(1) In this Act, unless the context or subject matter otherwise indicates or requires: Acting judge means:
(a) an Acting Judge of the Supreme Court of New South Wales, or (b) an acting member of the Industrial Relations Commission of New South Wales, or (c) an Acting Judge of the Industrial Court, or (d) an acting judicial member of the Industrial Relations Commission of New South Wales, or (e) an acting Judge of the Land and Environment Court (under the ), or Land and Environment Court Act 1979 (f) an Acting Judge of a District Court (under the ), or District Court Act 1973 (g) an acting Judge of the Compensation Court (under the ). Compensation Court Act 1984 Appointed day means the day on which thecommenced. Judges’ Pensions (Amendment) Act 1974 Child includes adopted child.de facto partner of a person means a person who is in a de facto relationship with the other person.Note— “De facto relationship” is defined in section 21C of the . Interpretation Act 1987 Eligible child means:
(a) a child under the age of sixteen years, or (b) a child who:
(i) has attained the age of sixteen years but is under the age of twenty-five years, and (ii) is receiving full-time education at a school, university or college. increased retirement age day means the day on which the amendments made to section 44 (Retirement of judicial officers) of theby the Judicial Officers Act 1986 commenced. Justice Legislation Amendment Act (No 3) 2018 Judge means a person holding the office of Chief Justice or puisne judge of the Supreme Court of New South Wales, President of the Court of Appeal or Judge of Appeal, President or other member of the Industrial Commission of New South Wales, Judge of the Industrial Court, judicial member of the Industrial Relations Commission of New South Wales, Chief Judge or Judge of the Land and Environment Court, Chief Judge or Judge of the District Court, or Chief Judge or Judge of the Compensation Court of New South Wales.mandatory judicial retirement age , in relation to a judge, means the maximum age at which the judge is required by law to retire.Note— Before the increased retirement age day, section 44 of the provided for a maximum retirement age for judges of 72 years. Judicial Officers Act 1986 Section 44 of the was amended on the increased retirement age day by the Judicial Officers Act 1986 to increase the maximum retirement age for judges to 75 years. Clause 9 of Schedule 6 to the Justice Legislation Amendment Act (No 3) 2018 provides that the new retirement age does not apply to judges holding office who were appointed before the increased retirement age day unless they consent to the change applying to them as required by section 55 (2) of the Judicial Officers Act 1986 . The retirement age of 72 years continues to apply to judges who do not consent to the increased retirement age applying to them. Constitution Act 1902 Retired judge means a judge who has retired as referred to in section 3 (1), 4 or 5 (1).spouse of a person includes a de facto partner.Superannuation contributions surcharge means the superannuation contributions surcharge imposed by theof the Commonwealth. Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Imposition Act 1997 surviving spouse of a judge, retired judge, former judge or former acting judge who has died (thedeceased person ) means a person who was the spouse of the deceased person at the time of the death of the deceased person.Note— The contains definitions and other provisions that affect the interpretation and application of this Act. Interpretation Act 1987
(1) This section applies to a retired judge who retired from his or her judicial office before, on or after the appointed day where his or her retirement was certified by an appropriate authority to have been due to permanent disability or infirmity.
(1) Where, before, on or after the appointed day, a retired judge died or dies leaving a surviving spouse who was the judge’s spouse at the time of the judge’s retirement, or a judge died or dies in office, the surviving spouse is entitled:
(a) where the judge or retired judge died before the appointed day—during the period commencing on the appointed day and ending on the spouse’s death, or (b) where the judge or retired judge dies on or after the appointed day—during the period commencing on the day after the judge’s or retired judge’s death and ending on the spouse’s death, to a pension at an annual rate that, at any time during that period, is a percentage, calculated as provided by this section, of the notional judicial salary of the judge or retired judge at that time. (1A) If a retired judge dies on or after 29 November 2002 leaving a surviving spouse who became the spouse of the retired judge after the judge retired, and the surviving spouse is an eligible spouse, the surviving spouse is entitled, during the period commencing on the day after the retired judge’s death and ending on the spouse’s death:
(a) if the retired judge and surviving spouse had been married or living in the relationship for 3 years or more immediately before the death—to a pension at an annual rate that, at any time during that period, is a percentage, calculated as provided by subsection (4), of the notional judicial salary of the retired judge at that time, or (b) if the retired judge and surviving spouse had been married or living in the relationship for less than 3 years immediately before the death—to a pension as referred to in paragraph (a), but reduced on a pro rata basis according to the proportion that the period of the marriage or relationship bears to 3 years. (1B) For the purposes of subsection (1A): eligible spouse of a retired judge means a person who has or had in his or her marriage or relationship with the retired judge a child, being:
(a) a child of the spouse and the retired judge who was, in the opinion of the Minister, wholly or substantially dependent on the retired judge at any time during the marriage or relationship, or (b) a child of the retired judge who was conceived before and born alive after the death of the retired judge.
