice, associate justice, judge, or associate judge of any such court or courts, subject to the above limitations and, who after having served in any such office or offices at least fifteen years continuously, notwithstanding that this continuous service may involve one or more appointments made subsequent to January second, nineteen hundred and seventy-five, and having attained the age of sixty-five years but not having attained the age of seventy years, shall retire from or resign his office, shall thereupon be entitled to receive a pension for life at an annual rate equal to three fourths of the annual rate of salary payable to him at the time of such resignation or retirement, to be paid from the same source and in the same manner as the salaries of like judicial officers of his court are paid. A chief justice, justice, associate justice, judge or associate judge of any such court who does not qualify for a pension under any of the foregoing provisions of this section upon his retirement under Article XCVIII of the Amendments to the Constitution at age seventy shall thereupon be entitled to receive a pension for life at an annual rate equal to ten per cent of three fourths of the salary of the office from which he retired at the time of such retirement or resignation multiplied by the number of years not exceeding ten, and fractions thereof consisting of a month or more which he has served in such office, or offices, to be paid from the same source and in the same manner as the salaries of like judicial officers of his court are paid. For the purposes of this paragraph a year of previous service as a special justice shall be computed by dividing the number of days of actual sittings in such capacity by two hundred and sixty, whether or not such sittings occurred in one calendar or fiscal year. A chief justice, justice, associate justice, judge or associate judge of any such court or courts shall be deemed to have served continuously, although a period not in excess of thirty days shall have intervened between the holding of one judicial office and the holding of another judicial office.

A justice of a district court who is retired under Article LVIII of the Amendments to the Constitution or who resigns in accordance with the provisions of this section, and who has served continuously for ten years prior to such retirement or resignation in the appellate division of a district court or in the superior court under the provisions of sections fourteen B to fourteen E, inclusive, of chapter two hundred and twelve, or corresponding provisions of earlier laws, or as a member of the administrative committee of the district courts, shall, in addition to all other amounts received under the provisions of this section, be entitled to receive a pension for life equal to three fourths of the average annual compensation paid him for such service during the ten years next preceding such retirement or resignation.

For the purposes of this section any chief justice, judge or justice appointed to the superior court, the land court, a housing court, the Boston municipal court, a juvenile court, a probate court or a district court who is holding office on July first, nineteen hundred and seventy-eight, shall be deemed to have been appointed to the trial court. Any such chief justice, justice or judge who is retired or who has resigned from any such court prior to July first, nineteen hundred and seventy-eight, shall continue to receive the pension he was entitled to receive at the time of such retirement or resignation.