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SUPREME COURT ACT 1986 - SECT 104G Payment and commutation of pensions of former Associate Judges

SUPREME COURT ACT 1986 - SECT 104G

Payment and commutation of pensions of former Associate Judges

    (1)     If an election under section 104E 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.

S. 104G(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 33(2)(a).

    (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 104F in consequence of the payment of the lump sum.

    (3)     For the purposes of section 104F

S. 104G(3)(a) amended by No. 24/2008 s. 33(2).

        (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

S. 104G(3)(b) amended by Nos 23/2008 s. 16(3), 24/2008 s. 33(2).

        (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; or

        (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).

S. 104H (Heading) amended by Nos 23/2008 s. 16(5), 24/2008 s. 34(1).

S. 104H inserted by No. 19/2001 s. 21.