Victorian Consolidated Legislation

County Court Act 1958 - SECT 17K

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

17K. Payment and commutation of pensions of former associate judges' partners
and eligible children



(1) If an election under section 17I 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 associate
judge otherwise payable from time to time under this Act must be reduced to
the extent determined under section 17J.





(3) For the purposes of section 17J-

   (a)  the reduction of any future entitlement of the associate 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 associate
        judge and his or her partner and eligible children on the day on which
        the associate judge resigned or retired; or

   (ii) in the case of the associate 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 associate 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).

Division 4-Registrars