Commonwealth Consolidated Acts

JUDGES' PENSIONS ACT 1968 - SECT 6

             (1)  Where:

                     (a)  a Judge, other than a Papua New Guinea Judge, who has attained the age of 60 years; or

                     (b)  a Papua New Guinea Judge who has attained the age of 55 years;

retires after serving as a Judge for not less than 10 years, he or she is entitled to a pension in accordance with subsection 6A(2) or 6B(2).

             (2)  Where a Judge, not being a Judge to whom subsection (1) applies, retires, and the Attorney‑General certifies that the retirement is due to permanent disability or infirmity, he or she is entitled to a pension in accordance with subsection 6A(2) or 6B(2).

       (2AA)  A Judge (not being a Judge to whom subsection (1) applies) who has retired may apply to the Attorney‑General for a certificate under subsection (2) that his or her retirement was due to permanent disability or infirmity and, upon receipt of that application, the Attorney‑General shall:

                     (a)  if he or she is satisfied that the retirement of the Judge was due to permanent disability or infirmity--so certify under subsection (2); or

                     (b)  if he or she is not so satisfied--refuse so to certify.

          (2A)  Where a Papua New Guinea Judge, other than a Judge to whom subsection (1) or (2) applies, retires and is not re‑appointed as a Judge of the Supreme Court of Papua New Guinea, he or she is entitled:

                     (a)  if the Attorney‑General certifies that he or she is satisfied that his or her services as such a Judge were no longer required--to a pension in accordance with subsection 6A(2) or 6B(2); and

                     (b)  in any other case--to a pension in accordance with subsection 6A(3) or 6B(2).

          (2B)  Notwithstanding paragraph (b) of subsection (2A), where the Governor‑General determines that, by reason of special circumstances, a retired Judge who would, but for this subsection, be entitled under subsection (2A) to a pension in accordance with subsection 6A(3) or 6B(2) should receive a pension in accordance with subsection 6A(2) or 6B(2), the retired Judge is entitled to receive a pension accordingly.

          (2D)  Where:

                     (a)  a Judge, whether by reason of the terms of his or her appointment or otherwise, is to cease to hold office as a Judge upon his or her attaining a particular age;

                     (b)  he or she ceases to be a Judge upon his or her attaining that age;

                     (c)  at the time of his or her so ceasing, he or she had served as a Judge for not less than 6 years; and

                     (d)  he or she is not a person to whom subsection (1), (2), (2A) or (2B) applies;

he or she is entitled to a pension in accordance with subsection 6A(4) or 6B(2).