Document ID: chunk:federal_register_of_legislation:C2007A00163:clause:1_9b
Version: federal_register_of_legislation:C2007A00163
Segment Type: clause
Provision Reference: sch 1 cl 9B
Character Range: 4648–6500

9B  Pensions for retired disabled Federal Magistrates

 (1) A retired disabled Federal Magistrate is entitled to a pension until:
 (a) he or she attains the age of 70 years; or
 (b) he or she dies;
whichever happens first.

Annual rate of pension

 (2) The annual rate of the pension is 60% of the annual rate of salary the Magistrate would have been entitled to from time to time if he or she had not retired.

 (3) However, the rate of the pension must be reduced by the amount of any pension or retiring allowance:
 (a) payable to the Magistrate, whether under a law or otherwise, out of money provided in whole or in part by the Commonwealth, a State or a Territory (other than a Commonwealth superannuation contribution the Magistrate was entitled to under a determination under subclause 8(1)); and
 (b) payable to the Magistrate by reason of prior judicial service, or prior judicial service and any other service.

 (4) For the purposes of subclause (2), the annual rate of salary is the annual rate of remuneration determined under clause 5:
 (a) excluding any allowances that are paid in lieu of any other entitlement; and
 (b) if any arrangements have been entered into for any amount of the annual rate of remuneration (other than an allowance covered by paragraph (a)) to be provided in the form of another benefit—including that amount.

When pension is due and payable

 (5) The pension is due daily, but is payable on the days on which salary payments are made to Federal Magistrates.

Safety, Rehabilitation and Compensation Act 1988

 (6) For the purposes of Division 3 of Part II of the Safety, Rehabilitation and Compensation Act 1988:
 (a) the pension is taken to be a pension payable to the Magistrate under a superannuation scheme; and
 (b) the Magistrate is not required to pay superannuation contributions to that scheme.