Victorian Consolidated Legislation

County Court Act 1958 - SECT 14AF

Payment and commutation of pensions of former judges

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 Commissioner of Taxation within
the period stated in the superannuation contributions surcharge notice to be
applied towards payment of the superannuation contributions surcharge.

(2) The former judge's pension and any future entitlement of the judge's
partner 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 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 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 of the judge's partner or
        eligible child to a pension must not exceed 15% of an amount equal to
        the total pension entitlement of the judge's partner and 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 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 day of payment of the lump sum
        under subsection (1).