Substitute Senate Bill No. 54
          Substitute Senate Bill No. 54

              PUBLIC ACT NO. 98-197


AN  ACT  CONCERNING  THE  NUMBER  OF  JUDGES,  THE
SALARIES OF JUDGES  AND FAMILY SUPPORT MAGISTRATES
AND   THE   RETIREMENT    BENEFITS    OF   JUDGES,
COMPENSATION COMMISSIONERS AND PROSECUTORS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. Subsection (a) of section 51-165 of
the general statutes,  as  amended by section 8 of
public act 97-257,  is  repealed and the following
is substituted in lieu thereof:
    (a) (1) On  and  after [January] JULY 1, 1998,
the Superior Court  shall  consist  of one hundred
[seventy-seven] EIGHTY-ONE judges,  including  the
judges of the  Supreme  Court  and  the  Appellate
Court,  who shall  be  appointed  by  the  General
Assembly upon nomination of the Governor.
    (2) ON AND AFTER OCTOBER 1, 1998, THE SUPERIOR
COURT SHALL CONSIST  OF  ONE  HUNDRED EIGHTY-THREE
JUDGES, INCLUDING THE  JUDGES OF THE SUPREME COURT
AND THE APPELLATE COURT, WHO SHALL BE APPOINTED BY
THE  GENERAL  ASSEMBLY   UPON  NOMINATION  OF  THE
GOVERNOR.
    (3) ON AND AFTER JANUARY 1, 1999, THE SUPERIOR
COURT  SHALL CONSIST  OF  ONE  HUNDRED  EIGHTY-SIX
JUDGES, INCLUDING THE  JUDGES OF THE SUPREME COURT
AND THE APPELLATE COURT, WHO SHALL BE APPOINTED BY
THE  GENERAL  ASSEMBLY   UPON  NOMINATION  OF  THE
GOVERNOR.
    (4) ON AND AFTER OCTOBER 1, 1999, THE SUPERIOR
COURT  SHALL CONSIST  OF  ONE  HUNDRED  NINETY-ONE
JUDGES, INCLUDING THE  JUDGES OF THE SUPREME COURT
AND THE APPELLATE COURT, WHO SHALL BE APPOINTED BY
THE  GENERAL  ASSEMBLY   UPON  NOMINATION  OF  THE
GOVERNOR.
    (5) ON AND AFTER OCTOBER 1, 2000, THE SUPERIOR
COURT  SHALL CONSIST  OF  ONE  HUNDRED  NINETY-SIX
JUDGES, INCLUDING THE  JUDGES OF THE SUPREME COURT
AND THE APPELLATE COURT, WHO SHALL BE APPOINTED BY
THE  GENERAL  ASSEMBLY   UPON  NOMINATION  OF  THE
GOVERNOR.
    Sec. 2. Subsection (a) of section 51-47 of the
general  statutes, as  amended  by  section  4  of
public act 97-1 of the July 21 special session, is
repealed and the  following is substituted in lieu
thereof:
    (a) The judges  of  the Superior Court, judges
of the Appellate  Court  and judges of the Supreme
Court shall receive annually salaries as follows:
    [(1) On and  after July 1, 1996, (A) the Chief
Justice  of  the   Supreme   Court,   one  hundred
twenty-three  thousand  five  hundred  seventy-six
dollars; (B) the  Chief  Court Administrator if he
is a judge  of  the Supreme Court, Appellate Court
or Superior Court,  one  hundred eighteen thousand
sixty-eight dollars; (C)  each  associate judge of
the Supreme Court,  one  hundred thirteen thousand
forty-two dollars; (D)  the  Chief  Judge  of  the
Appellate Court, one  hundred  eleven thousand six
hundred dollars; (E)  each  judge of the Appellate
Court,  one  hundred  five  thousand  one  hundred
eleven  dollars;  (F)   the   Deputy  Chief  Court
Administrator if he  is  a  judge  of the Superior
Court,  one hundred  two  thousand  eight  hundred
seventy-seven dollars; and  (G)  each judge of the
Superior Court, one  hundred thousand four hundred
eleven dollars.
