New South Wales Consolidated Acts

JUDGES' PENSIONS ACT 1953 - SECT 3

3 Pension for certain judges who retired, or retire, at age 72

(1) This section applies to a retired judge who retired from his or her judicial office before, on or after the appointed day pursuant to:

(a) the Judges Retirement Act 1918 ,

(b) section 14 (2) of the Industrial Arbitration Act 1940 ,

(c) section 4 (2) (c) (iv) of the Crown Employees Appeal Board Act 1944 ,

(d) section 31 (3) (b) of the Workers’ Compensation Act 1926 , or section 9 (3) of the Compensation Court Act 1984 , or

(e) section 9 (3) of the Land and Environment Court Act 1979 ,

having served as a judge in that judicial office for not less than five years.

(2) A retired judge to whom this section applies is entitled:

(a) where he or she retired before the appointed day-during that part of the period of his or her retirement that commenced on the appointed day, or

(b) where he or she retired on or after the appointed day-during the period of his or her retirement,

to a pension at an annual rate that, at any time during that period, is a percentage, calculated as provided by subsection (3), of his or her notional judicial salary at that time.

(3) The percentage referred to in subsection (2) is:

(a) in the case of a retired judge who retired before 14 March 1969-the sum of:

(i) twenty-five per centum, and

(ii) three and one-half per centum for each completed year of service in excess of five years (disregarding any such excess years above ten in number) that he or she served as a judge in his or her judicial office,

(b) in the case of a retired judge who retired on or after 14 March 1969, and before the appointed day-the sum of:

(i) twenty-five per centum, and

(ii) five per centum for each completed year in excess of five years (disregarding any such excess years above seven in number) that he or she so served,

(c) in the case of a retired judge who retired on or after the appointed day after serving as a judge in his or her judicial office for less than ten years:

(i) twenty-five per centum,

(ii) five per centum for each completed year in excess of five years that he or she so served, and

(iii) the percentage that bears to five per centum the same proportion as the number of days in any incomplete year that he or she so served bears to 365, or

(d) in the case of a retired judge who retired on or after the appointed day having so served for ten years or more-sixty per centum.