Document ID: chunk:federal_register_of_legislation:F2025L00281:clause:1_9:p5
Version: federal_register_of_legislation:F2025L00281
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 5/6)
Character Range: 2338556–2341016

of qualifying service in subclause (1), the date when a person first commenced service in the person's eligible office is taken to be the date when the person first commenced service in a prior office if:
 (a) for a person whose eligible office is Judge of the Supreme Court or Associate Judge of the Supreme Court — the person's service in the prior office counts as service in the eligible office under subsection 83 (6) of the Constitution Act or subsection 104A (12) of the Supreme Court Act; or
 (b) for a person whose eligible office is judge of the County Court or associate judge of the County Court — the person's service in the prior office counts as service in the eligible office under subsection 14 (5) or 17B (12) of the County Court Act.
 (3) For the definition of qualifying service in subclause (1):
fraction of a year means the quotient of:
 (a) the number of days that were not included in the person's age at the date the person first commenced service in the person's eligible office; and
 (b) whichever of (i) or (ii) is applicable:
 (i) if the date '29 February' occurred in the period of 12 months commencing on the person's most recent birthday before the person first commenced service in the person's eligible office — 366; or
 (ii) in any other case — 365.
 (4) For the definition of fraction of a year in subclause (3), if a person's birthday is '29 February', the person's most recent birthday is taken to be '1 March' in a year that is not a leap year.

9 Age at which person entitled to pension
 (1) For the definition of qualifying service in clause 8, the age at which a person is entitled, on retirement, to be paid a pension in respect of an eligible office is:
 (a) for a person whose eligible office is Governor — the age of the person 5 years after first assuming office as Governor; or
 (b) for a person to whom subclause (2) applies — 60; or
 (c) in any other case — 65.
 (2) This subclause applies to the following persons:
 (a) a person whose eligible office is Judge of the Supreme Court and to whom subparagraph 83 (1) (a) (ii) or (iii) of the Constitution Act applies;
 (b) a person whose eligible office is Chief Judge or judge of the County Court, and to whom subparagraph 14 (2) (a) (ii) or (iii) of the County Court Act applies;
 (c) a person whose eligible office is Associate Judge of the Supreme Court and to whom subparagraph 104A (1) (a) (ii) of the Supreme Court Act applies;
 (d) a person whose eligible