Document ID: chunk:federal_register_of_legislation:C2024C00533:section:16:p1
Version: federal_register_of_legislation:C2024C00533
Segment Type: section
Provision Reference: s 16 (pt 1/3)
Character Range: 9333–11884

16  Pension of Solicitor‑General
 (1AA) This section does not apply in relation to a person appointed as Solicitor‑General after 31 December 1997.
 (1) Subject to this section, the provisions of the Judges' Pensions Act 1968 other than subsection 4(2) (including the provisions relating to spouses and children) apply to and in relation to a person who is or has been a Solicitor‑General as though the Solicitor‑General were or had been a Judge and as though his or her service (whether in continuous periods or not) as Solicitor‑General were service as a Judge.
 (2) If a person becomes a Judge and, at any time before his or her appointment as a Judge, he or she held office as Solicitor‑General, the period of his or her service as Solicitor‑General shall, for the purposes of sections 6 and 7 of the Judges' Pensions Act 1968, be added to, and be deemed to be part of, his or her period of service as a Judge and:
 (a) if, at the time of so becoming a Judge, he or she is in receipt of a pension by virtue of subsection (1)—that pension ceases to be payable; or
 (b) if, at that time, he or she is not so in receipt of a pension—no pension becomes payable by virtue of that subsection by reason of his or her having held office as Solicitor‑General.
 (3) If a person is appointed as Solicitor‑General and, at the time of his or her appointment, he or she is in receipt of a pension under the Judges' Pensions Act 1968 by virtue of subsection (1), that pension ceases to be payable.
 (4) Where:
 (a) a person has at any time, whether before or after the commencement of this subsection, served in the office of Solicitor‑General for a period of at least 7 years, whether continuous or not; and
 (b) the person ceases to hold that office after that commencement, otherwise than under paragraph 10(b); and
 (c)  the person is not entitled to payment of a pension under subsection (1);
subsections (5) to (9), inclusive, apply in relation to the person.
 (4A) If a person is appointed as Solicitor‑General and, at the time of the appointment, is receiving a pension because of the application of subsection (8), that pension ceases to be payable.
 (5) For the purpose of the application of subsections (6), (7) and (8) in relation to the person, a reference to the relevant discounted rate of pension is a reference to whichever is the lesser of:
 (a) 0.5% of the appropriate current salary for each completed month of the person's actual service as Solicitor‑General; or
 (b) 60% of the appropriate current salary;
reduced by 2.5% for each whole year