Document ID: chunk:federal_register_of_legislation:C2024C00723:section:123
Version: federal_register_of_legislation:C2024C00723
Segment Type: section
Provision Reference: s 123
Character Range: 154087–155859

123  Pensions for retired disabled Judges
 (1) A retired disabled Judge is entitled to a pension until the retired disabled Judge attains the age of 70 years or dies, whichever happens first.

Annual rate of pension
 (2) The annual rate of the pension is 60% of the annual rate of salary the Judge would have been entitled to from time to time if the Judge 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 Judge, 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 Judge was entitled to under a determination under subsection 119(1)); and
 (b) payable to the Judge by reason of prior judicial service, or prior judicial service and any other service.
 (4) For the purposes of subsection (2), the annual rate of salary is the annual rate of remuneration determined under section 116:
 (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 that salary payments are made to Judges.

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 Judge under a superannuation scheme; and
 (b) the Judge is not required to pay superannuation contributions to that scheme.