JUDGES' PENSIONS REGULATIONS 1998 - made under the Judges' Pensions Act 1968 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Regulations [see Note 1] 2. Commencement [see Note 1] 3. Definitions PART 1A--AGE FACTOR 3A. Age factor PART 2--NOTIONAL SURCHARGEABLE CONTRIBUTIONS FACTORS 4. Notional surchargeable contributions factors PART 3--SUPERANNUATION PAYMENT SPLIT (PART VIIIB, FAMILY LAW ACT 1975) 5. Accrued benefit multiples SCHEDULE 1A Age factor SCHEDULE 1 Male Judge SCHEDULE 2 Female Judge JUDGES' PENSIONS REGULATIONS 1998 - REG 1 Name of Regulations [see Note 1] These Regulations are the Judges' Pensions Regulations 1998. JUDGES' PENSIONS REGULATIONS 1998 - REG 2 Commencement [see Note 1] These Regulations commence on gazettal. JUDGES' PENSIONS REGULATIONS 1998 - REG 3 Definitions In these Regulations: "Act" means the Judges' Pensions Act 1968. JUDGES' PENSIONS REGULATIONS 1998 - REG 3A Age factor (1) For subsection 6C (4) of the Act, the age factor is worked out using the following formula: where: "ay" is the factor mentioned in Schedule 1A that applies to the Judge's gender and age on retirement. ay+1 is the factor mentioned in Schedule 1A that applies to the Judge's gender and age, as if the Judge were 1 year older on retirement. "d" is the number of days starting at the start of the day after the Judge's last birthday and ending at the end of the day he or she retires. Note d is equal to zero if the Judge retires on his or her birthday. (2) In this regulation: "age" is taken to be the Judge's age at his or her last birthday before or on retirement. JUDGES' PENSIONS REGULATIONS 1998 - REG 4 Notional surchargeable contributions factors (1) For subsection 19 (2) of the Act, the notional surchargeable contributions factor that applies to a male Judge for a financial year is the percentage set out in Schedule 1 that is worked out according to: (a) the Judge's period of service as a Judge, in whole years, at the end of the financial year; and (b) the Judge's age, on the Judge's latest birthday, at the end of the financial year. (2) For subsection 19 (2) of the Act, the notional surchargeable contributions factor that applies to a female Judge for a financial year is the percentage set out in Schedule 2 that is worked out according to: (a) the Judge's period of service as a Judge, in whole years, at the end of the financial year; and (b) the Judge's age, on the Judge's latest birthday, at the end of the financial year. Note These Regulations are subject to the application provision in item 21 of Schedule 5 to the Superannuation Legislation Amendment (Superannuation Contributions Tax) Act 1997.] JUDGES' PENSIONS REGULATIONS 1998 - REG 5 Accrued benefit multiples (1) For Part VIIIB of the Family Law Act 1975, and regulations made under that Act, the following accrued benefit