New South Wales Consolidated Acts

JUDGES' PENSIONS ACT 1953 - SECT 5

5 Pension for judge who retires on account of ill-health

(1) This section applies to a retired judge who retired from his or her judicial office before, on or after the appointed day where his or her retirement was certified by an appropriate authority to have been due to permanent disability or infirmity.

(2) Where a retired judge to whom this section applies:

(a) served as a judge in his or her judicial office for not less than five years before his or her retirement, or

(b) retires on or after the day on which Schedule 6 to the Statute Law (Miscellaneous Provisions) Act 1988 commences and, within the period of 3 months before appointment as a judge, or within the period of 3 months after that appointment, was certified by an appropriate authority not to be suffering from any impairment of health likely to affect capacity for judicial office,

he or she is entitled to the same pension as that to which he or she would have been entitled had he or she not retired when he or she did but had continued to serve as a judge in that judicial office until he or she attained the age of 72 years and had then retired.

(3) Where a retired judge to whom this section applies retired before he or she had completed five years’ service as a judge in his or her judicial office, he or she 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 twenty-five per centum of his or her notional judicial salary at that time.

(4) In this section, "appropriate authority", in relation to a retirement, means:

(a) where it occurred before 30 April 1973-the Director-General of Public Health,

(b) where it occurred on or after 30 April 1973, but before the day appointed and notified under section 2 (2) of the Health Administration Act 1982 -the Health Commission of New South Wales, or

(c) where it occurred on or after the day so appointed and notified under that Act-the Secretary of the Department of Health or a person authorised by the Secretary to be an appropriate authority.

(5) This section, as amended by the provisions of Schedule 1.4 [1] to the Courts Legislation Amendment Act 1996 , applies to a retired judge who was appointed as a judge before the commencement of those provisions in the same way as it applies to one who was appointed after that commencement, and so applies as if subsection (2) (b) were amended by omitting the words “3 months”, where secondly occurring, and by inserting instead the words “12 months”.