Document ID: chunk:federal_register_of_legislation:C2024C00500:section:6:p1
Version: federal_register_of_legislation:C2024C00500
Segment Type: section
Provision Reference: s 6 (pt 1/2)
Character Range: 29933–32455

6  Pensions of Judges
 (1) Where:
 (a) a Judge, other than a Papua New Guinea Judge, who has attained the age of 60 years; or
 (b) a Papua New Guinea Judge who has attained the age of 55 years;
retires after serving as a Judge for not less than 10 years, he or she is entitled to a pension in accordance with subsection 6A(2) or 6B(2).
 (2) Where a Judge, not being a Judge to whom subsection (1) applies, retires, and the Minister certifies that the retirement is due to permanent disability or infirmity, he or she is entitled to a pension in accordance with subsection 6A(2) or 6B(2).
Note: A pension to which a Judge is entitled in accordance with subsection 6A(2) or 6B(2) may be reduced under section 17AN (which deals with sustaining the superannuation contribution concession).
 (2AA) A Judge (not being a Judge to whom subsection (1) applies) who has retired may apply to the Minister for a certificate under subsection (2) that his or her retirement was due to permanent disability or infirmity and, upon receipt of that application, the Minister shall:
 (a) if he or she is satisfied that the retirement of the Judge was due to permanent disability or infirmity—so certify under subsection (2); or
 (b) if he or she is not so satisfied—refuse so to certify.
 (2A) Where a Papua New Guinea Judge, other than a Judge to whom subsection (1) or (2) applies, retires and is not re‑appointed as a Judge of the Supreme Court of Papua New Guinea, he or she is entitled:
 (a) if the Minister certifies that he or she is satisfied that his or her services as such a Judge were no longer required—to a pension in accordance with subsection 6A(2) or 6B(2); and
 (b) in any other case—to a pension in accordance with subsection 6A(3) or 6B(2).
 (2B) Notwithstanding paragraph (b) of subsection (2A), where the Governor‑General determines that, by reason of special circumstances, a retired Judge who would, but for this subsection, be entitled under subsection (2A) to a pension in accordance with subsection 6A(3) or 6B(2) should receive a pension in accordance with subsection 6A(2) or 6B(2), the retired Judge is entitled to receive a pension accordingly.
 (2D) Where:
 (a) a Judge, whether by reason of the terms of his or her appointment or otherwise, is to cease to hold office as a Judge upon his or her attaining a particular age;
 (b) he or she ceases to be a Judge upon his or her attaining that age;
 (c) at the time of his or her so ceasing, he or she had served as a Judge for not less than 6 years; and
 (d) he