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490.101 Retirement of district judges.

Subdivision 1. Retirement age (a) When a judge of the district court who has served for not less than 15 years as such judge, or as such judge and as judge of a court of record, arrives at the age of 70 years and makes written application to the governor for retirement, the governor shall direct the retirement by a written order.

(b) When a judge of the district court who has served for at least 24 years as such judge, and as judge of a court of record, arrives at the age of 65 years and makes written application to the governor for retirement, the governor shall direct the retirement by a written order.

Subd. 2. Incapacity. If a judge of the district court becomes mentally or physically incapacitated from performing official duties and the governor has determined that the judge shall be retired on the application of either the judge or of the legally appointed guardian of the judge or if a judge is retired by the supreme court because of a disability pursuant to section 490.16, subdivision 3, the judge shall be entitled to receive a disability benefit.

If the judge has served for not less than 15 years as a judge of district court, or as a judge of district court and as a judge of a court of record, the disabled judge shall be entitled to receive the maximum retirement allowance provided by law for a judge of the district court pursuant to section 490.102. If the judge has served less than the number of years required for the maximum retirement allowance pursuant to section 490.102 but for a period of not less than six years, the disabled judge shall be entitled to receive a retirement allowance in an amount equal to that portion of the maximum retirement allowance pursuant to section 490.102, that the years of service as a district court judge, or as a judge of district court and as a judge of a court of record, prior to retirement for disability, bears to the number of years required for the maximum retirement allowance of a district court judge. Years of service shall be determined only on the basis of a whole year and not on the basis of any fractional service.

Subd. 3. Vacancy. Upon the filing of such order in the office of the secretary of state, the office of such judge shall become vacant.

Subd. 4. Extension of term. When the term of any judge of the district court would expire three years or less from the time when the judge would become eligible to retire under the provisions of this section and section 490.102, upon written application by such judge to the governor stating an intention to retire upon eligibility, the governor shall forthwith make a written order accepting such retirement application, and extending the term of office for three years or such proportion thereof as may be necessary for eligibility for such retirement.

HIST: 1949 c 640 s 1; 1959 c 688 s 2; 1965 c 762 s 1,2; 1974 c 129 s 1; 1981 c 224 s 219; 1986 c 444

Official Publication of the State of Minnesota
Revisor of Statutes