Pension rights—Commissioner

Current

(1)

Subject to this section, the Judges'

Pensions Act 1971 applies to and in relation to the Commissioner as if—

(a)

the

Commissioner were a Judge as defined in that Act; and

(b)

their service as Commissioner were judicial service as defined in that

Act.

(2)

Application of the Judges'

Pensions Act 1971 to the Commissioner under subsection (1) operates subject to the following:

(a)

a person who has completed 5 years of service as Commissioner, whether occurring before or after the commencement of this section, is entitled to a pension under that Act;

(b)

a person who has completed less than 5 years service as

Commissioner is not entitled to a pension by virtue of this section (but this provision does not affect the operation of section 7 of the Judges'

Pensions Act 1971 insofar as that section applies to the Commissioner);

(c)

the pension will be paid at a rate, not exceeding 60% of salary, equal to the sum of—

(i)

50% of salary; and

(ii)

1% of salary for each complete 6 months of service as Commissioner following the first 5 years of service, and will become payable—

(iii)

if the person ceases to be the Commissioner before reaching the age of 60—when the person—

(A)

reaches the age of 60; or

(B)

satisfies the Minister that because of invalidity their incapacity for all kinds of work is 60% or more of total incapacity and is likely to be permanent; or

(iv)

if the person ceases to be the Commissioner on or after reaching the age of 60—immediately;

(d)

any modifications to the Act—

(i)

specified by the Governor by instrument in writing; or

(ii)

necessary or convenient to give effect to this section.

(3)

Unless the Governor otherwise directs, no pension is to be payable under the Judges'

Pensions Act 1971 if the Commissioner is removed from office under section 8(9).

(4)

Any period during which a person has been suspended from office under section 8(10) is not to count as service as Commissioner for the purposes of subsection (2).

(5)

The

Governor may, by instrument in writing made at any time, declare that a form of service that is, or is deemed under a law of the

State to be, judicial service for the purposes of the Judges'

Pensions Act 1971, is to be counted as service as Commissioner for the purposes of subsection (2).

(6)

A pension or benefit payable to a person who was Commissioner, or to the surviving spouse, domestic partner or child of any such person, by virtue of subsection (1) is to be taken to be a pension or benefit payable under the Judges'

Pensions Act 1971.

(7)

If the Judges'

Pensions Act 1971 has applied, by virtue of this section, to a person who is or has been Commissioner and that person is subsequently appointed as a

Judge as defined in the Judges'

Pensions Act 1971, that Act will apply to and in relation to that person as if—

(a)

service by that person as the Commissioner were judicial service as defined in that Act; and

(b)

section

5 of that Act had not been enacted.

(8)

If a person referred to in subsection (7) was, immediately before being appointed as a Judge, in receipt of a pension under the Judges'

Pensions Act 1971, that pension ceases on the appointment as a Judge.

(9)

If the Judges'

Pensions Act 1971 is to apply to a person appointed as the Commissioner by virtue of this section and the person was, immediately before being appointed as the Commissioner, in receipt of a pension under that Act, that pension ceases on the appointment as Commissioner for the term of the appointment.

(10)

If—

(a)

a person is entitled to a pension under the Judges'

Pensions Act 1971 by virtue of this section and also by virtue of another law of the

State; and

(b)

the amount of the pension payable by virtue of this section differs from the amount of pension payable by virtue of the other law, the person will be entitled to whichever pension is the greater.

(11)

In this section—

Consumer

Price Index means the Consumer Price Index (All groups index for Adelaide);

salary, in relation to a person entitled to a pension under the Judges'

Pensions Act 1971 by virtue of this section—

(a)

has the meaning prescribed by the regulations; or

(b)

if no regulation has been made for the purposes of paragraph (a)—means the salary payable to the person immediately before they ceased to be Commissioner, adjusted to reflect changes in the Consumer Price

Index between the day on which the person ceased to be Commissioner and the day on which a pension becomes payable to the person under this section;

service as Commissioner includes the aggregate of any periods of service as Acting

Commissioner and a reference to service by a person as the

Commissioner is to be construed accordingly.

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9A Pension rights—Commissioner