AN ACT increasing the mandatory retirement age for justices and judges of the General Court of Justice and for magistrates from age 72 to age 75.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 7A‑4.20 reads as rewritten:

§ 7A‑4.20.  Age limit for service as justice or judge: exception.

No justice or judge of the General Court of Justice may continue in office beyond the last day of the month in which he the justice or judge attains his seventy‑second birthday, 75 years of age, but justices and judges so retired may be recalled for periods of temporary service as provided in Subchapters II and III of this chapter.

SECTION 2.  G.S. 7A‑170 reads as rewritten:

§ 7A‑170.  Nature of office and oath; age limit for service.

(a)        A magistrate is an officer of the district court. Before entering upon the duties of his the office, a magistrate shall take the oath of office prescribed for a magistrate of the General Court of Justice. A magistrate possesses all the powers of his the office at all times during his the magistrate's term.

(b)        No magistrate may continue in office beyond the last day of the month in which the magistrate reaches the mandatory retirement age for justices and judges of the General Court of Justice specified in G.S. 7A‑4.20.

SECTION 3.  G.S. 135‑57(b) reads as rewritten:

(b)      Any member who is a justice or judge of the General Court of Justice shall be automatically retired as of the first day of the calendar month coinciding with or next following the later of January 1, 1974, or his attainment of his seventy‑second birthday; provided, however, that no judge who is a member on January 1, 1974, shall be forced to retire under the provisions of this subsection at an earlier date than the last day that he is permitted to remain in office under the provisions of upon attainment of the mandatory retirement age specified in G.S. 7A‑4.20.

SECTION 4.  This act becomes effective December 1, 2021, and applies to justices, judges, and magistrates holding office or elected or appointed on or after that date.