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SUPREME COURT ACT 1986 - SECT 104J Payment and commutation of pensions of former Associate Judges' partners and eligible children

SUPREME COURT ACT 1986 - SECT 104J

Payment and commutation of pensions of former Associate Judges' partners and eligible children

    (1)     If an election under section 104H 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. 104J(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(2)(a).

    (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 104I.

    (3)     For the purposes of section 104I

S. 104J(3)(a) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(2)(b).

        (a)     the reduction of any future entitlement of the Associate Judge's partner or eligible child to a pension must not exceed 15% of—

S. 104J(3)(a)(i) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(2)(a).

              (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

S. 104J (3)(a)(ii) amended by Nos 23/2008 s. 16(4), 24/2008 s. 35(2).

              (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).

S. 104JA inserted by No. 63/2013 s. 64.