    (2)] (1) On and after October 1, 1997, (A) the
Chief Justice of  the  Supreme  Court, one hundred
twenty-six thousand forty-eight  dollars;  (B) the
Chief Court Administrator  if he is a judge of the
Supreme Court, Appellate  Court or Superior Court,
one hundred twenty  thousand  four  hundred thirty
dollars; (C) each  associate  judge of the Supreme
Court, one hundred  fifteen thousand three hundred
three  dollars;  (D)   the   Chief  Judge  of  the
Appellate  Court, one  hundred  thirteen  thousand
eight hundred thirty-two  dollars;  (E) each judge
of the Appellate Court, one hundred seven thousand
two hundred fourteen dollars; (F) the Deputy Chief
Court  Administrator if  he  is  a  judge  of  the
Superior Court, one  hundred  four  thousand  nine
hundred thirty-five dollars; and (G) each judge of
the Superior Court,  one hundred two thousand four
hundred twenty dollars.
    [(3)] (2) On  and  after  October 1, 1998, (A)
the  Chief  Justice  of  the  Supreme  Court,  one
hundred   twenty-eight   thousand   five   hundred
sixty-nine   dollars;   (B)    the   Chief   Court
Administrator if he  is  a  judge  of  the Supreme
Court,  Appellate Court  or  Superior  Court,  one
hundred   twenty-two   thousand    eight   hundred
thirty-nine dollars; (C)  each  associate judge of
the Supreme Court,  one hundred seventeen thousand
six hundred ten  dollars;  (D)  the Chief Judge of
the Appellate Court,  one hundred sixteen thousand
one hundred nine  dollars;  (E)  each judge of the
Appellate Court, one  hundred  nine thousand three
hundred fifty-nine dollars;  (F)  the Deputy Chief
Court  Administrator if  he  is  a  judge  of  the
Superior  Court,  one   hundred   seven   thousand
thirty-four dollars; and  (G)  each  judge  of the
Superior Court, one  hundred  four  thousand  four
hundred sixty-nine dollars.
    (3) ON AND  AFTER  OCTOBER  1,  1999,  (A) THE
CHIEF JUSTICE OF  THE  SUPREME  COURT, ONE HUNDRED
THIRTY-ONE THOUSAND ONE HUNDRED FORTY DOLLARS; (B)
THE CHIEF COURT  ADMINISTRATOR IF HE IS A JUDGE OF
THE SUPREME COURT,  APPELLATE  COURT  OR  SUPERIOR
COURT,  ONE  HUNDRED   TWENTY-FIVE   THOUSAND  TWO
HUNDRED  NINETY-SIX DOLLARS;  (C)  EACH  ASSOCIATE
JUDGE OF THE  SUPREME  COURT, ONE HUNDRED NINETEEN
THOUSAND NINE HUNDRED  SIXTY-TWO  DOLLARS; (D) THE
CHIEF JUDGE OF  THE  APPELLATE  COURT, ONE HUNDRED
EIGHTEEN THOUSAND FOUR HUNDRED THIRTY-ONE DOLLARS;
(E) EACH JUDGE OF THE APPELLATE COURT, ONE HUNDRED
ELEVEN THOUSAND FIVE  HUNDRED  FORTY-SIX  DOLLARS;
(F) THE DEPUTY  CHIEF COURT ADMINISTRATOR IF HE IS
A JUDGE OF  THE  SUPERIOR  COURT, ONE HUNDRED NINE
THOUSAND ONE HUNDRED SEVENTY-FIVE DOLLARS; AND (G)
EACH JUDGE OF  THE SUPERIOR COURT, ONE HUNDRED SIX
THOUSAND FIVE HUNDRED FIFTY-EIGHT DOLLARS.
    Sec. 3. Subsection  (h)  of section 46b-231 of
the general statutes, as amended by section 108 of
public act 97-2 of the June 18 special session, is
repealed and the  following is substituted in lieu
thereof:
    (h) [(1) On  and after July 1, 1996, the Chief
Family Support Magistrate  shall  receive a salary
of seventy-seven thousand  two hundred twenty-four
dollars,  and  other  family  support  magistrates
shall  receive an  annual  salary  of  seventy-two
thousand four hundred twenty-nine dollars.
    (2)] (1) On  and  after  October  1, 1997, the
Chief Family Support  Magistrate  shall  receive a
salary  of seventy-eight  thousand  seven  hundred
sixty-nine  dollars,  and   other  family  support
magistrates  shall receive  an  annual  salary  of
seventy-three thousand eight hundred seventy-eight
dollars.
