Document ID: chunk:federal_register_of_legislation:C2024C00500:section:6a
Version: federal_register_of_legislation:C2024C00500
Segment Type: section
Provision Reference: s 6A
Character Range: 32612–34232

6A  Rate of pension—Judge's surcharge debt account not in debit
 (1) This section applies to a Judge if the Judge's surcharge debt account is not in debit when a pension becomes payable to him or her.
Note: For surcharge debt account see subsection 4(1).
 (2) Subject to sections 16, 17AD and 17AH, if the Judge is entitled to a pension because of subsection 6(1) or (2) or paragraph 6(2A)(a), the annual rate of the pension is 60% of the appropriate current judicial salary.
Note: For appropriate current judicial salary see subsection 4(1).
 (3) If the Judge is entitled to a pension because of paragraph 6(2A)(b), the annual rate of pension is worked out by using the formula:

where:
A means 60% of the appropriate current judicial salary.
B means:
 (a) the sum of the total number of years (including a fraction of a year) of his or her service as a Judge and the total number of years (including a fraction of a year) that the Minister certifies to be the period, or aggregate of the periods, (if any) of leave in respect of that service due to the Judge immediately before his or her retirement; or
 (b) 10;
whichever is the less.
Note: For appropriate current judicial salary see subsection 4(1).
 (4) Subject to sections 16, 17AD and 17AH, if the Judge is entitled to a pension because of subsection 6(2D), the annual rate of that pension is:
 (a) 0.5% of the appropriate current judicial salary for each completed month of his or her service as a Judge; or
 (b) 60% of the appropriate current judicial salary;
whichever is the lesser rate.
Note: For appropriate current judicial salary see subsection 4(1).