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SUPERANNUATION (RETIRED MAGISTRATES)
AMENDMENT BILL 1993
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to ensure that a Magistrate who ceases to hold office,
whether or not voluntarily, as a result of invalidity 'or physical or mental incapacity is
eligible for a breakdown pension under the Superannuation Act 1916.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on assent.
Clause 3 amends the Superannuation Act 1916 by inserting proposed section 29 (8).
It provides that a Magistrate who ceases to hold office on the ground of invalidity or
physical or mental incapacity is entitled to a breakdown pension as if the Magistrate had
been retired by his or her employer on that ground, if the State Authorities
Superannuation Board is satisfied of that invalidity or incapacity, having regard to
medical advice. Currently, under section 29, a contributor must be retired by his or her
employer before being eligible for a breakdown pension. Since a Magistrate cannot be
removed from office except after an inquiry by the Judicial Commission and an address
of both Houses of Parliament, this provision enables a Magistrate who is unable to carry
out his or her duties to resign and obtain superannuation benefits without the necessity
to undergo this process.