    [(3)] (2) On  and  after  October 1, 1998, the
Chief Family Support  Magistrate  shall  receive a
salary of eighty thousand three hundred forty-five
dollars,  and  other  family  support  magistrates
shall receive an  annual  salary  of  seventy-five
thousand three hundred fifty-six dollars.
    (3) ON AND  AFTER  OCTOBER  1, 1999, THE CHIEF
FAMILY SUPPORT MAGISTRATE  SHALL  RECEIVE A SALARY
OF  EIGHTY-ONE  THOUSAND  NINE  HUNDRED  FIFTY-TWO
DOLLARS,  AND  OTHER  FAMILY  SUPPORT  MAGISTRATES
SHALL  RECEIVE AN  ANNUAL  SALARY  OF  SEVENTY-SIX
THOUSAND EIGHT HUNDRED SIXTY-THREE DOLLARS.
    Sec. 4. Section 51-49h of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a)  Any judge  of  the  Superior  Court,  the
Appellate Court or  the  Supreme  Court  who first
commenced service as  a  judge prior to January 1,
1981, may elect  to  receive the retirement salary
provided under subsection  (b)  of  section 51-50.
The surviving spouse  of  a deceased judge who has
made an election  under this section shall receive
the allowances provided  under  subsection  (b) of
section 51-51.
    (b) Any such  judge,  [or]  any family support
magistrate OR ANY COMPENSATION COMMISSIONER who is
a  veteran  may   receive  credit  for  retirement
purposes for military service, if such judge, [or]
family   support   magistrate    OR   COMPENSATION
COMMISSIONER  makes retirement  contributions  for
each   month  of   military   service   equal   to
one-twelfth of five  per  cent of his first year's
salary as a  judge  or  family  support magistrate
multiplied by the  total  number of months of such
military service, except  that  (1)  no retirement
contribution  shall  be  made  for  service  as  a
prisoner  of war,  and  (2)  no  credit  shall  be
allowed for military  service  to  any such judge,
[or]  family support  magistrate  OR  COMPENSATION
COMMISSIONER who has served less than ten years as
a  judge,  [or]   family   support  magistrate  OR
COMPENSATION COMMISSIONER, nor for more than fifty
per cent of  such military service or three years,
whichever is less.  Service  credit  for  military
service for retirement purposes other than service
as a prisoner  of  war  shall not be granted until
payment  of  contributions   is   completed.   Any
application for military service credit under this
section for service  as a prisoner of war shall be
accompanied by sufficient proof from the Veterans'
Administration  of the  United  States  that  such
judge or family  support  magistrate  is  a former
prisoner of war.
    (c) For purposes  of  this section: (1) "Armed
forces" means the United States Army, Navy, Marine
Corps, Coast Guard  and  Air  Force; (2) "veteran"
means any person  honorably  discharged  from,  or
released under honorable  conditions  from  active
service  in,  the   armed  forces;  (3)  "military
service" shall be  service  during  World  War II,
December 7, 1941, to December 31, 1946; the Korean
hostilities, June 27,  1950,  to October 27, 1953;
and the Vietnam  era,  January 1, 1964, to July 1,
1975, and shall  include  service as a prisoner of
war.
