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PARLIAMENT OF VICTORIA
Judicial and Other Pensions Legislation
(Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 2
PART 2--ATTORNEY-GENERAL AND SOLICITOR-GENERAL
ACT 1972 3
3. Commutation of Solicitor-General's pension for payment of
superannuation contributions surcharge 3
PART 3--CONSTITUTION ACT 1975 4
4. New definitions inserted 4
5. Lump sums for Governor and spouse payable out of
Consolidated Fund 4
6. New sections 7B--7J inserted 4
7B. Election of Governor to commute future pensions for
payment of superannuation contributions surcharge 5
7C. Actuary's first calculation after Governor's election to
commute pensions 5
7D. Actuary's second calculation after Governor's election to
commute pensions and payment of lump sum 7
7E. Election of former Governor to commute pensions for
payment of superannuation contributions surcharge 8
7F. Actuary's calculation after former Governor's election to
commute pensions 9
7G. Payment and commutation of the former Governor's
pension 10
7H. Election of Governor's spouse to commute pension for
payment of superannuation contributions surcharge 11
7I. Actuary's calculation of reduction of pension of former
Governor's spouse 12
7J. Payment and commutation of pension of former
Governor's spouse 13
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541159B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
Clause Page
7. Lump sums for Judges of the Supreme Court, their spouses and
eligible children payable out of Consolidated Fund 14
8. New sections 83AA--83AI inserted 14
83AA. Election of Judges of the Supreme Court to commute
future pensions for payment of superannuation
contributions surcharge 14
83AB. Actuary's first calculation after election of Judges of the
Court to commute pensions 15
83AC. Actuary's second calculation after the Judges' elections
to commute pensions and payment of lump sums 16
83AD. Election of former Judges of Court to commute pensions
for payment of superannuation contributions surcharge 18
83AE. Actuary's calculation after former Judges' election to
commute pensions 19
83AF. Payment and commutation of pensions of former Judges
of the Court 20
83AG. Election of Judges' spouses and eligible children to
commute pensions for payment of superannuation
contributions surcharge 21
83AH. Actuary's calculation of reduction of pensions of Judges'
spouses and eligible children 22
83AI. Payment and commutation of pensions of former Judges'
spouses and eligible children 23
9. Commutation of Director of Public Prosecutions' pension for
payment of superannuation contributions surcharge 24
10. Statute law revision 24
PART 4--COUNTY COURT ACT 1958 25
11. New definitions inserted 25
12. Lump sums for judges, their spouses and eligible children
payable out of Consolidated Fund 25
13. New sections 14AA--14AI inserted 25
14AA. Election of County Court judges to commute future
pensions for payment of superannuation contributions
surcharge 26
14AB. Actuary's first calculation after election of judges to
commute pensions 26
14AC. Actuary's second calculation after election of the judges
to commute pensions and payment of lump sums 28
14AD. Election of former judges to commute pensions for
payment of superannuation contributions surcharge 29
14AE. Actuary's calculation after former judges' election to
commute pensions 30
14AF. Payment and commutation of pensions of former judges 31
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Clause Page
14AG. Election of judges' spouses and eligible children to
commute pensions for payment of superannuation
contributions surcharge 32
14AH. Actuary's calculation of reduction of pensions of judges'
spouses and eligible children 33
14AI. Payment and commutation of pensions of former judges'
spouses and eligible children 34
14. Lump sums for masters, their spouses and eligible children
payable out of Consolidated Fund 35
15. New sections 17C--17K inserted 35
17C. Election of masters to commute future pensions for
payment of superannuation contributions surcharge 35
17D. Actuary's first calculation after election of masters to
commute pensions 36
17E. Actuary's second calculation after election of masters to
commute pensions and payment of lump sums 37
17F. Election of former masters to commute pensions for
payment of superannuation contributions surcharge 39
17G. Actuary's calculation after former masters' election to
commute pensions 40
17H. Payment and commutation of pensions of former masters 40
17I. Election of masters' spouses and eligible children to
commute pensions for payment of superannuation
contributions surcharge 42
17J. Actuary's calculation of reduction of pensions of
masters' spouses and eligible children 43
17K. Payment and commutation of pensions of former
masters' spouses and eligible children 44
PART 5--MAGISTRATES' COURT ACT 1989 46
16. Commutation of Chief Magistrate's pension for payment of
superannuation contributions surcharge 46
PART 6--PUBLIC PROSECUTIONS ACT 1994 47
17. Commutation of Chief Crown Prosecutor's pension for payment
of superannuation contributions surcharge 47
18. Commutation of Senior Crown Prosecutors' pensions for
payment of superannuation contributions surcharge 47
PART 7--SUPREME COURT ACT 1986 49
19. New definitions inserted 49
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Clause Page
20. Lump sums for Masters, their spouses and eligible children
payable out of Consolidated Fund 49
21. New sections 104B--104J inserted 49
104B. Election of Masters to commute future pensions for
payment of superannuation contributions surcharge 50
104C. Actuary's first calculation after election of Masters to
commute pensions 50
104D. Actuary's second calculation after election of Masters to
commute pensions and payment of lump sums 52
104E. Election of former Masters to commute pensions for
payment of superannuation contributions surcharge 53
104F. Actuary's calculation after former Masters' election to
commute pensions 54
104G. Payment and commutation of pensions of former
Masters 55
104H. Election of Masters' spouses and eligible children to
commute pensions for payment of superannuation
contributions surcharge 56
104I. Actuary's calculation of reduction of pensions of
Masters' spouses and eligible children 57
104J. Payment and commutation of pensions of former
Masters' spouses and eligible children 58
ENDNOTES 60
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541159B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 2 May 2001
A BILL
to amend the Attorney-General and Solicitor-General Act 1972, the
Constitution Act 1975, the County Court Act 1958, the
Magistrates' Court Act 1989, the Public Prosecutions Act 1994 and
the Supreme Court Act 1986 to provide for the commutation of
pensions under these Acts for the purposes of payment of the
superannuation contributions surcharge and the consequent adjustment
of pensions and for other purposes.
Judicial and Other Pensions Legislation
(Amendment) Act 2001
The Parliament of Victoria enacts as follows:
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Judicial and Other Pensions Legislation (Amendment) Act 2001
s. 1
Act No.
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend certain Acts
to provide for the commutation of pensions under
5 those Acts upon election by persons entitled to the
pensions for the purposes of payment of the
superannuation contributions surcharge levied by
the Commonwealth.
2. Commencement
10 This Act comes into operation on the day after the
day on which it receives the Royal Assent.
_______________
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PART 2--ATTORNEY-GENERAL AND
SOLICITOR-GENERAL ACT 1972
3. Commutation of Solicitor-General's pension for
payment of superannuation contributions surcharge
See:
5 (1) After section 6(1) of the Attorney-General and Act No.
Solicitor-General Act 1972 insert-- 8305/1972.
Reprint No. 1
"(2) A pension under this section may be as at
13 March
commuted in the same circumstances and to 1997.
the same extent as pensions under sections LawToday:
www.dms.
10 83AC, 83AF and 83AI of the Constitution dpc.vic.
Act 1975 may be commuted and for that gov.au
purpose sections 83AA to 83AI of that Act
apply with such modifications as are
necessary.".
15 (2) In section 6(4) of the Attorney-General and
Solicitor-General Act 1972 after "section" insert
"and any payments of lump sums provided by the
commutation of those pensions".
_______________
20
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6
Act No.
PART 3--CONSTITUTION ACT 1975
4. New definitions inserted
See: In section 5 of the Constitution Act 1975 insert
Act No.
the following definitions--
8750/1975.
Reprint No. 14
5 ' "actuary" means a fellow or accredited member
as at
1 July 2000.
of the Institute of Actuaries of Australia
LawToday:
approved by the Minister;
www.dms.
dpc.vic.
"superannuation contributions surcharge"
gov.au
means the superannuation contributions
10 surcharge imposed by the Superannuation
Contributions Tax (Members of
Constitutionally Protected Superannuation
Funds) Imposition Act 1997 of the
Commonwealth;
15 "superannuation contributions surcharge
notice" means a notice issued by the
Commissioner of Taxation under
section 15(7) of the Superannuation
Contributions Tax (Members of
20 Constitutionally Protected Superannuation
Funds) Assessment and Collection Act 1997
of the Commonwealth;
"total pension entitlement" means, on a
particular day, the current value of all future
25 pension payments on that day.'.