multiples are prescribed in relation to the entitlement of a Judge to a pension under the Judges' Pensions Act 1968: (a) at separation -- the number equal to the time, in days, of qualifying service as a Judge served when separation occurs; (b) at payment: (i) for a Judge to whom subsection 6 (2) of the Act does not apply-- the number equal to the time, in days, of service as a Judge served at the time when the Judge becomes, in regard to his or her service, entitled to a pension under the Act; and (ii) for a Judge to whom subsection 6 (2) of the Act applies -- the number equal to the minimum time, in days, of service that the Judge would have had to serve in order to become, in regard to his or her service, entitled to a pension under the Act if that subsection did not apply. (2) In this regulation: "qualifying service as a Judge" means service counting towards qualifying the Judge for entitlement to pension under the Act.Note For application of the multiplier, see, in particular, regulations 19 and 26 of the Family Law (Superannuation) Regulations 2001. JUDGES' PENSIONS REGULATIONS 1998 - SCHEDULE 1A Age factor (regulation 3A) Age Male Female 40 29.073 29.172 41 28.757 28.856 42 28.434 28.531 43 28.102 28.198 44 27.761 27.856 45 27.412 27.506 46 27.054 27.148 47 26.686 26.780 48 26.310 26.404 49 25.924 26.019 50 25.529 25.625 51 25.124 25.220 52 24.710 24.807 53 24.285 24.384 54 23.850 23.952 55 23.405 23.510 56 22.949 23.059 57 22.483 22.598 58 22.006 22.128 59 21.519 21.647 60 21.022 21.156 61 20.515 20.655 62 19.998 20.144 63 19.472 19.622 64 18.937 19.090 65 18.393 18.548 66 17.840 17.997 67 17.279 17.438 68 16.710 16.872 69 16.134 16.297 70 15.550 15.716 JUDGES' PENSIONS REGULATIONS 1998 - SCHEDULE 1 Male Judge (subregulation 4 (1)) Part 1 0 to 9 Years of Service Age of Years of service judge 0 1 2 3 4 5 6 7 8 9 30 14.4% 31 15.4% 14.9% 32 16.5% 15.9% 15.4% 33 17.6% 17.0% 16.4% 15.9% 34 18.9% 18.2% 17.5% 16.9% 16.3% 35 20.2% 19.4% 18.7% 18.1% 17.4% 16.8% 36 21.7% 20.8% 20.0% 19.3% 18.6% 18.0% 17.4% 37 23.3% 22.4% 21.5% 20.7% 19.9% 19.2% 18.5% 17.9% 38 25.1% 24.1% 23.1% 22.1% 21.3% 20.5% 19.8% 19.1% 18.4% 39 27.1% 25.9% 24.8% 23.7% 22.8% 21.9% 21.1% 20.4% 19.7% 19.0% 40 29.3% 27.9% 26.7% 25.5% 24.5% 23.5% 22.6% 21.7% 21.0% 20.2% 41 31.8% 30.3% 28.8% 27.5% 26.3% 25.2% 24.2% 23.3% 22.4% 21.6% 42 34.7% 32.8% 31.2% 29.7% 28.3% 27.1% 26.0% 24.9% 24.0% 23.1% 43 37.8% 35.7% 33.8% 32.1% 30.6% 29.2% 27.9% 26.8% 25.7% 24.7% 44 41.4% 38.9% 36.8% 34.9% 33.1% 31.5% 30.1% 28.8% 27.6% 26.5% 45 45.5% 42.7% 40.2% 37.9% 35.9% 34.1% 32.5% 31.0% 29.7% 28.4% 46 50.3% 46.9% 44.0% 41.4% 39.1% 37.0% 35.2% 33.5% 32.0% 30.6% 47 55.8% 51.8% 48.4% 45.3% 42.7% 40.3% 38.2% 36.3% 34.6% 33.0% 48 62.3% 57.5% 53.4% 49.9% 46.7% 44.0% 41.6% 39.4% 37.4% 35.6% 49 70.0% 64.2% 59.2% 55.0% 51.3% 48.1% 45.3% 42.8% 