    Sec. 5. Section 51-50a of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) (1) The right of any judge, family support
magistrate  or  compensation   commissioner  to  a
retirement   salary   in   accordance   with   the
provisions  of this  section  shall  vest  and  be
nonforfeitable  when  the  judge,  family  support
magistrate or commissioner has attained the age of
sixty-five years, or  has served twenty years as a
judge, family support  magistrate  or compensation
commissioner or has  thirty years of state service
credit  under  the   provisions   of  chapter  66,
provided not less  than  ten  years  of such state
service was served  as  a  judge,  family  support
magistrate  or  compensation   commissioner,   and
provided such state  service shall not be used for
retirement   credit   under    chapter   66.   Any
contributions  made  under  chapter  66  shall  be
transferred   to  the   Judges,   Family   Support
Magistrates    and   Compensation    Commissioners
Retirement Fund. (2)  Any  judge,  family  support
magistrate or compensation  commissioner  who  has
been  refunded  contributions   from   the   state
employees retirement fund  for any prior period of
state service may  receive credit for such service
upon repayment of such refunded contributions with
interest thereon at  the rate of five per cent per
year from the  date  of  refund  to  the  date  of
payment.  The amount  of  such  payment  shall  be
transferred   to  the   judges,   family   support
magistrates    and   compensation    commissioners
retirement  system.  A   judge,   family   support
magistrate or commissioner  may elect to retire at
any  time  thereafter.   (3)  NOTWITHSTANDING  ANY
PROVISION OF THE  GENERAL  STATUTES, ANY JUDGE WHO
HAS SERVED FOR  AT  LEAST SIXTEEN YEARS AS A JUDGE
AND WAS NOMINATED BY THE GOVERNOR FOR A SUBSEQUENT
TERM BUT WAS  NOT REAPPOINTED AND WHO HAS ATTAINED
SIXTY-THREE YEARS OF  AGE,  SHALL  BE  ELIGIBLE TO
RECEIVE A RETIREMENT  SALARY  EFFECTIVE  UPON  THE
EXPIRATION OF HIS  TERM AS A JUDGE. THE RETIREMENT
SALARY  SHALL  BE  IN  THE  AMOUNT  EQUAL  TO  THE
FRACTION OF THE RETIREMENT SALARY SUCH JUDGE WOULD
HAVE RECEIVED HAD  HE SERVED UNTIL HE WAS ELIGIBLE
TO RETIRE WHICH CORRESPONDS TO THE RATIO WHICH THE
NUMBER OF YEARS  OF HIS COMPLETED SERVICE BEARS TO
THE NUMBER OF  YEARS  OF  SERVICE WHICH WOULD HAVE
BEEN COMPLETED AT  AGE SIXTY-FIVE OR TWENTY YEARS,
WHICHEVER IS LESS.
    (b) Each justice  or  judge  or family support
magistrate  who  retired  while  holding  judicial
office shall receive annually as retirement salary
an amount in  accordance  with  the  provisions of
section 51-50; and  each compensation commissioner
who  first commenced  service  as  a  compensation
commissioner  prior  to  January  1,  1981,  shall
receive,   annually,   as    retirement    salary,
two-thirds  of  the   salary   of  a  compensation
commissioner, and each  compensation  commissioner
who  first commenced  service  as  a  compensation
commissioner on or  after  January  1, 1981, shall
receive,   annually,   as    retirement    salary,
two-thirds   of  the   salary   the   compensation
commissioner was receiving  at  the time of his or
her retirement; except  that,  if  a judge, family
support  magistrate  or  commissioner  has  served
fewer than ten years at the time of his retirement
under this section, his retirement salary shall be
reduced in the  ratio which the number of years of
his completed service bears to the number of years
of service which  would have been completed at age
seventy, or ten years, whichever is less.
    Sec. 6. Subsection  (b)  of  section 51-278 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (b) (1) (A)  The  Criminal  Justice Commission
shall appoint two  deputy  chief state's attorneys
as assistant administrative  heads of the Division
of Criminal Justice,  one  of whom shall be deputy
chief state's attorney  for  operations and one of
whom shall be  deputy  chief  state's attorney for
personnel, finance and  administration,  who shall
assist the Chief  State's  Attorney in his duties.
The term of  office  of  a  deputy  chief  state's
attorney shall be  four  years  from July first in
the year of  appointment and until the appointment
and qualification of  a  successor  unless  sooner
removed by the  Criminal  Justice  Commission. The
Criminal Justice Commission  shall  designate  one
deputy chief state's  attorney  who  shall, in the
absence or disqualification  of  the Chief State's
Attorney, exercise the  powers  and  duties of the
Chief State's Attorney  until  such  Chief State's
Attorney resumes his  duties.  For the purposes of
this  subparagraph, [(A),]  the  Criminal  Justice
Commission means the  members  of  the  commission
other than the  Chief  State's  Attorney.  (B) The
Criminal  Justice  Commission   shall   appoint  a
state's attorney for  each  judicial district, who
shall act therein  as  attorney  in  behalf of the
state. The Criminal  Justice Commission shall also
appoint,  from  candidates   recommended   by  the
appropriate state's attorney  and deemed qualified
by  the  commission,  as  many  assistant  state's
attorneys and deputy  assistant  state's attorneys
on  a  full-time   or  part-time  basis  for  each
judicial district as  the criminal business of the
court,  in  the   opinion  of  the  Chief  State's
Attorney, may require,  and  the  commission shall
also appoint, from  candidates  recommended by the
Chief State's Attorney and deemed qualified by the
commission, as many  assistant  state's  attorneys
and  deputy assistant  state's  attorneys  as  are
necessary, in the  opinion  of  the  Chief State's
Attorney, to assist  the  Chief  State's Attorney.
