Document ID: chunk:federal_register_of_legislation:C2011C00791:section:7:p2
Version: federal_register_of_legislation:C2011C00791
Segment Type: section
Provision Reference: s 7 (pt 2/2)
Character Range: 5531–6530

holds a full‑time office under the Commonwealth:
 (a) the making of the payment shall be deferred until he has ceased to hold such an office;
 (b) his qualifying service for the purpose of calculating the amount payable shall not include any period of service in respect of which he took long leave after becoming entitled to the payment;
 (c) the amount payable shall be calculated as if the annual rate of salary that was payable to him immediately before his retirement or death was the annual rate of salary that was payable to a Judge of the Supreme Court of New South Wales at the time when the Honourable Donald Gerard Stewart ceased to hold a full‑time office under the Commonwealth; and
 (d) if he ceased to hold a full‑time office under the Commonwealth as mentioned in paragraph (a) by reason of his death, subsections 5(2), (3) and (4) of the Judges (Long Leave Payments) Act 1979 apply in respect of him as if he had been a Judge within the meaning of that Act at the time of his death.