Judges' Pensions Act 1971 (SA)

South Australia Judges' Pensions Act 1971 An Act to make provision for pensions for Judges and their surviving spouses or domestic partners, and for purposes incidental thereto.

Contents Part 1—Preliminary 1 Short title 4 Interpretation Part 2—Pensions 5 Certain pensions not payable 6 Pension on retirement or resignation 6A Preservation of pensions on resignation before 60 7 Pension on resignation on ground of invalidity etc 8 Death of Judge or former Judge 9 Division of benefit where deceased Judge or former Judge is survived by spouse and domestic partner 9A Spouse entitlement subject to any Family Law determination 10 Orphans 10A Determination of child benefit 10B Child benefit general 10C Child benefit where no spouse or domestic partner pension payable 10D To whom child benefit payable 10E Cessation of child benefits 10F Assumed day of becoming eligible child 11 Minimum pensions 13 Pension not payable on removal of Judge 14 Payment of pensions 14A Adjustment of pensions 15 Refund of certain contributions 17A Commutation of pension to pay deferred superannuation contributions surcharge Part 2A—Family Law Act provisions 17B Purpose of this Part 17C Interpretation 17E Value of interest 17F Non-member spouse's entitlement 17G Entitlement where pension is in growth phase 17H Entitlement where pension is in payment phase 17I Payment of non-member spouse's entitlement 17J Reduction in Judge's entitlement 17K Pension not payable to spouse or domestic partner on death of Judge if split has occurred 17L Treasurer to comply with Commonwealth requirements 17M Payment of benefit 17N Fees 17O Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Judges' Pensions Act 1971. 4—Interpretation (1) In this Act, unless the contrary intention appears— age of retirement in relation to a Judge, means the age prescribed as the age of retirement in relation to the Judge by the Act or enactment under which he is or was appointed; the Consumer Price Index means the Consumer Price Index (All groups index for Adelaide); domestic partner— (a) in relation to a deceased Judge, means— (i) a person declared under the Family Relationships Act 1975 to have been the domestic partner of the Judge as at the date of the Judge's death; or (ii) a person who was in a registered relationship with the Judge as at the date of the Judge's death; (b) in relation to a deceased former Judge, means— (i) a person declared under the Family Relationships Act 1975 to have been the domestic partner of the former Judge as at the date of the former Judge's death; or (ii) a person who was in a registered relationship with the former Judge as at the date of the former Judge's death; eligible child means the child or adopted child— (a) of a deceased Judge or deceased former Judge; or (b) of the spouse or domestic partner of a deceased Judge or deceased former Judge, not being a child— (i) born of a pregnancy that commenced after the death of the Judge or former Judge; or (ii) adopted after the death of the Judge or former Judge, who— (c) has not attained the age of sixteen years; or (d) having attained that age, has not attained the age of twenty-five years and is in full time attendance at an educational institution recognised by the Minister for the purposes of this definition; former Judge means a person who has been a Judge and— (a) who is or was entitled to a preserved pension under section 6A; or (b) who is or has been in receipt of a pension under this Act not being a pension referred to in section 12; Judge means— (a) the Chief Justice, the President and any puisne judge of the Supreme Court but does not include any person appointed pursuant to the Supreme Court Act 1935, as amended, to act in the stead of a puisne judge; or (ab) a Master of the Supreme Court (not being a person who, immediately before the commencement of the Statutes Amendment (Administration of Courts and Tribunals) Act 1981, held office as the master, or a deputy master of that Court); or (b) a Judge of the District Court of South Australia but does not include an acting Judge appointed under section 12(3) of the District Court Act 1991; or (d) a chairman or deputy chairman of the Licensing Court of South Australia first appointed as such after the commencement of this Act; or (e) a person declared by proclamation to be included in the definition of a Judge for the purposes of this Act; judicial service in relation to a Judge or former Judge, means service, in any of the capacities referred to in paragraphs (a) to (d) inclusive of the definition of Judge in this section, whether occurring before or after the commencement of this Act and any service while acting in any of those capacities, whether such service occurred before or after the commencement of this Act and includes any other service declared by proclamation to be judicial service for the purposes of this Act; notional pension— (a) in relation to a deceased Judge, means the pension that would have been payable to that Judge if— (i) he had retired on the day he died; and (ii) the period elapsing between the day on which he died and the day on which, had he attained the age of retirement, he would have retired was included in his judicial service; and (iii) his salary immediately before he died was his salary immediately before he retired; and (iv) he had been in receipt of a pension on the day in relation to which the expression is used; and (b) in relation to a deceased former Judge means— (i) in the case of a former Judge whose pension was preserved under section 6A and who was not in receipt of the pension immediately before his or her death—a pension that is equivalent to 60 per cent of the salary payable to the former Judge immediately before he or she resigned adjusted to reflect changes in the Consumer Price Index between the date of resignation and the day on which the spouse or domestic partner pension or child benefit in relation to which the term is used first becomes payable and that in relation to a child benefit is subject to adjustment under section 14A as though the former Judge had survived and been in receipt of the pension; (ii) in any other case—the pension that would have been payable to the deceased former Judge if he or she had been in receipt of a pension on the day on which the spouse or domestic partner pension or child benefit in relation to which the term is used first becomes payable; registered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act; retires in relation to a Judge, means ceases to be a Judge by reason of having attained the age of retirement; resigns in relation to a Judge, means ceases to be a Judge otherwise than by retirement or death; salary in relation to a Judge who has retired, resigned or died, means the salary payable to that Judge immediately before he so retired, resigned or died; spouse— (a) in relation to a deceased Judge—means a person who was, as at the date of the Judge's death, legally married to the Judge; (b) in relation to a deceased former Judge—means a person who was, as at the date of the former Judge's death, legally married to the former Judge. (2) Where a Judge was on leave without pay immediately before he or she retired, resigned or died, the salary payable to the Judge immediately before he or she retired, resigned or died will be taken for the purposes of this Act to be the salary that would have been payable to the Judge if he or she had not been on leave without pay at that time.