When is retirement required, without forfeiture of retirement benefits, of a judge first elected to the judiciary at the General Election in 1966 and continuously elected and born October 3, 1917? He must retire before January 1, 1989. Act 289 of 1985 24-8-215 24-8-216 24-8-217

} STEVE CLARK ATTORNEY GENERAL STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 OPINION NO. 85-139 June 18, 1985 Honorable Tom F. Digby Circuit Judge Pulaski County Courthouse Little Rock, AR 72201 Dear Judge Digby: (501) 371-2007 This is in response to your request for an opinion regarding Act 289 of 1985. Your guestion is as follows: When is retirement required, without forfeiture of retirement benefits, of’ a judge (1) first elected to the judiciary at the General Election in 1966, and continuously elected, and (2) born October 3, 1917. In addition, we understand that the judge's current term will expire on December 31, 1986. Act 289, amending Ark. Stat. Ann. §22-902(a), provides: (a) Right to Retirement. ... In instances where the office held by such judge first elected after July 1, 1965 will be on the ballot at the first general election immediately following the judge's seventieth (70th) birthday, the judge shall forfeit all rights to draw retirement benefits under this Act if: (1) the judge continues to serve after Janu- ary 1 of the year immediately following the general election and (2) the judge does not at least one year before the date of the general election notify the Secretary of State that the judge intends not to seek re-election. In instances where the office held by such judge first elected after July 1, 1965 will not be on the ballot at the first general elec- tion immediately following the judge's seventieth birthday, the judge shall forfeit all rights to draw retirement benefits under this Act if the judge continues to serve past January 1 immediately following that general election. ... Honorable Tom F. Digby June 18, 1985 , Page 2 a The first general election after the judge's seventieth birthday on October 3, 1987, is in November, 1988. The judge's term would not expire until December 31, 1990. The office held by the judge would not be on the ballot at the first general election after the judge's seventieth birthday. Therefore, the judge must retire on or before January 1, 1989, in order to receive retirement benefits under Act 289. This opinion which I hereby approve was prepared by Assistant Attorney General Thomas S. Gay. Sincerely, bute STEVE ARK Attorney General JSC:TSG:jk