5. Lump sums for Governor and spouse payable out of
Consolidated Fund
In section 7A(6) of the Constitution Act 1975
after "section" insert "and any payments of lump
30 sums provided by the commutation of those
pensions".
6. New sections 7B--7J inserted
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After section 7A of the Constitution Act 1975
insert--
"7B. Election of Governor to commute future
pensions for payment of superannuation
5 contributions surcharge
(1) The Governor may elect in writing to the
Minister to have part of his or her future
pension entitlement and that of his or her
spouse under this Act commuted to provide a
10 lump sum for the purposes of payment of the
whole of the liability for the superannuation
contributions surcharge arising because of
the entitlement of the Governor or his or her
spouse to receive a pension under this Act.
15 (2) The Governor may by notice in writing to
the Minister revoke his or her election under
sub-section (1).
7C. Actuary's first calculation after Governor's
election to commute pensions
20 (1) If an election under section 7B is in
operation, within 10 days after the day on
which the Governor resigns, retires or dies
while in office, the Minister must--
(a) cause an actuary to determine the
25 extent to which the former Governor's
pension and any future entitlement of
the former Governor's spouse to a
pension upon the Governor's death
otherwise payable under this Act will
30 be reduced subject to sub-section (4)
and taking into account the lump sum
to be provided by the commutation of
part of the Governor's total pension
entitlement and that of his or her spouse
35 at the time at which the former
Governor became entitled to his or her
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Act No.
pension for the purposes of payment of
the whole of the liability for the
superannuation contributions
surcharge; and
5 (b) notify the former Governor or, if he or
she has died, the former Governor's
spouse of the actuary's determination
under sub-section (1)(a).
(2) A former Governor or, if he or she has died,
10 the former Governor's spouse may revoke
the election under section 7B within 10 days
after the Minister's notification under sub-
section (1)(b).
(3) If an election under section 7B is in
15 operation, the former Governor's pension and
any future entitlement of the Governor's
spouse to a pension upon the Governor's
death otherwise payable from time to time
under this Act must be reduced to the extent
20 determined under sub-section (1).
(4) For the purposes of sub-section (1)--
(a) the reduction of the former Governor's
pension must not exceed 15% of his or
her total pension entitlement under the
25 Act on the day on which the Governor
resigned or retired; and
(b) the reduction of any future entitlement
of the Governor's spouse to a pension
must not exceed 15% of an amount
30 equal to the total pension entitlement of
the Governor's spouse on the day on
which the Governor resigned, retired or
died while in office; and
(c) each reduction referred to in paragraph
35 (a) and (b) must be a fixed percentage
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Act No.
to be applied to the pension entitlement
under the Act and, if paragraphs (a) and
(b) both apply, the percentage must be
the same; and
5 (d) each reduction must be applied from
the entitlement day according to
paragraph (a) or (b).
7D. Actuary's second calculation after
Governor's election to commute pensions
10 and payment of lump sum
(1) If an election under section 7B is in
operation, the former Governor or, if he or
she has died, the former Governor's spouse
must, within 60 days after the day on which
15 a superannuation contributions surcharge
notice was issued in respect of the former
Governor's pension or his or her spouse's
pension, lodge with the Minister--
(a) a notice that authorises the Minister to
20 pay the lump sum that is equal to the
superannuation contributions surcharge
on behalf of the former Governor or his
or her spouse to the Commissioner of
Taxation to be applied wholly towards
25 payment of the superannuation
contributions surcharge; and
(b) a copy of the superannuation
contributions surcharge notice.
(2) Within 10 days after the day on which the
30 Minister received the authorisation and a
copy of the superannuation contributions
surcharge notice under sub-section (1), the
Minister must cause an actuary--
(a) to review the determination made under
35 section 7C(1); and
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(b) subject to section 7C(4), make any
necessary adjustments to the
determination and to the pension
payable to the former Governor and to
5 any future entitlement of the former
Governor's spouse to a pension upon
the former Governor's death.
(3) If an election under section 7B is in
operation and the Minister has received an
10 authorisation under sub-section (1), the
Minister must cause the amount of the lump
sum to be paid to the Commissioner of
Taxation within the period stated in the
superannuation contributions surcharge
15 notice to be applied towards payment of the
superannuation contributions surcharge.
7E. Election of former Governor to commute
pensions for payment of superannuation
contributions surcharge
20 (1) If no election under section 7B is in
operation, a former Governor who is entitled
to receive a pension under this Act may elect
to have part of his or her pension and that of
his or her spouse commuted to provide a
25 lump sum for the purposes of payment of the
whole or part of the liability for the
superannuation contributions surcharge
arising because of the entitlement of the
former Governor or his or her spouse to
30 receive a pension under this Act.
(2) An election under sub-section (1) must--
(a) be made in writing to the Minister
within 60 days after the day on which a
superannuation contributions surcharge
35 notice is issued in respect of a former
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Governor's pension or his or her
spouse's pension; and
(b) specify the amount of the lump sum
(not exceeding the superannuation
5 contributions surcharge) to be provided
by the commutation of the pensions;
and
(c) authorise the Minister to pay the lump
sum on behalf of the former Governor
10 or his or her spouse to the
Commissioner of Taxation to be
applied wholly towards payment of the
superannuation contributions
surcharge; and
15 (d) be accompanied by a copy of the
superannuation contributions surcharge
notice.
7F. Actuary's calculation after former
Governor's election to commute pensions
20 (1) If an election under section 7E is in
operation, the Minister must within 10 days
after the day on which the Minister received
the election--
(a) cause an actuary to determine the
25 extent to which a former Governor's
pension and any future entitlement of
the former Governor's spouse to a
pension upon the Governor's death
otherwise payable under this Act will
30 be reduced subject to section 7G(3) and
taking into account the specified
amount of the lump sum to be provided
by the commutation of the pensions;
and
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(b) notify the former Governor or, if he or
she has died, the former Governor's
spouse of the actuary's determination
under sub-section (1)(a).
5 (2) A former Governor or, if he or she has died,
the former Governor's spouse may revoke
the election under section 7E within 10 days
after the Minister's notification under sub-
section (1)(b).
10 7G. Payment and commutation of the former
Governor's pension
(1) If an election under section 7E is in
operation, the Minister must cause the
amount of the lump sum to be paid to the
15 Commissioner of Taxation within the period
stated in the superannuation contributions
surcharge notice to be applied towards
payment of the superannuation contributions
surcharge.
20 (2) The former Governor's pension and any
future entitlement of the Governor's spouse
to a pension upon the Governor's death
otherwise payable from time to time under
this Act must be reduced to the extent
25 determined under section 7F in consequence
of the payment of the lump sum.
(3) For the purposes of section 7F--
(a) the reduction of the former Governor's
pension must not exceed 15% of his or
30 her total pension entitlement under the
Act on the day on which the Governor
resigned or retired; and
(b) the reduction of any future entitlement
of the Governor's spouse to a pension
35 must not exceed 15% of an amount
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equal to the total pension entitlement of
the Governor's spouse on the day on
which the Governor resigned or retired;
and
5 (c) each reduction referred to in paragraph
(a) and (b) must be a fixed percentage
to be applied to the pension entitlement
under the Act and, if paragraphs (a) and
(b) both apply, the percentage must be
10 the same; and
(d) the reduction must be applied from the
day of payment of the lump sum under
sub-section (1).
7H. Election of Governor's spouse to commute
15 pension for payment of superannuation
contributions surcharge
(1) If no election made under section 7B or 7E is
in operation, a person who is entitled to
receive a pension under this Act as the
20 spouse of a deceased former Governor may
elect to have part of his or her pension
commuted to provide a lump sum for the
purposes of payment of the whole or part of
the liability for the superannuation
25 contributions surcharge arising because of
the entitlement of the former Governor to
receive a pension under this Act or the
entitlement of the deceased former
Governor's spouse to receive a pension under
30 this Act.
(2) An election under sub-section (1) must--
(a) be made in writing to the Minister
within 60 days after the day on which a
superannuation contributions surcharge
35 notice was issued in respect of the
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deceased former Governor's pension or
his or her spouse's pension; and
(b) specify the amount of the lump sum
(not exceeding the superannuation
5 contributions surcharge) to be provided
by the commutation of the pension; and
(c) authorise the Minister to pay the lump
sum on behalf of the person who is
entitled to receive a pension under this
10 Act as the spouse of a deceased former
Governor to the Commissioner of
Taxation to be applied wholly towards
payment of the superannuation
contributions surcharge; and
15 (d) be accompanied by a copy of the
superannuation contributions surcharge
notice.
