(a) If a judge to whom or to whose survivors benefits would be payable under Minnesota Statutes 2004, sections 490.101 to 490.12 , is elected or appointed to the court of appeals, that judge and the judge's survivors continue to be eligible for benefits under those sections and not under sections 490.121 to 490.126 . (b) In the case of a judge to whom paragraph (a) applies, the service of the judge in the court of appeals must be added to the prior service as district judge, probate judge, or judge of any other court of record in determining eligibility and the compensation of a judge of the court of appeals at the time of the judge's death, disability, or retirement is the "compensation allotted to the office" for the purposes of calculating benefit amounts. (c) All other judges of the court of appeals and their survivors are subject to the retirement and survivor's annuity provisions of this chapter.
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