New South Wales Consolidated Acts

JUDGES' PENSIONS ACT 1953 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 19)

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Courts Legislation Amendment Act 2000

Superannuation Legislation Amendment Act 2002

Courts Legislation Amendment Act 2005

Courts Legislation Amendment Act 2006 , to the extent that it amends this Act

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

2 Past service to be taken into account

For the purposes of calculating a lump sum benefit payable under this Act to a judge or acting judge, any period of service as a judge or acting judge on or after 1 July 1992 is to be taken into account, whether or not the period of service was continuous.

3 Lump sum benefit payments to acting judges or retired judges

The lump sum benefit payable under this Act is payable to or in respect of a former judge or former acting judge who would have qualified for the benefit if Schedule 7 to the Courts Legislation Amendment Act 2000 had commenced on 1 July 1992 (the date of commencement of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth) instead of 26 October 2001.

4 Application of de facto partner eligibility provisions

(1) The de facto partner amendments have effect as if they had commenced on the de facto partner eligibility date.

(2) Those amendments apply in the case of a judge, retired judge, former judge or former acting judge who dies on or after the de facto partner eligibility date but do not apply in respect of a judge, retired judge, former judge or former acting judge who died before the de facto partner eligibility date.

(3) Accordingly, a reference in this Act to a "spouse" of a judge, retired judge, former judge or former acting judge does not include a de facto partner of the judge, retired judge, former judge or former acting judge if the judge, retired judge, former judge or former acting judge died before the de facto partner eligibility date.

(4) In this clause:
"de facto partner amendments" means:

(a) the amendments made to this Act by Schedule 5 to the Courts Legislation Amendment Act 2005 (except Schedule 5 [24] and [25]), and

(b) the amendment made to the Director of Public Prosecutions Act 1986 by Schedule 14.1 to the Courts Legislation Amendment Act 2005 .

"de facto partner eligibility date" means 1 May 2005.