7I. Actuary's calculation of reduction of
pension of former Governor's spouse
20 (1) If an election is made under section 7H, the
Minister must within 10 days after the day
on which the Minister received the
election--
(a) cause an actuary to determine the
25 extent to which the pension of a person
who is entitled to receive a pension
under this Act as the spouse of a
deceased former Governor otherwise
payable under this Act will be reduced
30 subject to section 7J(3) and taking into
account the specified amount of the
lump sum to be provided by the
commutation of the pension; and
(b) notify the person of the actuary's
35 determination under sub-section (1)(a).
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(2) A person who is entitled to receive a pension
under this Act as the spouse of a deceased
former Governor may revoke his or her
election under section 7H within 10 days
5 after the Minister's notification under sub-
section (1)(b).
7J. Payment and commutation of pension of
former Governor's spouse
(1) If an election under section 7H is in
10 operation, the Minister must cause the
amount of the lump sum to be paid to the
Commissioner of Taxation within the period
stated in the superannuation contributions
surcharge notice to be applied towards
15 payment of the superannuation contributions
surcharge.
(2) On payment of the lump sum, the pension of
a person entitled to receive a pension as the
spouse of the deceased former Governor
20 otherwise payable from time to time under
this Act must be reduced to the extent
determined under section 7I.
(3) For the purposes of section 7I--
(a) the reduction of any future entitlement
25 of the Governor's spouse to a pension
must not exceed 15% of--
(i) an amount equal to the total
pension entitlement of the
Governor and his or her spouse on
30 the day on which the Governor
resigned or retired; or
(ii) in the case of the Governor's death
while in office, an amount equal
to his or her spouse's total pension
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entitlement on the day on which
the Governor died; and
(b) the reduction must be a fixed
percentage to be applied to the pension
5 entitlement under the Act; and
(c) the reduction must be applied from the
day of payment of the lump sum under
sub-section (1).".
7. Lump sums for Judges of the Supreme Court, their
10 spouses and eligible children payable out of
Consolidated Fund
In section 83(5) of the Constitution Act 1975
after "enactment" insert "and any payments of
lump sums provided by the commutation of those
15 pensions".
8. New sections 83AA--83AI inserted
After section 83 of the Constitution Act 1975
insert--
"83AA. Election of Judges of the Supreme Court to
20 commute future pensions for payment of
superannuation contributions surcharge
(1) A Judge of the Court may elect in writing to
the Minister to have part of his or her future
pension entitlement and that of his or her
25 spouse or eligible child, if any, under this
Act commuted to provide a lump sum for the
purposes of payment of the whole of the
liability for the superannuation contributions
surcharge arising because of the entitlement
30 of the Judge or his or her spouse or eligible
child to receive a pension under this Act.
(2) A Judge of the Court may by notice in
writing to the Minister revoke his or her
election under sub-section (1).
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83AB. Actuary's first calculation after election of
Judges of the Court to commute pensions
(1) If an election under section 83AA is in
operation, within 10 days after the day on
5 which a Judge of the Court resigns, retires or
dies while in office, the Minister must--
(a) cause an actuary to determine the
extent to which the former Judge of the
Court's pension and any future
10 entitlement of the Judge's spouse or
eligible child to a pension upon the
Judge's death otherwise payable under
this Act will be reduced subject to sub-
section (4) and taking into account the
15 lump sum to be provided by the
commutation of part of the Judge's total
pension entitlement and that of his or
spouse or eligible child at the time at
which the former Judge became entitled
20 to his or her pension for the purposes of
payment of the whole of the liability for
the superannuation contributions
surcharge; and
(b) notify the former Judge of the Court or,
25 if he or she has died, the former Judge's
spouse or eligible child of the actuary's
determination under sub-section (1)(a).
(2) A former Judge of the Court or, if he or she
has died, the former Judge's spouse or
30 eligible child may revoke the election under
section 83AA within 10 days after the
Minister's notification under sub-section
(1)(b).
(3) If an election under section 83AA is in
35 operation, the former Judge of the Court's
pension and any future entitlement of the
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former Judge's spouse or eligible child to a
pension upon the Judge's death otherwise
payable from time to time under this Act
must be reduced to the extent determined
5 under sub-section (1).
(4) For the purposes of sub-section (1)--
(a) the reduction of the former Judge's
pension must not exceed 15% of his or
her total pension entitlement under the
10 Act on the day on which the Judge
resigned or retired; and
(b) the reduction of any future entitlement
of the Judge's spouse or eligible child to
a pension must not exceed 15% of an
15 amount equal to the total pension
entitlement of the Judge's spouse and
eligible children on the day on which
the Judge resigned, retired or died
while in office; and
20 (c) each reduction referred to in paragraph
(a) and (b) must be a fixed percentage
to be applied to the pension entitlement
under the Act and, if paragraphs (a) and
(b) both apply, the percentage must be
25 the same; and
(d) each reduction must be applied from
the entitlement day according to
paragraph (a) or (b).
83AC. Actuary's second calculation after the
30 Judges' elections to commute pensions and
payment of lump sums
(1) If an election under section 83AA is in
operation, a former Judge of the Court or, if
he or she has died, the Judge's spouse or
35 eligible child must, within 60 days after the
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day on which a superannuation contributions
surcharge notice was issued in respect of the
Judge's pension, lodge with the Minister--
(a) a notice that authorises the Minister to
5 pay the lump sum that is equal to the
superannuation contributions surcharge
on behalf of the former Judge or his or
her spouse or eligible child to the
Commissioner of Taxation to be
10 applied wholly towards payment of the
superannuation contributions
surcharge; and
(b) a copy of the superannuation
contributions surcharge notice.
15 (2) Within 10 days after the day on which the
Minister received the authorisation and a
copy of the superannuation contributions
surcharge notice under sub-section (1), the
Minister must cause an actuary--
20 (a) to review the determination made under
section 83AB(1); and
(b) subject to section 83AB(4), make any
necessary adjustments to the
determination and to the pension
25 payable to the former Judge of the
Court and to any future entitlement of
the former Judge's spouse or eligible
child to a pension upon the Judge's
death.
30 (3) If an election under section 83AA is in
operation and the Minister has received an
authorisation under sub-section (1), the
Minister must cause the amount of the lump
sum to be paid to the Commissioner of
35 Taxation within the period stated in the
superannuation contributions surcharge
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notice to be applied towards payment of the
superannuation contributions surcharge.
83AD. Election of former Judges of Court to
commute pensions for payment of
5 superannuation contributions surcharge
(1) If no election under section 83AA is in
operation, a former Judge of the Court who
is entitled to receive a pension under this Act
may elect to have part of his or her pension
10 and that of his or her spouse or eligible child,
if any, commuted to provide a lump sum for
the purposes of payment of the whole or part
of the liability for the superannuation
contributions surcharge arising because of
15 the entitlement of the former Judge or his or
her spouse or eligible child to receive a
pension under this Act.
(2) An election under sub-section (1) must--
(a) be made in writing to the Minister
20 within 60 days after the day on which a
superannuation contributions surcharge
notice is issued in respect of a former
Judge of the Court's pension or his or
her spouse's or eligible child's pension;
25 and
(b) specify the amount of the lump sum
(not exceeding the superannuation
contributions surcharge) to be provided
by the commutation of the pensions;
30 and
(c) authorise the Minister to pay the lump
sum on behalf of the former Judge or
his or her spouse or eligible child to the
Commissioner of Taxation to be
35 applied wholly towards payment of the
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superannuation contributions
surcharge; and
(d) be accompanied by a copy of the
superannuation contributions surcharge
5 notice.
83AE. Actuary's calculation after former Judges'
election to commute pensions
(1) If an election under section 83AD is in
operation, the Minister must within 10 days
10 after the day on which the Minister received
the election--
(a) cause an actuary to determine the
extent to which a former Judge of the
Court's pension and any future
15 entitlement of the spouse or eligible
child of the former Judge to a pension
upon the Judge's death otherwise
payable under this Act will be reduced
subject to section 83AF(3) and taking
20 into account the specified amount of the
lump sum to be provided by the
commutation of the pensions; and
(b) notify the former Judge of the Court or,
if he or she has died, the former Judge's
25 spouse or eligible child of the actuary's
determination under sub-section (1)(a).
(2) A former Judge of the Court or, if he or she
has died, the former Judge's spouse or
eligible child may revoke the election under
30 section 83AD within 10 days after the
Minister's notification under sub-section
(1)(b).
