Victorian Consolidated Legislation

Constitution Act 1975 - SECT 7A

Governor's pension

7A. Governor's pension





(1) Every Governor who-

   (a)  has resigned or retired after serving in the office of Governor for a
        period of not less than five years; or

   (b)  having served in the office of Governor for a period less than five
        years has retired or resigned and the Governor in Council is satisfied
        that that person's retirement or resignation was due to ill health or
        physical or mental incapacity to perform the duties of that person's
        office-

shall subject to subsection (4) be entitled upon resignation or retirement
from his office to a pension payable fortnightly at the rate per annum of
sixty per centum of the annual salary of the Chief Justice of Victoria for the
time being fixed under section 82(1).

(2) Reference to a Governor in subsection (1) of this section shall include a
reference to any former Governor provided that any pension to which such
former Governor thereby becomes entitled under this section shall only become
due and payable on and from the date on which the Constitution (Governor's
Pension) Act 1978 comes into operation and not before.

(2A) A Governor who-

   (a)  resigns or retires after serving in the office of Governor for a
        period of not less than one year but less than five years; and

   (b)  is not entitled to a pension under subsection (1)(b)-

is, subject to subsection (4), entitled upon resignation or retirement from
office to a pension payable fortnightly-

   (c)  at the rate per annum calculated in accordance with the formula where-

A is the amount of the pension to which the Governor would have been entitled
under subsection (1) if the Governor had served in the office for five years;
and
B is the number of full years served by the Governor in the office; or

   (d)  at such higher rate per annum as was determined by the Governor in
        Council on the recommendation of the Premier and Minister
        administering Part 7 of the Financial Management Act 1994 when the
        Governor was appointed or as is so determined when the Governor
        resigns or retires.

(2B) A reference to a Governor in subsection (2A) includes a reference to a
former Governor who resigns or retires on or after the commencement of section
5 of the Constitution (Governor's Salary and Pension) Act 1985.

(3) Upon the death-







   (a)  of any person who at the time of that person's death was serving in
        the office of Governor; or

   (b)  of any person who being a former Governor is entitled to a pension
        under this section-

that person's partner shall subject to subsection (4) until the partner's
death or marriage or until the partner becomes the domestic partner of another
person be entitled to a pension payable fortnightly at the rate per annum of-

   (c)  if the person was entitled to a pension under subsection
        (1)-three-eighths of the annual salary of the Chief Justice of
        Victoria for the time being fixed under section 82(1);

   (d)  if the person was entitled to a pension under subsection
        (2A)-three-eighths of the pension to which the person would have been
        entitled but for the death.

(4) The pension to which a person is entitled under this section shall be
reduced by an amount equal to the total of the amounts, if any, that that
person is entitled to receive by way of pension or retirement allowance in
respect of that person's service or the service of the partner of that person
under the Crown whether in right of the State of Victoria or otherwise in
respect of public service in any part of the British Commonwealth of Nations
but not including any amounts payable to that person under the Commonwealth
Veterans' Entitlements Act 1986 as amended from time to time or under any
other Act enacted in any part of the British Commonwealth of Nations and
proclaimed by proclamation of the Governor in Council published in the
Government Gazette as an Act for the purposes of this subsection.

(5) Notwithstanding anything contained in subsection (3) of this section no
pension shall be payable to the partner of any former Governor in any case
where that partner married or became the domestic partner of that former
Governor after that person ceased to be the Governor.

(5A) Subsections (8) to (22) of section 83 apply with such modifications as
are necessary to and in respect of a pension under this section in the same
circumstances and to the same extent as those subsections apply to and in
respect of a pension under section 83.

(6) All pensions payable pursuant to this section and any payments of lump
sums provided by the commutation of those pensions shall be payable out of the
Consolidated Fund which is hereby to the necessary extent appropriated
accordingly.