Document ID: chunk:federal_register_of_legislation:C2004A05281:clause:5_6b
Version: federal_register_of_legislation:C2004A05281
Segment Type: clause
Provision Reference: sch 5 cl 6B
Character Range: 49035–51083

6B  Rate of pension—Judge's surcharge debt account in debit
 (1) This section applies to a Judge if the Judge's surcharge debt account is in debit when a pension becomes payable to him or her.
Note: For surcharge debt account see subsection 4(1).
 (2) The annual rate of the pension to which the Judge is entitled is:
 (a) if the period of his or her service as a Judge does not include a period of exempt service—the rate worked out by using the formula:
 (b) if the period of his or her service as a Judge includes a period of exempt service that is less than his or her qualifying period for a pension—the rate worked out by using the formula:
 (c) if the period of his or her service as a Judge includes a period of exempt service that is equal to or longer than his or her qualifying period for a pension—a rate equal to BP;
where:
BP (basic pension) is the annual rate of the pension that would be payable to the Judge if his or her surcharge debt account were not in debit when the pension becomes payable.
E means the number of years in the Judge's period of exempt service.
Pt means the amount worked out in accordance with the formula:
P1 is the proportion that the rate of the superannuation contributions surcharge that applies to the Judge for the first financial year included in the relevant period in relation to him or her bears to the maximum rate of superannuation contributions surcharge applicable for that financial year, and P2, P3 etc. have each a corresponding meaning.
Q means the number of years in the Judge's qualifying period for a pension.
relevant period, in relation to a Judge, means:
 (a) if paragraph (b) does not apply—the Judge's period of service as a Judge; or
 (b) if the Judge's period of service as a Judge began before 21 August 1996—that part of the period of service that began on that date.
Y is the number of financial years included in the relevant period in relation to the Judge.
Note: For qualifying period for a pension see subsection 4(3) and for period of exempt service see subsection 4(1).