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83AF. Payment and commutation of pensions of
former Judges of the Court
(1) If an election under section 83AD is in
operation, the Minister must cause the
5 amount of the lump sum to be paid to the
Commissioner of Taxation within the period
stated in the superannuation contributions
surcharge notice to be applied towards
payment of the superannuation contributions
10 surcharge.
(2) The former Judge of the Court's pension and
any future entitlement of the Judge's spouse
or eligible child to a pension upon the
Judge's death otherwise payable from time to
15 time under this Act must be reduced to the
extent determined under section 83AE in
consequence of the payment of the lump
sum.
(3) For the purposes of section 83AE--
20 (a) the reduction of the former Judge's
pension must not exceed 15% of his or
her total pension entitlement under the
Act on the day on which the Judge
resigned or retired; and
25 (b) the reduction of any future entitlement
of the Judge's spouse or eligible child to
a pension must not exceed 15% of an
amount equal to the total pension
entitlement of the Judge's spouse and
30 eligible children on the day on which
the Judge resigned or retired; and
(c) each reduction referred to in paragraph
(a) and (b) must be a fixed percentage
to be applied to the pension entitlement
35 under the Act and, if paragraphs (a) and
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(b) both apply, the percentage must be
the same; and
(d) the reduction must be applied from the
day of payment of the lump sum under
5 sub-section (1).
83AG. Election of Judges' spouses and eligible
children to commute pensions for payment
of superannuation contributions surcharge
(1) If no election under section 83AA or 83AD
10 is in operation, a person who is entitled to
receive a pension under this Act as the
spouse or eligible child of a deceased former
Judge of the Court may elect to have part of
his or her pension commuted to provide a
15 lump sum for the purposes of payment of the
whole or part of the liability for the
superannuation contributions surcharge
arising because of the entitlement of the
former Judge to receive a pension under this
20 Act or the entitlement of the deceased former
Judge's spouse or eligible child to receive a
pension under this Act.
(2) An election under sub-section (1) must--
(a) be made in writing to the Minister
25 within 60 days after the day on which a
superannuation contributions surcharge
notice was issued in respect of the
deceased former Judge's pension or his
or her spouse's or eligible child's
30 pension; and
(b) specify the amount of the lump sum
(not exceeding the superannuation
contributions surcharge) to be provided
by the commutation of the pension; and
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(c) authorise the Minister to pay the lump
sum on behalf of the person who is
entitled to receive a pension under this
Act as the spouse or eligible child of
5 the deceased former Judge of the Court
to the Commissioner of Taxation to be
applied wholly towards payment of the
superannuation contributions
surcharge; and
10 (d) be accompanied by a copy of the
superannuation contributions surcharge
notice.
83AH. Actuary's calculation of reduction of
pensions of Judges' spouses and eligible
15 children
(1) If an election is made under section 83AG,
the Minister must within 10 days after the
day on which the Minister received the
election--
20 (a) cause an actuary to determine the
extent to which the pension of a person
who is entitled to receive a pension
under this Act as the spouse or eligible
child of a deceased former Judge of the
25 Court otherwise payable under this Act
will be reduced subject to section
83AI(3) and taking into account the
specified amount of the lump sum to be
provided by the commutation of the
30 pension; and
(b) notify the person of the actuary's
determination under sub-section (1)(a).
(2) A person who is entitled to receive a pension
under this Act as the spouse or eligible child
35 of a deceased former Judge of the Court
may revoke his or her election under
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section 83AG within 10 days after the
Minister's notification under sub-section
(1)(b).
83AI. Payment and commutation of pensions of
5 former Judges' spouses and eligible
children
(1) If an election under section 83AG is in
operation, the Minister must cause the
amount of the lump sum to be paid to the
10 Commissioner of Taxation within the period
stated in the superannuation contributions
surcharge notice to be applied towards
payment of the superannuation contributions
surcharge.
15 (2) On payment of the lump sum, the pension of
a person entitled to receive a pension as the
spouse or eligible child of the deceased
former Judge of the Court otherwise payable
from time to time under this Act must be
20 reduced to the extent determined under
section 83AH.
(3) For the purposes of section 83AH--
(a) the reduction of any future entitlement
of the Judge's spouse or eligible child to
25 a pension must not exceed 15% of--
(i) an amount equal to the total
pension entitlement of the Judge
and his or her spouse and eligible
children on the day on which the
30 Judge resigned or retired; or
(ii) in the case of the Judge's death
while in office, an amount equal
to his or her spouse's and eligible
children's total pension
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entitlement on the day on which
the Judge died; and
(b) the reduction must be a fixed
percentage to be applied to the pension
5 entitlement under the Act; and
(c) the reduction must be applied from the
day of payment of the lump sum under
sub-section (1).".
9. Commutation of Director of Public Prosecutions'
10 pension for payment of superannuation contributions
surcharge
(1) After section 87AF(2) of the Constitution Act
1975 insert--
"(2A) A pension under this section may be
15 commuted in the same circumstances and to
the same extent as pensions under sections
83AC, 83AF and 83AI may be commuted
and for that purpose sections 83AA to 83AI
of that Act apply with such modifications as
20 are necessary.".
(2) In section 87AF(3) of the Constitution Act 1975
after "enactment" insert "and any payments of
lump sums provided by the commutation of those
pensions".
25 10. Statute law revision
In section 82(1B) of the Constitution Act 1975
for "Judicial Remuneration Act 1995"
substitute "Judicial Remuneration Tribunal
Act 1995".
30 _______________
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Act No.
PART 4--COUNTY COURT ACT 1958
11. New definitions inserted
See:
In section 3(1) of the County Court Act 1958 Act No.
insert the following definitions-- 6230/1958.
Reprint No. 9
5 ' "actuary" means a fellow or accredited member as at
1 August 1998
of the Institute of Actuaries of Australia and
approved by the Minister; amending
Act Nos
"superannuation contributions surcharge" 10/1999,
1/2000,
means the superannuation contributions 53/2000 and
10 surcharge imposed by the Superannuation 74/2000.
LawToday:
Contributions Tax (Members of www.dms.
Constitutionally Protected Superannuation dpc.vic.
gov.au
Funds) Imposition Act 1997 of the
Commonwealth;
15 "superannuation contributions surcharge
notice" means a notice issued by the
Commissioner of Taxation under
section 15(7) of the Superannuation
Contributions Tax (Members of
20 Constitutionally Protected Superannuation
Funds) Assessment and Collection Act 1997
of the Commonwealth;
"total pension entitlement" means, on a
particular day, the current value of all future
25 pension payments on that day.'.
12. Lump sums for judges, their spouses and eligible
children payable out of Consolidated Fund
In section 14(4) of the County Court Act 1958
after "section" insert "and any payments of lump
30 sums provided by the commutation of those
pensions".
13. New sections 14AA--14AI inserted
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After section 14 of the County Court Act 1958
insert--
"14AA. Election of County Court judges to
commute future pensions for payment of
5 superannuation contributions surcharge
(1) A judge may elect in writing to the Minister
to have part of his or her future pension
entitlement and that of his or her spouse or
eligible child, if any, under this Act
10 commuted to provide a lump sum for the
purposes of payment of the whole of the
liability for the superannuation contributions
surcharge arising because of the entitlement
of the judge or his or her spouse or eligible
15 child to receive a pension under this Act.
(2) A judge may by notice in writing to the
Minister revoke his or her election under
sub-section (1).
14AB. Actuary's first calculation after election of
20 judges to commute pensions
(1) If an election under section 14AA is in
operation, within 10 days after the day on
which a judge resigns, retires or dies while in
office, the Minister must--
25 (a) cause an actuary to determine the
extent to which the former judge's
pension and any future entitlement of
the judge's spouse or eligible child to a
pension upon the judge's death
30 otherwise payable under this Act will
be reduced subject to sub-section (4)
and taking into account the lump sum
to be provided by the commutation of
part of the judge's total pension
35 entitlement and that of his or her spouse
or eligible child at the time at which the
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former judge became entitled to his or
her pension for the purposes of
payment of the whole of the liability for
the superannuation contributions
5 surcharge; and
(b) notify the former judge or, if he or she
has died, the former judge's spouse or
eligible child of the actuary's
determination under sub-section (1)(a).
10 (2) A former judge or, if he or she has died, the
former judge's spouse or eligible child may
revoke the election under section 14AA
within 10 days after the Minister's
notification under sub-section (1)(b).
