Western Australian Consolidated Acts

JUDGES' SALARIES AND PENSIONS ACT 1950 - SECT 17

17 .         Benefit if no pension payable

        (1)         If a judge ceases to hold office as a judge (other than as a result of the death of the judge) but does not become entitled to a pension under this Act, the judge is entitled to —

            (a)         if the judge is under 55 years of age, a preserved benefit; or

            (b)         otherwise, payment of a lump sum benefit,

                of an amount determined under subsection (3).

        (2)         If a judge who does not have a spouse or de facto partner dies while still in office a lump sum benefit of an amount determined under subsection (3) is to be paid to the executor or administrator of the judge’s estate.

        (3)         The amount of the lump sum benefit is the amount determined by the Minister on the advice of an actuary to be —

            (a)         the minimum benefit required for the State not to incur an individual superannuation guarantee shortfall in respect of the judge; less

            (b)         the employer sponsored component of any benefit —

                  (i)         to which the judge is entitled as a result of ceasing to hold office as a judge; or

                  (ii)         payable as a result of the death of the judge,

                (as the case requires) from any other superannuation scheme to which the State contributed in respect of the judge while he or she was a judge.

        (4)         A preserved benefit to which a judge is entitled under subsection (1)(b) is to be dealt with in accordance with the Superannuation Industry (Supervision) Act 1993 of the Commonwealth as if —

            (a)         the benefit were a preserved benefit in a regulated superannuation fund (within the meaning of that Act); and

            (b)         the preservation age for the judge was 55 years (or such greater age as is prescribed).

        (5)         If a judge who is entitled to a benefit under subsection (1) dies before it is paid, the benefit is to be paid to the executor or administrator of the judge’s estate.

        (6)         Benefits payable under this section are to be charged to the Consolidated Account which is, to the necessary extent, appropriated accordingly.

        (7)         The Governor may make regulations prescribing an age greater than 55 years for the purposes of subsection (4)(b).

        (8)         In subsection (3) —

        individual superannuation guarantee shortfall has the meaning given by section 17 of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth.

        [Section 17 inserted by No. 65 of 2003 s. 104; amended by No. 77 of 2006 s. 4.]