Supreme Court (Judges Pensions) Act 1980

A Judge is entitled to a pension under this section if:

sections 13B and 13C do not apply to the Judge; and

the Judge retires and the Attorney-General certifies that the retirement is due to permanent disability or infirmity.

The pension is to be paid at one of the following rates:

if, at the time of the Judge's appointment as a Judge, the

Judge's period of service as a Judge could not exceed 15 years –

one-third of 1% of the appropriate current judicial salary for:

each completed month of service as a Judge (if any); and

each complete month of service the Judge could have served from the date of retirement until the Judge would have ceased to hold office on attaining a particular age;

in any other case – 60% of the appropriate current judicial salary.

Examples for subsection (2)

1 A Judge serves as a Judge for 8 years before retiring due to permanent disability on the day the Judge turns 70. The Judge had not served a period mentioned in section 3(2). Under the Supreme Court Act 1979, the Judge could have continued to hold office for another 5 years until turning 75.

However, at the time of the Judge's appointment the Judge could not have held office for 15 years so the Judge is entitled to a pension under subsection (2)(a).

2 A Judge serves as a Judge for 8 years before retiring due to permanent disability on the day the Judge turns 70. The Judge had previously served as an acting

Accordingly, after accounting for the Judge's prior service as an acting Judge, the Judge could have served more than 15 years until attaining the age of 75 and the Judge is entitled to a pension under subsection (2)(b).

Part 5 Reduction of pension entitlement to pay tax debts