15 (3) If an election under section 14AA is in
operation, the former judge's pension and
any future entitlement of the former judge's
spouse or eligible child to a pension upon the
judge's death otherwise payable from time to
20 time under this Act must be reduced to the
extent determined under sub-section (1).
(4) For the purposes of sub-section (1)--
(a) the reduction of the former judge's
pension must not exceed 15% of his or
25 her total pension entitlement under the
Act on the day on which the judge
resigned or retired; and
(b) the reduction of any future entitlement
of the judge's spouse or eligible child to
30 a pension must not exceed 15% of an
amount equal to the total pension
entitlement of the judge's spouse and
eligible children on the day on which
the judge resigned, retired or died while
35 in office; and
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(c) each reduction referred to in paragraph
(a) and (b) must be a fixed percentage
to be applied to the pension entitlement
under the Act and, if paragraphs (a) and
5 (b) both apply, the percentage must be
the same; and
(d) each reduction must be applied from
the entitlement day according to
paragraph (a) or (b).
10 14AC. Actuary's second calculation after election
of the judges to commute pensions and
payment of lump sums
(1) If an election under section 14AA is in
operation, a former judge or, if he or she has
15 died, the judge's spouse or eligible child
must, within 60 days after the day on which
a superannuation contributions surcharge
notice was issued in respect of the judge's
pension or his or her spouse's or eligible
20 child's pension, lodge with the Minister--
(a) a notice that authorises the Minister to
pay the lump sum that is equal to the
superannuation contributions surcharge
on behalf of the former judge or his or
25 her spouse or eligible child to the
Commissioner of Taxation to be
applied wholly towards payment of the
superannuation contributions
surcharge; and
30 (b) a copy of the superannuation
contributions surcharge notice.
(2) Within 10 days after the day on which the
Minister received the authorisation and a
copy of the superannuation contributions
35 surcharge notice under sub-section (1), the
Minister must cause an actuary--
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(a) to review the determination made under
section 14AB(1); and
(b) subject to section 14AB(4), make any
necessary adjustments to the
5 determination and to the pension
payable to the former judge and to any
future entitlement of the former judge's
spouse or eligible child to a pension
upon the judge's death.
10 (3) If an election under section 14AA is in
operation and the Minister has received an
authorisation under sub-section (1), the
Minister must cause the amount of the lump
sum to be paid to the Commissioner of
15 Taxation within the period stated in the
superannuation contributions surcharge
notice to be applied towards payment of the
superannuation contributions surcharge.
14AD. Election of former judges to commute
20 pensions for payment of superannuation
contributions surcharge
(1) If no election under section 14AA is in
operation, a former judge who is entitled to
receive a pension under this Act may elect to
25 have part of his or her pension and that of his
or her spouse or eligible child, if any,
commuted to provide a lump sum for the
purposes of payment of the whole or part of
the liability for the superannuation
30 contributions surcharge arising because of
the entitlement of the former judge or his or
her spouse or eligible child to receive a
pension under this Act.
(2) An election under sub-section (1) must--
35 (a) be made in writing to the Minister
within 60 days after the day on which a
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superannuation contributions surcharge
notice is issued in respect of a former
judge's pension or his or her spouse's or
eligible child's pension; and
5 (b) specify the amount of the lump sum
(not exceeding the superannuation
contributions surcharge) to be provided
by the commutation of the pensions;
and
10 (c) authorise the Minister to pay the lump
sum on behalf of the former judge or
his or her spouse or eligible child to the
Commissioner of Taxation to be
applied wholly towards payment of the
15 superannuation contributions
surcharge; and
(d) be accompanied by a copy of the
superannuation contributions surcharge
notice.
20 14AE. Actuary's calculation after former judges'
election to commute pensions
(1) If an election under section 14AD is in
operation, the Minister must within 10 days
after the day on which the Minister received
25 the election--
(a) cause an actuary to determine the
extent to which a former judge's
pension and any future entitlement of
the spouse or eligible child of the
30 former judge to a pension upon the
judge's death otherwise payable under
this Act will be reduced subject to
section 14F(3) and taking into account
the specified amount of the lump sum
35 to be provided by the commutation of
the pensions; and
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(b) notify the former judge or, if he or she
has died, the former judge's spouse or
eligible child of the actuary's
determination under sub-section (1)(a).
5 (2) A former judge or, if he or she has died, the
former judge's spouse or eligible child may
revoke the election under section 14AD
within 10 days after the Minister's
notification under sub-section (1)(b).
10 14AF. Payment and commutation of pensions of
former judges
(1) If an election under section 14AD is in
operation, the Minister must cause the
amount of the lump sum to be paid to the
15 Commissioner of Taxation within the period
stated in the superannuation contributions
surcharge notice to be applied towards
payment of the superannuation contributions
surcharge.
20 (2) The former judge's pension and any future
entitlement of the judge's spouse or eligible
child to a pension upon the judge's death
otherwise payable from time to time under
this Act must be reduced to the extent
25 determined under section 14AE in
consequence of the payment of the lump
sum.
(3) For the purposes of section 14AE--
(a) the reduction of the former judge's
30 pension must not exceed 15% of his or
her total pension entitlement under the
Act on the day on which the judge
resigned or retired; and
(b) the reduction of any future entitlement
35 of the judge's spouse or eligible child to
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a pension must not exceed 15% of an
amount equal to the total pension
entitlement of the judge's spouse and
eligible children on the day on which
5 the judge resigned or retired; and
(c) each reduction referred to in paragraph
(a) and (b) must be a fixed percentage
to be applied to the pension entitlement
under the Act and, if paragraphs (a) and
10 (b) both apply, the percentage must be
the same; and
(d) the reduction must be applied from the
day of payment of the lump sum under
sub-section (1).
15 14AG. Election of judges' spouses and eligible
children to commute pensions for payment
of superannuation contributions surcharge
(1) If no election made under section 14AA or
14AD is in operation, a person who is
20 entitled to receive a pension under this Act
as the spouse or eligible child of a deceased
former judge may elect to have part of his or
her pension commuted to provide a lump
sum for the purposes of payment of the
25 whole or part of the liability for the
superannuation contributions surcharge
arising because of the entitlement of the
former judge to receive a pension under this
Act or the entitlement of the deceased former
30 judge's spouse or eligible child to receive a
pension under this Act.
(2) An election under sub-section (1) must--
(a) be made in writing to the Minister
within 60 days after the day on which a
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superannuation contributions surcharge
notice was issued in respect of the
deceased former judge's pension or his
or her spouse's or eligible child's
5 pension; and
(b) specify the amount of the lump sum
(not exceeding the superannuation
contributions surcharge) to be provided
by the commutation of the pension; and
10 (c) authorise the Minister to pay the lump
sum on behalf of the person who is
entitled to receive a pension under this
Act as the spouse or eligible child of a
deceased former judge to the
15 Commissioner of Taxation to be
applied wholly towards payment of the
superannuation contributions
surcharge; and
(d) be accompanied by a copy of the
20 superannuation contributions surcharge
notice.
14AH. Actuary's calculation of reduction of
pensions of judges' spouses and eligible
children
25 (1) If an election is made under section 14AG,
the Minister must within 10 days after the
day on which the Minister received the
election--
(a) cause an actuary to determine the
30 extent to which the pension of a person
who is entitled to receive a pension
under this Act as the spouse or eligible
child of a deceased former judge
otherwise payable under this Act will
35 be reduced subject to section 14AI(3)
and taking into account the specified
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amount of the lump sum to be provided
by the commutation of the pension; and
(b) notify the person of the actuary's
determination under sub-section (1)(a).
5 (2) A person who is entitled to receive a pension
under this Act as the spouse or eligible child
of a deceased former judge may revoke his
or her election under section 14AG within
10 days after the Minister's notification
10 under sub-section (1)(b).
14AI. Payment and commutation of pensions of
former judges' spouses and eligible
children
(1) If an election under section 14AG is in
15 operation, the Minister must cause the
amount of the lump sum to be paid to the
Commissioner of Taxation within the period
stated in the superannuation contributions
surcharge notice to be applied towards
20 payment of the superannuation contributions
surcharge.
(2) On payment of the lump sum, the pension of
a person entitled to receive a pension as the
spouse or eligible child of the deceased
25 former judge otherwise payable from time to
time under this Act must be reduced to the
extent determined under section 14AH.
