Victorian Consolidated Legislation

County Court Act 1958 - SECT 14AI

Payment and commutation of pensions of former judges' partners and eligible children

14AI. Payment and commutation of pensions of former judges' partners and
eligible children



(1) If an election under section 14AG 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) On payment of the lump sum, the pension of a person entitled to receive a
pension as the partner or eligible child of the deceased 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 of the judge's partner 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 partner and eligible 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 to
        his or her partner's and eligible children's total pension entitlement
        on the day on which the judge died; and

   (b)  the reduction must be a fixed 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 subsection (1).