Judges' Pensions Act 1968

In addition to any requirements in Division 135 in Schedule 1 to the Taxation Administration Act 1953:

the amount of a release authority lump sum paid in relation to a release authority issued to a Judge must not have the effect that the Judge’s retirement pension is reduced below zero; and

the amount of a release authority lump sum paid in relation to a release authority issued to a person must not have the effect that the person’s associate deferred pension is reduced below zero.

For the purpose of subsection (1), the effect of a release authority lump sum on the amount of a Judge’s retirement pension is to be worked out after taking account of:

any adjustment applicable to the Judge’s retirement pension under section 6B or 6C (which deals with surcharge debt); and

any reduction under Part 3 (which deals with family law splitting).

For the purpose of subsection (1), the effect of a release authority lump sum on the amount of a person’s associate deferred pension is to be worked out after taking account of any reduction under Part 3 (which deals with family law splitting).