(3) For the purposes of section 14AH--
(a) the reduction of any future entitlement
30 of the judge's spouse or eligible child to
a pension must not exceed 15% of--
(i) an amount equal to the total
pension entitlement of the judge
and his or her spouse and eligible
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children on the day on which the
judge resigned or retired; or
(ii) in the case of the judge's death
while in office, an amount equal
5 to his or her spouse's and eligible
children's total pension
entitlement on the day on which
the judge died; and
(b) the reduction must be a fixed
10 percentage to be applied to the pension
entitlement under the Act; and
(c) the reduction must be applied from the
day of payment of the lump sum under
sub-section (1).".
15 14. Lump sums for masters, their spouses and eligible
children payable out of Consolidated Fund
In section 17B(11) of the County Court Act 1958
after "section" insert "and any payments of lump
sums provided by the commutation of those
20 pensions".
15. New sections 17C--17K inserted
After section 17B of the County Court Act 1958
insert--
"17C. Election of masters to commute future
25 pensions for payment of superannuation
contributions surcharge
(1) A master may elect in writing to the Minister
to have part of his or her future pension
entitlement and that of his or her spouse or
30 eligible child, if any, under this Act
commuted to provide a lump sum for the
purposes of payment of the whole of the
liability for the superannuation contributions
surcharge arising because of the entitlement
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of the master or his or her spouse or eligible
child to receive a pension under this Act.
(2) A master may by notice in writing to the
Minister revoke his or her election under
5 sub-section (1).
17D. Actuary's first calculation after election of
masters to commute pensions
(1) If an election under section 17C is in
operation, within 10 days after the day on
10 which a master resigns, retires or dies while
in office, the Minister must--
(a) cause an actuary to determine the
extent to which the former master's
pension and any future entitlement of
15 the master's spouse or eligible child to a
pension upon the master's death
otherwise payable under this Act will
be reduced subject to sub-section (4)
and taking into account the lump sum
20 to be provided by the commutation of
part of the master's total pension
entitlement and that of his or her spouse
or eligible child at the time at which the
former master became entitled to his or
25 her pension for the purposes of
payment of the whole of the liability for
the superannuation contributions
surcharge; and
(b) notify the former master or, if he or she
30 has died, the former master's spouse or
eligible child of the actuary's
determination under sub-section (1)(a).
(2) A former master or, if he or she has died, the
former master's spouse or eligible child may
35 revoke the election under section 17C within
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10 days after the Minister's notification
under sub-section (1)(b).
(3) If an election under section 17C is in
operation, the former master's pension and
5 any future entitlement of the former master's
spouse or eligible child to a pension upon the
master's death otherwise payable from time
to time under this Act must be reduced to the
extent determined under sub-section (1).
10 (4) For the purposes of sub-section (1)--
(a) the reduction of the former master's
pension must not exceed 15% of his or
her total pension entitlement under the
Act on the day on which the master
15 resigned or retired; and
(b) the reduction of any future entitlement
of the master's spouse or eligible child
to a pension must not exceed 15% of an
amount equal to the total pension
20 entitlement of the master's spouse and
eligible children on the day on which
the master resigned, retired or died
while in office; and
(c) each reduction referred to in paragraph
25 (a) and (b) must be a fixed percentage
to be applied to the pension entitlement
under the Act and, if paragraphs (a) and
(b) both apply, the percentage must be
the same; and
30 (d) each reduction must be applied from
the entitlement day according to
paragraph (a) or (b).
17E. Actuary's second calculation after election
of masters to commute pensions and
35 payment of lump sums
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(1) If an election under section 17C is in
operation, a former master or, if he or she
has died, the master's spouse or eligible child
must, within 60 days after the day on which
5 a superannuation contributions surcharge
notice was issued in respect of the master's
pension or his or her spouse's or eligible
child's pension, lodge with the Minister--
(a) a notice that authorises the Minister to
10 pay the lump sum that is equal to the
superannuation contributions surcharge
on behalf of the former master or his or
her spouse or eligible child to the
Commissioner of Taxation to be
15 applied wholly towards payment of the
superannuation contributions
surcharge; and
(b) a copy of the superannuation
contributions surcharge notice.
20 (2) Within 10 days after the day on which the
Minister received the authorisation and a
copy of the superannuation contributions
surcharge notice under sub-section (1), the
Minister must cause an actuary--
25 (a) to review the determination made under
section 17D(1); and
(b) subject to section 17D(4), make any
necessary adjustments to the
determination and to the pension
30 payable to the former master and to any
future entitlement of the former
master's spouse or eligible child to a
pension upon the master's death.
(3) If an election under section 17C is in
35 operation and the Minister has received an
authorisation under sub-section (1), the
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Minister must cause the amount of the lump
sum to be paid to the Commissioner of
Taxation within the period stated in the
superannuation contributions surcharge
5 notice to be applied towards payment of the
superannuation contributions surcharge.
17F. Election of former masters to commute
pensions for payment of superannuation
contributions surcharge
10 (1) If no election under section 17C is in
operation, a former master who is entitled to
receive a pension under this Act may elect to
have part of his or her pension and that of his
or her spouse or eligible child, if any,
15 commuted to provide a lump sum for the
purposes of payment of the whole or part of
the liability for the superannuation
contributions surcharge arising because of
the entitlement of the former master or his or
20 her spouse or eligible child to receive a
pension under this Act.
(2) An election under sub-section (1) must--
(a) be made in writing to the Minister
within 60 days after the day on which a
25 superannuation contributions surcharge
notice is issued in respect of a former
master's pension or his or her spouse's
or eligible child's pension; and
(b) specify the amount of the lump sum
30 (not exceeding the superannuation
contributions surcharge) to be provided
by the commutation of the pensions;
and
(c) authorise the Minister to pay the lump
35 sum on behalf of the former master or
his or her spouse or eligible child to the
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Commissioner of Taxation to be
applied wholly towards payment of the
superannuation contributions
surcharge; and
5 (d) be accompanied by a copy of the
superannuation contributions surcharge
notice.
17G. Actuary's calculation after former masters'
election to commute pensions
10 (1) If an election under section 17F is in
operation, the Minister must within 10 days
after the day on which the Minister received
the election--
(a) cause an actuary to determine the
15 extent to which a former master's
pension and any future entitlement of
the spouse or eligible child of the
former master to a pension upon the
master's death otherwise payable under
20 this Act will be reduced subject to
section 17H(3) and taking into account
the specified amount of the lump sum
to be provided by the commutation of
the pensions; and
25 (b) notify the former master or, if he or she
has died, the former master's spouse or
eligible child of the actuary's
determination under sub-section (1)(a).
(2) A former master or, if he or she has died, the
30 former master's spouse or eligible child may
revoke the election under section 17F within
10 days after the Minister's notification
under sub-section (1)(b).
17H. Payment and commutation of pensions of
35 former masters
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(1) If an election under section 17F is in
operation, the Minister must cause the
amount of the lump sum to be paid to the
Commissioner of Taxation within the period
5 stated in the superannuation contributions
surcharge notice to be applied towards
payment of the superannuation contributions
surcharge.
(2) The former master's pension and any future
10 entitlement of the master's spouse or eligible
child to a pension upon the master's death
otherwise payable from time to time under
this Act must be reduced to the extent
determined under section 17G in
15 consequence of the payment of the lump
sum.
(3) For the purposes of section 17G--
(a) the reduction of the former master's
pension must not exceed 15% of his or
20 her total pension entitlement under the
Act on the day on which the master
resigned or retired; and
(b) the reduction of any future entitlement
of the master's spouse or eligible child
25 to a pension must not exceed 15% of an
amount equal to the total pension
entitlement of the master's spouse and
eligible children on the day on which
the master resigned or retired; and
30 (c) each reduction referred to in paragraph
(a) and (b) must be a fixed percentage
to be applied to the pension entitlement
under the Act and, if paragraphs (a) and
(b) both apply, the percentage must be
35 the same; and
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(d) the reduction must be applied from the
day of payment of the lump sum under
sub-section (1).
17I. Election of masters' spouses and eligible
5 children to commute pensions for payment
of superannuation contributions surcharge
(1) If no election made under section 17C or 17F
is in operation, a person who is entitled to
receive a pension under this Act as the
10 spouse or eligible child of a deceased former
master may elect to have part of his or her
pension commuted to provide a lump sum
for the purposes of payment of the whole or
part of the liability for the superannuation
15 contributions surcharge arising because of
the entitlement of the former master to
receive a pension under this Act or the
entitlement of the deceased former master's
spouse or eligible child to receive a pension
20 under this Act.
