Victorian Consolidated Legislation

County Court Act 1958 - SECT 17H

Payment and commutation of pensions of former associate judges

17H. Payment and commutation of pensions of former associate judges



(1) If an election under section 17F 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 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 from time to time under this Act must be
reduced to the extent determined under section 17G in consequence of the
payment of the lump sum.



(3) For the purposes of section 17G-

   (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 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).