40.5% 38.5% 50 79.3% 72.1% 66.1% 61.0% 56.6% 52.9% 49.6% 46.6% 44.1% 41.7% 51 77.9% 81.6% 74.2% 68.0% 62.8% 58.3% 54.4% 51.0% 48.0% 45.3% 52 76.4% 80.1% 83.9% 76.3% 70.0% 64.6% 60.0% 56.0% 52.5% 49.4% 53 75.0% 78.6% 82.3% 86.3% 78.5% 71.9% 66.4% 61.7% 57.6% 53.9% 54 73.6% 77.1% 80.8% 84.7% 88.8% 80.7% 74.0% 68.3% 63.4% 59.2% 55 72.3% 75.7% 79.2% 83.0% 87.0% 91.3% 83.0% 76.0% 70.2% 65.2% 56 71.1% 74.3% 77.7% 81.4% 85.3% 89.4% 93.8% 85.2% 78.1% 72.1% 57 69.8% 72.9% 76.2% 79.8% 83.6% 87.6% 91.8% 96.3% 87.6% 80.3% 58 68.6% 71.5% 74.7% 78.2% 81.8% 85.7% 89.8% 94.2% 98.9% 89.9% 59 67.3% 70.1% 73.2% 76.5% 80.0% 83.8% 87.8% 92.1% 96.6% 101.4 % 60 65.8% 68.5% 71.5% 74.7% 78.1% 81.8% 85.7% 89.9% 94.3% 99.1% 61 66.8% 67.8% 69.7% 72.8% 76.1% 79.7% 83.5% 87.6% 92.0% 96.7% 62 67.8% 68.8% 69.8% 70.8% 74.0% 77.5% 81.3% 85.3% 89.6% 94.2% 63 68.7% 69.8% 70.8% 71.8% 71.9% 75.3% 79.0% 83.0% 87.2% 91.7% 64 69.8% 70.8% 71.9% 73.0% 74.0% 73.1% 76.7% 80.6% 84.7% 89.2% 65 71.9% 73.0% 74.0% 75.1% 76.2% 74.3% 78.1% 82.2% 86.6% 66 74.1% 75.2% 76.3% 77.4% 78.5% 75.7% 79.7% 84.1% 67 77.3% 78.4% 79.6% 80.7% 81.8% 77.9% 82.3% 68 79.9% 81.1% 82.2% 83.3% 84.5% 79.6% 69 82.7% 83.9% 85.0% 86.2% 87.4% Part 2 10 to 19 Years of Service Age of Years of service judge 10 11 12 13 14 15 16 17 18 19 40 19.6% 41 20.9% 20.2% 42 22.3% 21.5% 20.8% 43 23.8% 22.9% 22.2% 21.4% 44 25.5% 24.5% 23.7% 22.8% 22.1% 45 27.3% 26.3% 25.3% 24.4% 23.5% 22.8% 46 29.3% 28.2% 27.1% 26.1% 25.1% 24.3% 23.5% 47 31.6% 30.2% 29.0% 27.9% 26.9% 25.9% 25.0% 24.2% 48 34.0% 32.5% 31.2% 29.9% 28.8% 27.7% 26.7% 25.8% 24.9% 49 36.7% 35.0% 33.5% 32.1% 30.8% 29.6% 28.5% 27.5% 26.6% 25.7% 50 39.6% 37.8% 36.0% 34.5% 33.0% 31.7% 30.5% 29.4% 28.3% 27.3% 51 42.9% 40.8% 38.9% 37.1% 35.5% 34.0% 32.6% 31.4% 30.2% 29.1% 52 46.6% 44.2% 42.0% 40.0% 38.2% 36.5% 35.0% 33.6% 32.3% 31.1% 53 50.8% 48.0% 45.4% 43.2% 41.1% 39.2% 37.5% 36.0% 34.5% 33.2% 54 55.5% 52.2% 49.3% 46.7% 44.4% 42.3% 40.3% 38.6% 37.0% 35.5% 55 60.8% 57.0% 53.7% 50.7% 48.0% 45.6% 43.4% 41.5% 39.7% 38.0% 56 67.0% 62.5% 58.6% 55.2% 52.1% 49.4% 46.9% 44.7% 42.6% 40.8% 57 74.1% 68.8% 64.2% 60.2% 56.7% 53.5% 50.7% 48.2% 45.9% 43.8% 58 82.4% 76.0% 70.6% 65.9% 61.8% 58.2% 54.9% 52.0% 49.4% 47.1% 59 92.2% 84.5% 78.0% 72.4% 67.6% 63.4% 59.7% 56.3% 53.4% 50.7% Part 3 20 to 29 Years of Service Age of Years of service judge 20 21 22 23 24 25 26 27 28 29 50 26.4% 51 28.1% 27.2% 52 30.0% 28.9% 28.0% 53 32.0% 30.8% 29.8% 28.8% 54 34.1% 32.9% 31.7% 30.6% 29.6% 55 36.5% 35.1% 33.8% 32.6% 31.5% 30.4% 56 39.1% 37.5% 36.1% 34.7% 33.5% 32.3% 31.3% 57 41.9% 40.1% 38.5% 37.0% 35.7% 34.4% 33.2% 32.1% 58 44.9% 43.0% 41.2% 39.5% 38.0% 36.6% 35.3% 34.1% 32.9% 59 48.3% 46.1% 44.1% 42.3% 40.6% 39.0% 37.6% 36.2% 35.0% 33.8% JUDGES' PENSIONS REGULATIONS 1998 - SCHEDULE 2 Female Judge Subregulation 4 (2) Part 1 0 to 9 Years of