Document ID: chunk:federal_register_of_legislation:C2008C00651:section:4
Version: federal_register_of_legislation:C2008C00651
Segment Type: section
Provision Reference: s 4
Character Range: 1551–3710

4  Payment on retirement or death of Justice

 (1) On:
 (a) the retirement of a Justice after having completed at least 10 years' service as a Justice; or
 (b) the death of a Justice, whether or not he or she has completed 10 years' service as a Justice;
an amount calculated in accordance with subsection (2) is payable in accordance with this Act.

 (2) The amount payable under subsection (1) in respect of a Justice is an amount equal to the judicial salary of the Justice for:
 (a) a period of 52 weeks; or
 (b) a period of weeks calculated at the rate of 5.2 weeks for each completed year of the Justice's qualifying service;
whichever is the lesser period.

 (2A) Where:
 (a) a Justice (not being a Justice to whom subsection (1) applies) is to cease to hold office as a Justice upon attaining a particular age, and the Justice ceases to be a Justice upon attaining that age; and
 (b) at the time of the Justice's so ceasing, the period of his or her service as a Justice was not less than 6 years;
an amount calculated in accordance with subsection (2C) is payable in accordance with this Act.

 (2B) Where:
 (a) a Justice (not being a Justice to whom subsection (1) applies) retires; and
 (b) the Attorney‑General certifies under section 6 of the Judges' Pensions Act 1968 that the retirement is due to permanent disability or infirmity;
an amount calculated in accordance with subsection (2C) is payable in accordance with this Act.

 (2C) The amount payable under subsection (2A) or (2B) in respect of a Justice is an amount equal to the judicial salary of the Justice for a period of weeks calculated at the rate of 5.2 weeks for each completed year of the Justice's qualifying service.

 (3) In this section:

qualifying service, in relation to a Justice, means the period of his or her service as a Justice, other than any period of such service in respect of which the Justice has taken long leave or has been paid in lieu of such leave.

service as a Justice, in relation to a Justice, means the period that is to be regarded, in relation to the Justice, as service as a Judge for the purposes of section 6 of the Judges' Pensions Act 1968.