Assistant state's attorneys  and  deputy assistant
state's attorneys, respectively,  shall assist the
state's attorneys for  the  judicial districts and
the Chief State's Attorney in all criminal matters
and,  in  the   absence   from   the  district  or
disability  of the  state's  attorney  or  at  his
request, shall have  and  exercise  all the powers
and perform all the duties of state's attorney. At
least three such  assistant  state's  attorneys or
deputy  assistant  state's   attorneys   shall  be
designated by the Chief State's Attorney to handle
all prosecutions in  the  state of housing matters
deemed to be  criminal.  Any  assistant  or deputy
assistant state's attorney  so  designated  should
have a commitment  to  the  maintenance of decent,
safe  and sanitary  housing  and,  to  the  extent
practicable, shall handle  housing  matters  on  a
full-time basis. At  least  one  assistant state's
attorney shall be  designated by the Chief State's
Attorney to handle  all  prosecutions in the state
of environmental matters  deemed  to  be criminal.
Any  assistant  state's   attorney  so  designated
should  have  a   commitment   to  protecting  the
environment and, to  the extent practicable, shall
handle environmental matters on a full-time basis.
(C) The Chief  State's  Attorney  may  promote any
assistant state's attorney,  or  deputy  assistant
state's  attorney  who   assists   him,   and  the
appropriate  state's  attorney   may  promote  any
assistant  state's attorney  or  deputy  assistant
state's attorney who assists such state's attorney
in the judicial district.
    (2) On and  after  July  1,  1985,  the  Chief
State's Attorney, deputy  chief state's attorneys,
state's attorneys, assistant state's attorneys and
deputy assistant state's  attorneys  shall receive
salaries in accordance  with  a  compensation plan
approved  by  the   Department  of  Administrative
Services.
    (3) Each state's  attorney  who,  on  June 30,
1973, was included  in  the provisions of sections
51-49, 51-287 and  51-288 may elect to continue to
be  so  included   and,   each  state's  attorney,
incumbent on July  1,  1978,  who was an assistant
state's attorney, chief  prosecuting  attorney  or
deputy  chief prosecuting  attorney  on  June  30,
1973, may elect  to be included in sections 51-49,
51-287 and 51-288,  and,  in  each  such case, the
Comptroller shall deduct  from his salary five per
cent thereof as  contributions for the purposes of
sections 51-49, 51-287  and  51-288,  provided any
person who has  so elected may thereafter elect to
participate in chapter  66  and thereupon his past
contributions to the State's Attorneys' Retirement
Fund shall be  transferred  to the State Employees
Retirement Fund and  he shall be credited with all
prior service. All  other  persons appointed under
the provisions of this section shall be subject to
the provisions of chapter 66.
    (4) EACH CHIEF  STATE'S ATTORNEY, DEPUTY CHIEF
STATE'S ATTORNEY OR  STATE'S  ATTORNEY  WHO (A) IS
INELIGIBLE TO ELECT  UNDER SUBDIVISION (3) OF THIS
SUBSECTION, (B) IS  NOT  SUBJECT TO THE PROVISIONS
OF CHAPTER 66,  AND (C) HAD VESTED UNDER THE STATE
EMPLOYEES   RETIREMENT   FUND,    PRIOR   TO   HIS
APPOINTMENT TO SUCH  OFFICE,  SHALL VEST UNDER THE
STATE    ATTORNEY'S    RETIREMENT     FUND    UPON
REAPPOINTMENT TO ANY  SUCH  OFFICE BY THE CRIMINAL
JUSTICE COMMISSION.
    [(4)] (5) The  several state's attorneys shall
each hold office  for  eight years from July first
and until the  appointment  and qualification of a
successor unless sooner  removed for just cause by
the Criminal Justice Commission.
    [(5)] (6) When  any  vacancy  in the office of
the Chief State's  Attorney  or  the  office  of a
state's attorney is  to  be filled, the commission
shall  make  its   appointment  from  the  various
recommendations of the  Chief  State's Attorney or
the appropriate state's attorney.
    [(6)] (7) Each  deputy  chief state's attorney
and state's attorney  incumbent  on  the  date  of
certification by the Secretary of the State of the
constitutional amendment concerning appointment of
state's attorneys, shall  serve the term for which
he had been appointed prior to said date.