Service Age of Years of service judge 0 1 2 3 4 5 6 7 8 9 30 14.0% 31 15.0% 14.5% 32 16.0% 15.5% 15.0% 33 17.2% 16.6% 16.0% 15.5% 34 18.4% 17.7% 17.1% 16.5% 15.9% 35 19.8% 19.0% 18.3% 17.6% 17.0% 16.5% 36 21.2% 20.4% 19.6% 18.9% 18.2% 17.6% 17.0% 37 22.8% 21.9% 21.0% 20.2% 19.4% 18.8% 18.1% 17.5% 38 24.6% 23.6% 22.6% 21.7% 20.8% 20.1% 19.3% 18.7% 18.1% 39 26.6% 25.4% 24.3% 23.3% 22.3% 21.5% 20.7% 19.9% 19.3% 18.6% 40 28.8% 27.4% 26.2% 25.0% 24.0% 23.0% 22.2% 21.3% 20.6% 19.9% 41 31.2% 29.7% 28.3% 27.0% 25.8% 24.7% 23.7% 22.8% 22.0% 21.2% 42 34.0% 32.2% 30.6% 29.1% 27.8% 26.6% 25.5% 24.5% 23.5% 22.7% 43 37.1% 35.1% 33.2% 31.6% 30.0% 28.7% 27.4% 26.3% 25.2% 24.3% 44 40.6% 38.2% 36.1% 34.2% 32.5% 31.0% 29.6% 28.3% 27.1% 26.0% 45 44.7% 41.9% 39.4% 37.2% 35.3% 33.5% 31.9% 30.5% 29.1% 27.9% 46 49.3% 46.1% 43.2% 40.6% 38.4% 36.4% 34.5% 32.9% 31.4% 30.0% 47 54.8% 50.8% 47.5% 44.5% 41.9% 39.6% 37.5% 35.6% 33.9% 32.4% 48 61.1% 56.4% 52.4% 48.9% 45.8% 43.2% 40.8% 38.6% 36.7% 34.9% 49 68.7% 63.0% 58.1% 54.0% 50.4% 47.2% 44.5% 42.0% 39.8% 37.8% 50 77.9% 70.8% 64.9% 59.9% 55.6% 51.9% 48.7% 45.8% 43.3% 41.0% 51 76.2% 80.2% 72.9% 66.8% 61.7% 57.3% 53.4% 50.1% 47.2% 44.5% 52 74.6% 78.5% 82.5% 75.0% 68.8% 63.5% 58.9% 55.0% 51.6% 48.5% 53 72.9% 76.7% 80.7% 84.9% 77.2% 70.8% 65.3% 60.7% 56.6% 53.1% 54 71.2% 75.0% 78.9% 83.1% 87.4% 79.5% 72.9% 67.3% 62.4% 58.3% 55 69.5% 73.2% 77.1% 81.2% 85.5% 90.0% 81.8% 75.0% 69.2% 64.3% 56 67.8% 71.4% 75.2% 79.3% 83.5% 87.9% 92.6% 84.2% 77.1% 71.2% 57 66.1% 69.9% 73.3% 77.3% 81.5% 85.8% 90.4% 95.3% 86.6% 79.4% 58 64.4% 67.8% 71.5% 75.3% 79.4% 83.7% 88.3% 93.0% 98.0% 89.1% 59 62.6% 66.0% 69.5% 73.3% 77.3% 81.6% 86.0% 90.7% 95.7% 100.8 % 60 60.8% 64.1% 67.6% 71.3% 75.2% 79.4% 83.8% 88.4% 93.3% 98.4% 61 62.2% 62.8% 65.6% 69.2% 73.0% 77.1% 81.4% 86.0% 90.8% 95.9% 62 63.5% 64.2% 64.8% 67.1% 70.8% 74.8% 79.1% 83.6% 88.3% 93.4% 63 64.9% 65.6% 66.2% 66.9% 68.6% 72.5% 76.6% 81.1% 85.8% 90.7% 64 66.2% 67.0% 67.7% 68.4% 69.1% 70.1% 74.2% 78.6% 83.2% 88.1% 65 68.2% 68.9% 69.6% 70.3% 71.1% 71.6% 75.9% 80.5% 85.4% 66 70.4% 71.1% 71.7% 72.4% 73.1% 73.3% 77.8% 82.7% 67 72.6% 73.3% 74.0% 74.7% 75.3% 75.1% 79.9% 68 75.0% 75.7% 76.4% 77.0% 77.7% 77.1% 69 77.6% 78.2% 78.9% 79.6% 80.2% Part 2 10 to 19 Years of Service Age of Years of service judge 10 11 12 13 14 15 16 17 18 19 40 19.2% 41 20.5% 19.8% 42 21.9% 21.1% 20.4% 43 23.4% 22.5% 21.8% 21.0% 44 25.0% 24.1% 23.2% 22.4% 21.7% 45 26.8% 25.8% 24.8% 23.9% 23.1% 22.3% 46 28.8% 27.6% 26.6% 25.6% 24.7% 23.8% 23.0% 47 30.9% 29.7% 28.5% 27.4% 26.4% 25.4% 24.6% 23.7% 48 33.3% 31.9% 30.6% 29.3% 28.2% 27.2% 26.2% 25.3% 24.4% 49 36.0% 34.4% 32.9% 31.5% 30.2% 29.1% 28.0% 27.0% 26.1% 25.2% 50 38.9% 37.1% 35.4% 33.8% 32.4% 31.1% 29.9% 28.8% 27.8% 26.8% 51 42.2% 40.1% 38.2% 36.4% 34.8% 33.4% 32.1% 30.8% 29.7% 28.6% 52 45.8% 43.4% 41.3% 39.3% 37.5% 