Victorian Consolidated Legislation

County Court Act 1958 - SECT 17D

Actuary's first calculation after election of associate judges to commute pensions

17D. Actuary's first calculation after election of associate judges to commute
pensions







(1) If an election under section 17C is in operation, within 10 days after the
day on which an associate judge resigns, retires or dies while in office, the
Minister must-

   (a)  cause an actuary to determine the extent to which the former associate
        judge's pension and any future entitlement of the associate judge's
        partner or eligible child to a pension upon the associate judge's
        death otherwise payable under this Act will be reduced subject to
        subsection (4) and taking into account the lump sum to be provided by
        the commutation of part of the associate judge's total pension
        entitlement and that of his or her partner or eligible child at the
        time at which the former associate judge became entitled 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 associate judge or, if he or she has died, the
        former associate judge's partner or eligible child of the actuary's
        determination under subsection (1)(a).

(2) A former associate judge or, if he or she has died, the former associate
judge's partner or eligible child may revoke the election under section 17C
within 10 days after the Minister's notification under subsection (1)(b).

(3) If an election under section 17C is in operation, the former associate
judge's pension and any future entitlement of the former associate judge's
partner or eligible child to a pension upon the associate judge's death
otherwise payable from time to time under this Act must be reduced to the
extent determined under subsection (1).

(4) For the purposes of subsection (1)-

   (a)  the reduction of the former associate judge's pension must not exceed
        15% of his or her total pension entitlement under the Act on the day
        on which the associate judge resigned or retired; and

   (b)  the reduction of any future entitlement of the associate judge's
        partner or eligible child to a pension must not exceed 15% of an
        amount equal to the total pension entitlement of the associate judge's
        partner and eligible children on the day on which the associate judge
        resigned, retired or died while in office; 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)  each reduction must be applied from the entitlement day according to
        paragraph (a) or (b).