California, United States of America
The following excerpt is from McGrath v. Judges Ret. Sys., G057354 (Cal. App. 2019):
Appellants contend that the "effective date of retirement" is the date on which a judge begins to receive retirement benefits. The clear language of section 75025 defeats this argument. That statute provides, in relevant part: "Upon the effective date of the retirement of any judge, the judicial office from which he or she has retired shall become vacant, and a successor shall thereupon be appointed to fill the vacancy." ( 75025.) If the effective date of the retirement was the date on which the judge began receiving retirement benefits, the judicial office would not become vacant until that date. In construing statutes, we must avoid absurd or unworkable results. (Smith v. Superior Court (2006) 39 Cal.4th 77, 83.) Further, the fact that section 75033.5 specifically addresses deferred retirement benefits prevents this court from reading into section 75025 a separate deferred retirement benefit provision.
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