35.9% 34.4% 33.0% 31.7% 30.6% 53 50.0% 47.2% 44.7% 42.5% 40.4% 38.6% 36.9% 35.4% 34.0% 32.7% 54 54.6% 51.4% 48.6% 46.0% 43.7% 41.6% 39.7% 38.0% 36.4% 35.0% 55 60.0% 56.2% 52.9% 50.0% 47.3% 45.0% 42.8% 40.9% 39.1% 37.5% 56 66.1% 61.7% 57.9% 54.5% 51.4% 48.7% 46.3% 44.1% 42.1% 40.2% 57 73.3% 68.0% 63.5% 59.5% 56.0% 52.9% 50.1% 47.6% 45.4% 43.3% 58 81.7% 75.4% 70.0% 65.3% 61.3% 57.7% 54.4% 51.6% 49.0% 46.7% 59 91.7% 84.0% 77.6% 72.0% 67.2% 63.0% 59.3% 56.0% 53.1% 50.4% Part 3 20 to 29 Years of Service Age of Years of service judge 20 21 22 23 24 25 26 27 28 29 50 25.9% 51 27.6% 26.7% 52 29.5% 28.5% 27.5% 53 31.5% 30.3% 29.3% 28.3% 54 33.6% 32.4% 31.2% 30.1% 29.1% 55 36.0% 34.6% 33.3% 32.1% 31.0% 30.0% 56 38.6% 37.0% 35.6% 34.3% 33.1% 31.9% 30.9% 57 41.4% 39.7% 38.1% 36.6% 35.3% 34.0% 32.8% 31.8% 58 44.6% 42.6% 40.8% 39.2% 37.7% 36.3% 35.0% 33.8% 32.7% 59 48.0% 45.8% 43.8% 42.0% 40.3% 38.8% 37.3% 36.0% 34.8% 33.6% JUDGES' PENSIONS REGULATIONS 1998 - NOTES Statutory Rules 1998 No. 25 as amended This compilation was prepared on 27 September 2007 taking into account amendments up to SLI 2007 No. 295 Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents Part 1 Preliminary 1 Name of Regulations [see Note 1] 3 2 Commencement [see Note 1] 3 3 Definitions 3 Part 1A Age factor 3A Age factor 4 Part 2 Notional surchargeable contributions factors 4 Notional surchargeable contributions factors 5 Part 3 Superannuation Payment split (Part VIIIB, Family Law Act 1975) 5 Accrued benefit multiples 6 Schedule 1A Age factor 7 Schedule 1 Male Judge 9 Part 1 0 to 9 Years of Service 9 Part 2 10 to 19 Years of Service 10 Part 3 20 to 29 Years of Service 11 Schedule 2 Female Judge 12 Part 1 0 to 9 Years of Service 12 Part 2 10 to 19 Years of Service 13 Part 3 20 to 29 Years of Service 14 Notes 15 JUDGES' PENSIONS REGULATIONS 1998 - NOTES Notes to the Judges' Pensions Regulations 1998 Note 1 The Judges' Pensions Regulations 1998 (in force under the Judges' Pensions Act 1968) as shown in this compilation comprise Statutory Rules 1998 No. 25 amended as indicated in the Tables below. Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number. Table of Instruments Year and number Date of notification in Gazette or FRLI registration Date of commencement Application, saving or transitional provisions 1998 No. 25 11 Mar 1998 11 Mar 1998 2003 No. 343 23 Dec 2003 23 Dec 2003 -- 2007 No. 295 27 Sept 2007 (see F2007L03758) 1 July 2007 -- Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected Part 1A Part 1A................................... ad. 2007 No. 295 R. 3A....................................... ad. 2007 No. 295 Part 3 Part 3...................................... ad. 2003 No. 343 R. 5......................................... ad. 2003 No. 343 Schedule 1A Schedule 1A......................... ad. 2007 No. 295