CONSTITUTION ACT 1975 - SECT 83AAA Effect of part-time service arrangement on judicial pensions

CONSTITUTION ACT 1975 - SECT 83AAA

    (1)     If a Judge of the Court has served under a part-time service arrangement, his or her pension under section 83, and any pension payable in relation to the Judge's partner or eligible children under that section, is reduced by multiplying the amount of the pension by the relevant factor determined under subsection (2) or (3).

    (2)     Subject to subsection (3), the factor for the purposes of subsection (1) is the highest of—

        (a)     the proportion of service that occurs during the period when the Judge served in the office of Judge of the Court;

        (b)     if the Judge is eligible for a pension under section 83(1)(a), the proportion of service that occurs within the 10 year period immediately before the Judge's retirement or resignation;

        (c)     if the Judge is eligible for a pension under section 83(1)(aa), the proportion of service that occurs in the periods in office that—

              (i)     involve the highest proportion of full-time duties; and

              (ii)     cumulatively total 20 years.

    (3)     If a Judge of the Court continues service in office beyond the date on which he or she would qualify for a pension and a higher factor would have been calculated under subsection (2) if the Judge's period of office had ended on a date between that date of qualification and the date the Judge actually resigns or retires, that higher factor is the factor by which the pension must be multiplied under subsection (1).

    (4)     In this section—

"judicial service" means the sum of—

        (a)     all part-time service performed by a Judge of the Court calculated by reference to the proportion of full‑time duties specified by each part-time service arrangement; and

        (b)     all full-time service performed by the Judge;

"proportion of service" means the judicial service during the relevant period divided by the relevant period.

Example

Judge A is appointed at the age of 55 and retires after 15 years at the age of 70. Judge A serves a combination of full-time and part-time service as follows—

(a)     first 8 years as a Judge is part-time service at 0∙8 of full-time service;

(b)     next 7 years as a Judge is full-time service.

At the time of Judge A's retirement, the period that Judge A served in the office of Judge under subsection (2)(a) was 15 years and the proportion of service during that period was 13∙4 years (i.e. 8 × 0∙8 + 7). In the 10 year period immediately before Judge A's retirement, the proportion of service was 9∙4 years

(i.e. 3 × 0∙8 + 7).

The proportion of service under subsection (2)(a) is 0∙893 (i.e. 13∙4 ÷ 15) and under subsection (2)(b) is 0∙94

(i.e. 9∙4 ÷ 10) and these are the relevant factors.

Subsection (3) does not alter the relevant factor in this case.

The highest proportion of service is 0∙94, which is the relevant factor. Judge A will therefore receive 94∙0% of a full judicial pension.

S. 83AA inserted by No. 19/2001 s. 8.