Federal Register of Legislation - Australian Government

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Judges' Pensions Act 1958

Authoritative Version
  • - C1958A00009
  • No longer in force
Act No. 9 of 1958 as made
An Act to amend the Judges' Pensions Act 1948-1956.
Date of Assent 12 May 1958
Date of repeal 10 Dec 1968
Repealed by Repealed by Judges’ Pensions Act 1968

JUDGES’ PENSIONS.

 

No. 9 of 1958.

An Act to amend the Judges Pensions Act 1948–1956.

[Assented to 12th May, 1958.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Short title and citation.

1.—(1.)  This Act may be cited as the JudgesPensions Act 1958.

(2.)  The Judges Pensions Act 1948–1956, as amended by this Act, may be cited as the Judges Pensions Act 1948–1958.

Commencement.

2.  This Act shall come into operation on the day on which it receives the Royal Assent.

3.  Sections six and seven of the Judges Pensions Act 1948-1956 are repealed and the following sections inserted in their stead:—

Pensions of Judges.

“6.—(1.)   There a Judge who has attained the age of sixty years retires after serving as a Judge for not less than ten years, he is entitled to a pension at a rate equal to fifty per centum of his salary.


 

“(2.)  Where a Judge, not being a Judge to whom the last preceding sub-section applies, retires and the Attorney-General certifies that his retirement is due to permanent disability or infirmity, he is entitled—

(a) if his retirement occurs before he has completed two years’ service as a Judge—to a pension at a rate equal to fourteen per centum of his salary; or

(b) in any other case—to a pension at a rate equal to fourteen per centum of his salary and at an additional rate equal to four per centum of his salary for each completed year of service other than the first year, but so that the rate of his pension shall not exceed fifty per centum of his salary.

Pension to widow on death of Judge before retirement.

“7.—(1.)   Subject to the next succeeding sub-section, where a Judge dies before retirement, a pension shall be paid to his widow at a rate equal to seven per centum of his salary and at an additional rate equal to two per centum of his salary for each completed year of his service other than the first year, but so that the rate of her pension shall not exceed twenty-five per centum of that salary.

“(2.)  If a widow in receipt of a pension under this section remarries, her pension shall thereupon cease and determine.”.

Existing pensions.

4.  The amendment made by the last preceding section does not apply to, or in relation to, a pension to which a person became entitled before the commencement of this Act.