(1) If a person’s pension under section 6 ceased to be payable before the commencement day because the person remarried, the person may apply to the Attorney General for the pension to be restored. (2) If the Attorney General is satisfied that:
(a) the person is in need, or (b) the restoration of the person’s pension is otherwise justified, the Attorney General may direct in writing that the person’s pension is to be restored.
(1) Despite any other provision of this Act, if a pension is payable under this Act to or in respect of a judge or former judge who has previously been paid a lump sum benefit:
(a) under this Act, or (b) under an Act of another State, a Territory or the Commonwealth in respect of any prior judicial service, the amount of any pension payable from time to time under this Act is to be reduced having regard to the value of the lump sum benefit paid.
(1) A retired judge who is entitled to a pension under this Act may elect to have part of the pension commuted to a lump sum for the purposes of payment of a liability for superannuation contributions surcharge arising because of that entitlement. (2) A person (other than a retired judge) who is entitled to a pension under this Act may elect to have part of the pension commuted to a lump sum for the purposes of payment of a liability for superannuation contributions surcharge arising in relation to:
(a) a judge who has died, or (b) a retired judge who died without making an election under subsection (1) and before the period applicable to the retired judge for making such an election ended. (3) An election:
(a) may relate to the whole or part of an outstanding liability for superannuation contributions surcharge, and (b) must be made in writing to the Minister not later than 2 months after the liability to pay the amount of the superannuation contributions surcharge arises, or within such further period as the Minister may allow.
(1) A lump sum benefit calculated in accordance with section 13 is payable to or in respect of a judge or acting judge qualified under section 15:
(a) if the judge or acting judge dies, or (b) if the judge or acting judge ceases to be employed as a judge or acting judge in the circumstances in which a benefit is payable for the purposes of complying with a relevant Commonwealth superannuation standard, or (c) in any other circumstances in which a benefit is payable to comply with any such standard or may be paid in respect of a member of a regulated superannuation fund under any such standard, and is so payable in accordance with subsections (4) and (5). (2) If the whole or part of a lump sum benefit payable to a former judge or former acting judge would be required to be preserved if a relevant Commonwealth superannuation standard applied to the benefit, that amount must, on the election of the former judge or former acting judge, be paid to:
(a) a regulated superannuation fund, or (b) an approved deposit fund, or (c) an RSA institution.
(1) This section applies to the following pensions or lump sum benefits payable under this Act:
(a) a pension payable to the surviving spouse of a deceased judge or retired judge under section 6, (b) a lump sum benefit payable to the surviving spouse of a deceased former judge or former acting judge under section 14. (2) If a pension or lump sum benefit to which this section applies would be payable to more than 1 person because a judge, retired judge, former judge or former acting judge (the deceased person ) has died leaving more than 1 surviving spouse:
(a) the pension or lump sum benefit is payable in accordance with a determination made by the Minister, and not otherwise, and (b) the total amount of pension or lump sum benefit payable to those persons at any time is not to exceed the amount that would be payable if there were only 1 spouse. (3) For the purposes of subsection (2) (a), the Minister may determine in relation to a pension or lump sum benefit to which this section applies:
(a) that the pension or lump sum benefit is not payable to such of the persons concerned as the Minister specifies, or (b) that the amount of the pension or lump sum benefit is to be apportioned between the persons concerned in such manner as the Minister specifies.
(Section 19)