(2) An election under sub-section (1) must--
(a) be made in writing to the Minister
within 60 days after the day on which a
superannuation contributions surcharge
25 notice was issued in respect of the
deceased former master's pension or his
or her spouse's or eligible child's
pension; and
(b) specify the amount of the lump sum
30 (not exceeding the superannuation
contributions surcharge) to be provided
by the commutation of the pension; and
(c) authorise the Minister to pay the lump
sum on behalf of the person who is
35 entitled to receive a pension under this
Act as the spouse or eligible child of a
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deceased former master to the
Commissioner of Taxation to be
applied wholly towards payment of the
superannuation contributions
5 surcharge; and
(d) be accompanied by a copy of the
superannuation contributions surcharge
notice.
17J. Actuary's calculation of reduction of
10 pensions of masters' spouses and eligible
children
(1) If an election is made under section 17I, the
Minister must within 10 days after the day
on which the Minister received the
15 election--
(a) cause an actuary to determine the
extent to which the pension of a person
who is entitled to receive a pension
under this Act as the spouse or eligible
20 child of a deceased former master
otherwise payable under this Act will
be reduced subject to section 17K(3)
and taking into account the specified
amount of the lump sum to be provided
25 by the commutation of the pension; and
(b) notify the person of the actuary's
determination under sub-section (1)(a).
(2) A person who is entitled to receive a pension
under this Act as the spouse or eligible child
30 of a deceased former master may revoke his
or her election under section 17I within
10 days after the Minister's notification
under sub-section (1)(b).
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17K. Payment and commutation of pensions of
former masters' spouses and eligible
children
(1) If an election under section 17I is in
5 operation, the Minister must cause the
amount of the lump sum to be paid to the
Commissioner of Taxation within the period
stated in the superannuation contributions
surcharge notice to be applied towards
10 payment of the superannuation contributions
surcharge.
(2) On payment of the lump sum, the pension of
a person entitled to receive a pension as the
spouse or eligible child of the deceased
15 former master otherwise payable from time
to time under this Act must be reduced to the
extent determined under section 17J.
(3) For the purposes of section 17J--
(a) the reduction of any future entitlement
20 of the master's spouse or eligible child
to a pension must not exceed 15% of--
(i) an amount equal to the total
pension entitlement of the master
and his or her spouse and eligible
25 children on the day on which the
master resigned or retired; or
(ii) in the case of the master's death
while in office, an amount equal
to his or her spouse's and eligible
30 children's total pension
entitlement on the day on which
the master died; and
(b) the reduction must be a fixed
percentage to be applied to the pension
35 entitlement under the Act; and
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(c) the reduction must be applied from the
day of payment of the lump sum under
sub-section (1).".
_______________
5
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PART 5--MAGISTRATES' COURT ACT 1989
16. Commutation of Chief Magistrate's pension for
payment of superannuation contributions surcharge
See: (1) After section 10A(2) of the Magistrates' Court
Act No.
5 Act 1989 insert--
51/1989.
Reprint No. 6
"(2A) A pension under this section may be
as at
1 July 1999
commuted in the same circumstances and to
and
the same extent as pensions under sections
amending
Act Nos
14AC, 14AF and 14AI of the County Court
1/2000,
10 Act 1958 may be commuted and for that
49/2000,
51/2000,
purpose sections 14AA to 14AI of that Act
53/2000,
apply with such modifications as are
69/2000,
74/2000,
necessary.".
92/2000,
98/2000 and
(2) In section 10A(3) of the Magistrates' Court Act
99/2000.
15 1989 after "section" insert "and any payments of
LawToday:
www.dms.
lump sums provided by the commutation of those
dpc.vic.
pensions".
gov.au
_______________
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PART 6--PUBLIC PROSECUTIONS ACT 1994
17. Commutation of Chief Crown Prosecutor's pension
for payment of superannuation contributions
surcharge
See:
5 (1) After section 18(2) of the Public Prosecutions Act No.
Act 1994 insert-- 43/1994.
Reprint No. 2
"(2A) A pension under this section may be as at
22 December
commuted in the same circumstances and to 1999.
the same extent as pensions under sections LawToday:
www.dms.
10 14AC, 14AF and 14AI of the County Court dpc.vic.
Act 1958 may be commuted and for that gov.au
purpose sections 14AA to 14AI of that Act
apply with such modifications as are
necessary.".
15 (2) In section 18(3) of the Public Prosecutions Act
1994 after "section" insert "and any payments of
lump sums provided by the commutation of those
pensions".
18. Commutation of Senior Crown Prosecutors' pensions
20 for payment of superannuation contributions
surcharge
(1) After section 35(2) of the Public Prosecutions
Act 1994 insert--
"(2A) A pension under this section may be
25 commuted in the same circumstances and to
the same extent as pensions under sections
14AC, 14AF and 14AI of the County Court
Act 1958 may be commuted and for that
purpose sections 14AA to 14AI of that Act
30 apply with such modifications as are
necessary.".
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(2) In section 35(3) of the Public Prosecutions Act
1994 after "section" insert "and any payments of
lump sums provided by the commutation of those
pensions".
5 _______________
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21
Act No.
PART 7--SUPREME COURT ACT 1986
19. New definitions inserted
See:
In section 3(1) of the Supreme Court Act 1986 Act No.
insert the following definitions-- 110/1986.
Reprint No. 3
5 ' "actuary" means a fellow or accredited member as at
1 August 1998
of the Institute of Actuaries of Australia and
approved by the Minister; amending
Act Nos
"superannuation contributions surcharge" 10/1999,
62/1999,
means the superannuation contributions 51/2000,
10 surcharge imposed by the Superannuation 74/2000 and
78/2000.
Contributions Tax (Members of LawToday:
Constitutionally Protected Superannuation www.dms.
dpc.vic.
Funds) Imposition Act 1997 of the gov.au
Commonwealth;
15 "superannuation contributions surcharge
notice" means a notice issued by the
Commissioner of Taxation under
section 15(7) of the Superannuation
Contributions Tax (Members of
20 Constitutionally Protected Superannuation
Funds) Assessment and Collection Act 1997
of the Commonwealth;
"total pension entitlement" means, on a
particular day, the current value of all future
25 pension payments on that day;'.
20. Lump sums for Masters, their spouses and eligible
children payable out of Consolidated Fund
In section 104A(11) of the Supreme Court Act
1986 after "section" insert "and any payments of
30 lump sums provided by the commutation of those
pensions".
21. New sections 104B--104J inserted
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After section 104A of the Supreme Court Act
1986 insert--
"104B. Election of Masters to commute future
pensions for payment of superannuation
5 contributions surcharge
(1) A Master may elect in writing to the Minister
to have part of his or her future pension
entitlement and that of his or her spouse or
eligible child, if any, under this Act
10 commuted to provide a lump sum for the
purposes of payment of the whole of the
liability for the superannuation contributions
surcharge arising because of the entitlement
of the Master or his or her spouse or eligible
15 child to receive a pension under this Act.
(2) A Master may by notice in writing to the
Minister revoke his or her election under
sub-section (1).
104C. Actuary's first calculation after election of
20 Masters to commute pensions
(1) If an election under section 104B is in
operation, within 10 days after the day on
which a Master resigns, retires or dies while
in office, the Minister must--
25 (a) cause an actuary to determine the
extent to which the former Master's
pension and any future entitlement of
the Master's spouse or eligible child to
a pension upon the Master's death
30 otherwise payable under this Act will
be reduced subject to sub-section (4)
and taking into account the lump sum
to be provided by the commutation of
part of the Master's total pension
35 entitlement and that or his or her spouse
or eligible child at the time at which the
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former Master became entitled to his or
her pension for the purposes of
payment of the whole of the liability for
the superannuation contributions
5 surcharge; and
(b) notify the former Master or, if he or she
has died, the former Master's spouse or
eligible child of the actuary's
determination under sub-section (1)(a).
10 (2) A former Master or, if he or she has died, the
former Master's spouse or eligible child may
revoke the election under section 104B
within 10 days after the Minister's
notification under sub-section (1)(b).
15 (3) If an election under section 104B is in
operation, the former Master's pension and
any future entitlement of the former Master's
spouse or eligible child to a pension upon the
Master's death otherwise payable from time
20 to time under this Act must be reduced to the
extent determined under sub-section (1).
