Judges’ Pensions Amendment Regulations 2003 (No. 1)¹

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Judges’ Pensions Act 1968.

Dated 18 December 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

PHILIP RUDDOCK

1              Name of Regulations

                These Regulations are the Judges’ Pensions Amendment Regulations 2003 (No. 1).

2              Commencement

                These Regulations commence on gazettal.

3              Amendment of Judges’ Pensions Regulations 1998

                Schedule 1 amends the Judges’ Pensions Regulations 1998.

Schedule 1        Amendments

(regulation 3)

[1]           After Part 2

insert

Part 3                 Superannuation Payment split (Part VIIIB, Family Law Act 1975)

5              Accrued benefit multiples

         (1)   For Part VIIIB of the Family Law Act 1975, and regulations made under that Act, the following accrued benefit multiples are prescribed in relation to the entitlement of a Judge to a pension under the Judges’ Pensions Act 1968:

                (a)    at separation — the number equal to the time, in days, of qualifying service as a Judge served when separation occurs;

               (b)    at payment:

                          (i)    for a Judge to whom subsection 6 (2) of the Act does not apply— the number equal to the time, in days, of service as a Judge served at the time when the Judge becomes, in regard to his or her service, entitled to a pension under the Act; and

                         (ii)    for a Judge to whom subsection 6 (2) of the Act applies — the number equal to the minimum time, in days, of service that the Judge would have had to serve in order to become, in regard to his or her service, entitled to a pension under the Act if that subsection did not apply.

         (2)   In this regulation:

qualifying service as a Judge means service counting towards qualifying the Judge for entitlement to pension under the Act.

Note   For application of the multiplier, see, in particular, regulations 19 and 26 of the Family Law (Superannuation) Regulations 2001.

1.       These Regulations amend Statutory Rules 1998 No. 25.

2.       Notified in the Commonwealth of Australia Gazette on 23 December 2003.