New South Wales Consolidated Acts

SOLICITOR GENERAL ACT 1969 - SECT 6

6 Pension of Solicitor General

(1) Subject to this section, the Judges’ Pensions Act 1953 applies to and in respect of a person who holds or held the office of Solicitor General in the same way as it applies to and in respect of a judge or a retired or deceased judge.

(2) For the purposes of subsection (1):

(a) a reference in the Judges’ Pensions Act 1953 (section 2 (1) excepted) to a judge includes a reference to a person holding the office of Solicitor General,

(b) a reference in that Act to a judicial office includes a reference to the office of Solicitor General,

(c) a reference in that Act to the retirement of a judge includes a reference to the vacation of office of the Solicitor General,

(d) a reference in section 3 of that Act to a retired judge to whom that section applies includes a reference to a person who held the office of Solicitor General and who vacated office pursuant to section 2 (5) (e) of this Act, after serving as Solicitor General for not less than 5 years,

(e) a reference in section 5 of that Act to a retired judge to whom that section applies includes a reference to a person who held the office of Solicitor General and who vacated office pursuant to section 2 (5) (c) of this Act or, where that vacation from office was certified by the Health Commission of New South Wales to have been due to permanent disability or infirmity, pursuant to section 2 (5) (d) of this Act,

(f) a reference in that Act (sections 2 (1), 3 and 5 excepted) to a retired judge includes a reference to a person who held office as Solicitor General and who vacated office as referred to in paragraph (d) or (e) of this subsection or as referred to in section 4 of that Act, and

(g) section 4 of that Act shall be deemed to be omitted and the following section inserted in its stead:

4 Where the Solicitor General vacates office pursuant to section 2 (5) (d) of the Solicitor General Act 1969 , after attaining the age of 60 years and holding the office of Solicitor General for not less than 10 years, the Solicitor General shall on so vacating office be entitled to an annual pension in all respects as if the Solicitor General had attained the age of 72 years and had vacated office pursuant to section 2 (5) (e) of that Act.

(3) Where a person who holds or held the office of Solicitor General becomes a judge within the meaning of the Judges’ Pensions Act 1953 :

(a) any period served by that person in the office of Solicitor General shall, for the purposes of that Act, be computed as portion of his or her service as a judge in the judicial office which he or she held immediately before his or her retirement as a judge or his or her death before retirement, as the case may be, and

(b) the right to any pension which that person is receiving, or is entitled to receive, under that Act as applied by this section shall cease.

(4) Subsections (1) and (3) do not apply to or in respect of:

(a) a person appointed as Solicitor General before the date of assent to the Solicitor General (Amendment) Act 1979 ,

(b) a person who elects, pursuant to section 3 (4B) of the Superannuation Act 1916 , to continue to contribute to the State Superannuation Fund, or

(c) a deputy appointed to act for the Solicitor General during the Solicitor General’s illness or absence.