(4) For the purposes of sub-section (1)--
(a) the reduction of the former Master's
pension must not exceed 15% of his or
25 her total pension entitlement under the
Act on the day on which the Master
resigned or retired; and
(b) the reduction of any future entitlement
of the Master's spouse or eligible child
30 to a pension must not exceed 15% of an
amount equal to the total pension
entitlement of the Master's spouse and
eligible children on the day on which
the Master resigned, retired or died
35 while in office; and
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(c) each reduction referred to in paragraph
(a) and (b) must be a fixed percentage
to be applied to the pension entitlement
under the Act and, if paragraphs (a) and
5 (b) both apply, the percentage must be
the same; and
(d) each reduction must be applied from
the entitlement day according to
paragraph (a) or (b).
10 104D. Actuary's second calculation after election
of Masters to commute pensions and
payment of lump sums
(1) If an election under section 104B is in
operation, a former Master or, if he or she
15 has died, the Master's spouse or eligible
child must, within 60 days after the day on
which a superannuation contributions
surcharge notice was issued in respect of the
Master's pension or his or her spouse's or
20 eligible child's pension, lodge with the
Minister--
(a) a notice that authorises the Minister to
pay the lump sum that is equal to the
superannuation contributions surcharge
25 on behalf of the former Master or his or
her spouse or eligible child to the
Commissioner of Taxation to be
applied wholly towards payment of the
superannuation contributions
30 surcharge; and
(b) a copy of the superannuation
contributions surcharge notice.
(2) Within 10 days after the day on which the
Minister received the authorisation and a
35 copy of the superannuation contributions
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surcharge notice under sub-section (1), the
Minister must cause an actuary--
(a) to review the determination made under
section 104C(1); and
5 (b) subject to section 104C(4), make any
necessary adjustments to the
determination and to the pension
payable to the former Master and to any
future entitlement of the former
10 Master's spouse or eligible child to a
pension upon the Master's death.
(3) If an election under section 104B is in
operation and the Minister has received an
authorisation under sub-section (1), the
15 Minister must cause the amount of the lump
sum to be paid to the Commissioner of
Taxation within the period stated in the
superannuation contributions surcharge
notice to be applied towards payment of the
20 superannuation contributions surcharge.
104E. Election of former Masters to commute
pensions for payment of superannuation
contributions surcharge
(1) If no election under section 104B is in
25 operation, a former Master who is entitled to
receive a pension under this Act may elect to
have part of his or her pension and that of his
or her spouse or eligible child, if any,
commuted to provide a lump sum for the
30 purposes of payment of the whole or part of
the liability for the superannuation
contributions surcharge arising because of
the entitlement of the former Master or his or
her spouse or eligible child to receive a
35 pension under this Act.
(2) An election under sub-section (1) must--
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(a) be made in writing to the Minister
within 60 days after the day on which a
superannuation contributions surcharge
notice is issued in respect of a former
5 Master's pension or his or her spouse's
or eligible child's pension; and
(b) specify the amount of the lump sum
(not exceeding the superannuation
contributions surcharge) to be provided
10 by the commutation of the pension; and
(c) authorise the Minister to pay the lump
sum on behalf of the former Master or
his or her spouse or eligible child to the
Commissioner of Taxation to be
15 applied wholly towards payment of the
superannuation contributions
surcharge; and
(d) be accompanied by a copy of the
superannuation contributions surcharge
20 notice.
104F. Actuary's calculation after former Masters'
election to commute pensions
(1) If an election under section 104E is in
operation, the Minister must within 10 days
25 after the day on which the Minister received
the election--
(a) cause an actuary to determine the
extent to which a former Master's
pension and any future entitlement of
30 the spouse or eligible child of the
former Master to a pension upon the
Master's death otherwise payable under
this Act will be reduced subject to
section 104G(3) and taking into
35 account the specified amount of the
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lump sum to be provided by the
commutation of the pensions; and
(b) notify the former Master or, if he or she
has died, the former Master's spouse or
5 eligible child of the actuary's
determination under sub-section (1)(a).
(2) A former Master or, if he or she has died, the
former Master's spouse or eligible child may
revoke the election under section 104E
10 within 10 days after the Minister's
notification under sub-section (1)(b).
104G. Payment and commutation of pensions of
former Masters
(1) If an election under section 104E is in
15 operation, the Minister must cause the
amount of the lump sum to be paid to the
Commissioner of Taxation within the period
stated in the superannuation contributions
surcharge notice to be applied towards
20 payment of the superannuation contributions
surcharge.
(2) The former Master's pension and any future
entitlement of the Master's spouse or eligible
child to a pension upon the Master's death
25 otherwise payable from time to time under
this Act must be reduced to the extent
determined under section 104F in
consequence of the payment of the lump
sum.
30 (3) For the purposes of section 104F--
(a) the reduction of the former Master's
pension must not exceed 15% of his or
her total pension entitlement under the
Act on the day on which the Master
35 resigned or retired; and
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(b) the reduction of any future entitlement
of the Master's spouse or eligible child
to a pension must not exceed 15% of an
amount equal to the total pension
5 entitlement of the Master's spouse and
eligible children on the day on which
the Master resigned or retired; or
(c) each reduction referred to in paragraph
(a) and (b) must be a fixed percentage
10 to be applied to the pension entitlement
under the Act and, if paragraphs (a) and
(b) both apply, the percentage must be
the same; and
(d) the reduction must be applied from the
15 day of payment of the lump sum under
sub-section (1).
104H. Election of Masters' spouses and eligible
children to commute pensions for payment
of superannuation contributions surcharge
20 (1) If no election made under section 104B or
104E is in operation, a person who is entitled
to receive a pension under this Act as the
spouse or eligible child of a deceased former
Master may elect to have part of his or her
25 pension commuted to provide a lump sum
for the purposes of payment of the whole or
part of the liability for the superannuation
contributions surcharge arising because of
the entitlement of the former Master to
30 receive a pension under this Act or the
entitlement of the deceased former Master's
spouse or eligible child to receive a pension
under this Act.
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(2) An election under sub-section (1) must--
(a) be made in writing to the Minister
within 60 days after the day on which a
superannuation contributions surcharge
5 notice was issued in respect of the
deceased former Master's pension or his
or her spouse's or eligible child's
pension; and
(b) specify the amount of the lump sum
10 (not exceeding the superannuation
contributions surcharge) to be provided
by the commutation of the pension; and
(c) authorise the Minister to pay the lump
sum on behalf of the person who is
15 entitled to receive a pension under this
Act as the spouse or eligible child of a
deceased former Master to the
Commissioner of Taxation to be
applied wholly towards payment of the
20 superannuation contributions
surcharge; and
(d) be accompanied by a copy of the
superannuation contributions surcharge
notice.
25 104I. Actuary's calculation of reduction of
pensions of Masters' spouses and eligible
children
(1) If an election is made under section 104H,
the Minister must within 10 days after the
30 day on which the Minister received the
election--
(a) cause an actuary to determine the
extent to which the pension of a person
who is entitled to receive a pension
35 under this Act as the spouse or eligible
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child of a deceased former Master
otherwise payable under this Act will
be reduced subject to section 104J(3)
and taking into account the specified
5 amount of the lump sum to be provided
by the commutation of the pension; and
(b) notify the person of the actuary's
determination under sub-section (1)(a).
(2) A person who is entitled to receive a pension
10 under this Act as the spouse or eligible child
of a deceased former Master may revoke his
or her election under section 104H within
10 days after the Minister's notification
under sub-section (1)(b).
15 104J. Payment and commutation of pensions of
former Masters' spouses and eligible
children
(1) If an election under section 104H is in
operation, the Minister must cause the
20 amount of the lump sum to be paid to the
Commissioner of Taxation within the period
stated in the superannuation contributions
surcharge notice to be applied towards
payment of the superannuation contributions
25 surcharge.
(2) On payment of the lump sum, the pension of
a person entitled to receive a pension as the
spouse or eligible child of the deceased
former Master otherwise payable from time
30 to time under this Act must be reduced to the
extent determined under section 104I.
(3) For the purposes of section 104I--
(a) the reduction of any future entitlement
of the Master's spouse or eligible child
35 to a pension must not exceed 15% of--
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s. 21
Act No.
(i) an amount equal to the total
pension entitlement of the Master
and his or her spouse and eligible
children on the day on which the
5 Master resigned or retired; or
(ii) in the case of the Master's death
while in office, an amount equal
to his or her spouse's and eligible
children's total pension
10 entitlement on the day on which
the Master died; and
(b) the reduction must be a fixed
percentage to be applied to the pension
entitlement under the Act; and
15 (c) the reduction must be applied from the
day of payment of the lump sum under
sub-section (1).".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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