    Sec. 7. Section 51-287 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) Each Chief  State's Attorney, deputy chief
state's attorney and  state's attorney who elected
under  the provisions  of  section  51-278  to  be
included in the provisions of this section and who
has attained the  age of sixty-five or who attains
the age of sixty-five while serving in office, and
each such Chief  State's  Attorney,  deputy  chief
state's attorney and  state's  attorney,  who  has
attained the age  of sixty and so elects or who so
elects on attaining  the  age  of  sixty  while so
serving,  shall  receive  annually  as  retirement
salary, for each  year  he  has served in any such
office, one-tenth of  two-thirds  of the salary of
the office which  he  held  at  the  time  of  his
retirement, as such  salary  may  be  changed from
time to time; but in no event more than two-thirds
of such salary.
    (b) Each such  attorney  shall, for retirement
purposes, be entitled to credit for any or all the
prior years of  service  accrued by him on July 1,
1978, while serving  in  the office of (1) state's
attorney,  (2)  assistant  state's  attorney,  (3)
public  defender  in   the   Superior  Court,  (4)
prosecuting attorney in the Court of Common Pleas,
(5) chief prosecuting  attorney  or  deputy  chief
prosecuting  attorney,  prosecuting   attorney  or
assistant  prosecuting  attorney  in  the  Circuit
Court, or (6)  public defender or assistant public
defender  in  the  Circuit  Court,  provided  such
attorney shall pay  to  the  Comptroller  five per
cent of the  salary  for his office for each prior
year of service  he  claims for retirement credit.
Each such attorney  shall  be entitled to have his
retirement contributions to  the  state  employees
retirement  system under  chapter  66  or  to  the
state's attorneys' retirement  system  under  this
section prior to July 1, 1973, credited toward the
payment due for the prior year or years of service
he claims for retirement credit hereunder.
    (c) If any such attorney resigns or is removed
from  office  before  his  retirement  under  this
section, he shall be entitled to the return of all
contributions made by  him  under  section 51-278,
without  interest thereon,  except  that,  if  the
attorney  has completed  at  least  ten  years  of
service creditable under  this section, he may, at
his option, elect  instead to receive a retirement
income on a reduced actuarial basis, as determined
by the Comptroller.
    (d) For purposes of determining the retirement
salary  of each  Chief  State's  Attorney,  deputy
chief state's attorney  or  state's attorney under
subsection (a) of  this  section and the allowance
payable to their  surviving  spouses under section
51-288, "salary of  the  office" shall be composed
of the total  of the following amounts: The annual
salary of the  office which he held at the time of
his retirement, as such salary may be changed from
time to time; and for each Chief State's Attorney,
deputy  chief  state's   attorney,   and   state's
attorney to whom a longevity payment has been made
or is due  and  payable,  in  each  instance under
section 51-287a, (1)  one and one-half per cent of
annual salary, as such salary may change from time
to time, for  those who have completed ten or more
but less than  fifteen years of service as a Chief
State's Attorney, deputy  chief  state's attorney,
[or]  state's  attorney   OR   ASSISTANT   STATE'S
ATTORNEY, (2) three  per cent of annual salary, as
such salary may  change  from  time  to  time, for
those who have  completed fifteen or more but less
than twenty years  of  service  as  Chief  State's
Attorney,  deputy  chief  state's  attorney,  [or]
state's attorney OR  ASSISTANT  STATE'S  ATTORNEY,
(3) four and  one-half  per cent of annual salary,
as such salary  may  change from time to time, for
those who have  completed  twenty or more but less
than  twenty-five years  of  service  as  a  Chief
State's Attorney, deputy  chief  state's attorney,
[or]  state's  attorney   OR   ASSISTANT   STATE'S
ATTORNEY, and (4)  six  per cent of annual salary,
as such salary  may  change from time to time, for
those who have completed twenty-five or more years
of service as  a  Chief  State's  Attorney, deputy
chief state's attorney,  [or]  state's attorney OR
ASSISTANT STATE'S ATTORNEY.
    (e) Any such  attorney  who  is  retired under
this section and  who  is  appointed a judge shall
not receive a  retirement  salary pursuant to this
section during the  period  such  retired attorney
serves as a judge.
    Sec. 8. This  act  shall  take  effect July 1,
1998.

Approved June 8, 1998