Judges’ Pensions Act 1953 JUDGES' PENSIONS REGULATION 2007 - Made under the Judges’ Pensions Act 1953 - As at 1 September 2007 - Reg 395 of 2007 TABLE OF PROVISIONS TABLE OF PROVISIONS 1. Name of Regulation 2. Commencement 3. Definitions 4. Calculation of reduced pension of retired judge 5. Calculation of reduced pension payable to surviving spouse 6. Calculation of reduced pension payable to children JUDGES' PENSIONS REGULATION 2007 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Judges’ Pensions Regulation 2007. JUDGES' PENSIONS REGULATION 2007 - REG 2 Commencement 2 Commencement This Regulation commences on 1 September 2007. Note: This Regulation replaces the Judges’ Pensions Regulation 2001 which is repealed on 1 September 2007 by section 10 (2) of the Subordinate Legislation Act 1989. JUDGES' PENSIONS REGULATION 2007 - REG 3 Definitions 3 Definitions (1) In this Regulation: "reversionary pension" has the same meaning as it has in section 12A of the Act. "the Act" means the Judges’ Pensions Act 1953. (2) Notes included in this Regulation do not form part of this Regulation. JUDGES' PENSIONS REGULATION 2007 - REG 4 Calculation of reduced pension of retired judge 4 Calculation of reduced pension of retired judge (1) For the purposes of section 12 (7) of the Act, the amount of the reduced pension payable to a retired judge under section 3 or 5 of the Act is to be calculated by using the reduced percentage of the notional judicial salary calculated in accordance with this clause. (2) The reduced percentage of the notional judicial salary is to be determined in accordance with the following formula: [graphic] "R" is the reduced percentage of notional judicial salary. "I" is the percentage of notional judicial salary that would be applicable to calculation of the pension if there were no reduction under section 12 of the Act. "N" is the notional judicial salary of the judge at retirement. "S" is the amount of the liability for superannuation contributions surcharge. "SP" is the percentage of notional judicial salary that would be applicable to calculation of the pension of a surviving spouse of the judge if there were no reduction under section 12 or 12A of the Act. "PCF" is the relevant pension contribution factor determined by the Attorney General from time to time in accordance with actuarial advice. "f" is the ratio of SP to I. "RCF" is the relevant reversionary pension contribution factor determined by the Attorney General from time to time in accordance with actuarial advice. JUDGES' PENSIONS REGULATION 2007 - REG 5 Calculation of reduced pension payable to surviving spouse 5 Calculation of reduced pension payable to surviving spouse (1) For the purposes of sections 12 (7) and 12A (2) of the Act, the amount of the reduced pension payable under section 6 of the Act to a surviving spouse of a judge or retired judge is to be calculated by using the reduced percentage of the notional judicial salary calculated in accordance with this clause. (2) The reduced percentage of the notional judicial salary is to be determined in accordance with the following formula: [graphic] "W" is the reduced percentage of notional judicial salary. "I" is the percentage of notional judicial salary that would be applicable to calculation of the pension of the judge if the judge died after retirement and there were no reduction under section 12 of the Act. "SP" is the percentage of notional judicial salary that would be applicable to calculation of the pension of the surviving spouse if there were no reduction under section 12 or 12A of the Act. "f" is the ratio of SP to I. "R" is the reduced percentage of notional judicial salary that was (if the judge died after retirement), or would have been (if the judge had died after retirement), applicable to the judge concerned calculated in accordance with clause 4. JUDGES' PENSIONS REGULATION 2007 - REG 6 Calculation of reduced pension payable to children 6 Calculation of reduced pension payable to children For the purposes of section 12A (2) of the Act, in calculating a reversionary pension payable under section 7B or 7C of the Act: (a) the annual amount of pension referred to in section 7B (2) (b) of the Act is the reduced amount of pension that would have been payable to the judge in accordance with clause 4, and (b) the annual amount of pension referred to in section 7C (2) (b) of the Act is the reduced amount of pension that would have been payable to the surviving spouse in accordance with clause 5. JUDGES' PENSIONS REGULATION 2007 - NOTES Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Judges’ Pensions Act 1953. Attorney General JUDGES' PENSIONS REGULATION 2007 - NOTES Explanatory note The object of this Regulation is to remake, with no substantial changes, the Judges’ Pensions Regulation 2001 which is repealed on 1 September 2007 by section 10 (2) of the Subordinate Legislation Act 1989. This Regulation provides for the calculation of reductions of pensions payable to former judges or to former judges’ spouses or children if an election is made to pay for the superannuation contributions surcharge by commuting part of a pension (the superannuation contributions surcharge being a tax imposed on contributions to superannuation by Commonwealth law). This Regulation deals with matters of a machinery nature and matters that are not likely to impose an appreciable burden, cost or disadvantage on any sector of the public. This Regulation is made under the Judges’ Pensions Act 1953, including sections 12, 12A and 18 (the general regulation-making power). JUDGES' PENSIONS REGULATION 2007 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________ |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| Table of amending instrumentsJudges’ Pensions Regulation 2007 (395). GG No 103 of 24.8.2007, p 5842. Date of commencement, 1.9.2007, cl 2.