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Judges' Pensions Regulations 1998

Authoritative Version
  • - F2004C00714
  • In force - Superseded Version
  • View Series
SR 1998 No. 25 Regulations as amended, taking into account amendments up to SR 2003 No. 343
Administered by: Attorney-General's
Start Date 23 Dec 2003
End Date 30 Jun 2007

JUDGES' PENSIONS REGULATIONS 1998



Compilation Information

A graphic exists here.

Judges' Pensions Regulations 1998

Statutory Rules 1998 No. 25 as amended
made under the
Judges' Pensions Act 1968
This compilation was prepared on 23 December 2003
taking into account amendments up to SR 2003 No. 343
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

JUDGES' PENSIONS REGULATIONS 1998
Part 1 Preliminary

JUDGES' PENSIONS REGULATIONS 1998
- REG 1
Name of Regulations [see Note 1]
These Regulations are the Judges' Pensions Regulations 1998.

JUDGES' PENSIONS REGULATIONS 1998
- REG 2
Commencement [see Note 1]
These Regulations commence on gazettal.

JUDGES' PENSIONS REGULATIONS 1998
- REG 3
Definitions
In these Regulations:

Act means the Judges' Pensions Act 1968.

JUDGES' PENSIONS REGULATIONS 1998
Part 2 Notional surchargeable contributions factors

JUDGES' PENSIONS REGULATIONS 1998
- REG 4
Notional surchargeable contributions factors
(1)
For subsection 19 (2) of the Act, the notional surchargeable contributions factor that applies to a male Judge for a financial year is the percentage set out in Schedule 1 that is worked out according to:

(a)
the Judge's period of service as a Judge, in whole years, at the end of the financial year; and

(b)
the Judge's age, on the Judge's latest birthday, at the end of the financial year.

(2)
For subsection 19 (2) of the Act, the notional surchargeable contributions factor that applies to a female Judge for a financial year is the percentage set out in Schedule 2 that is worked out according to:

(a)
the Judge's period of service as a Judge, in whole years, at the end of the financial year; and

(b)
the Judge's age, on the Judge's latest birthday, at the end of the financial year.

Note   These Regulations are subject to the application provision in item 21 of Schedule 5 to the Superannuation Legislation Amendment (Superannuation Contributions Tax) Act 1997.]


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JUDGES' PENSIONS REGULATIONS 1998
Part 3 Superannuation Payment split (Part VIIIB, Family Law Act 1975)

JUDGES' PENSIONS REGULATIONS 1998
- REG 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.

JUDGES' PENSIONS REGULATIONS 1998
Schedule 1 Male Judge

(subregulation 4 (1))

Part 1 0 to 9 Years of Service


Age of
Years of service
judge
0
1
2
3
4
5
6
7
8
9











30
14.4%









31
15.4%
14.9%








32
16.5%
15.9%
15.4%







33
17.6%
17.0%
16.4%
15.9%






34
18.9%
18.2%
17.5%
16.9%
16.3%





35
20.2%
19.4%
18.7%
18.1%
17.4%
16.8%




36
21.7%
20.8%
20.0%
19.3%
18.6%
18.0%
17.4%



37
23.3%
22.4%
21.5%
20.7%
19.9%
19.2%
18.5%
17.9%


38
25.1%
24.1%
23.1%
22.1%
21.3%
20.5%
19.8%
19.1%
18.4%

39
27.1%
25.9%
24.8%
23.7%
22.8%
21.9%
21.1%
20.4%
19.7%
19.0%
40
29.3%
27.9%
26.7%
25.5%
24.5%
23.5%
22.6%
21.7%
21.0%
20.2%
41
31.8%
30.3%
28.8%
27.5%
26.3%
25.2%
24.2%
23.3%
22.4%
21.6%
42
34.7%
32.8%
31.2%
29.7%
28.3%
27.1%
26.0%
24.9%
24.0%
23.1%
43
37.8%
35.7%
33.8%
32.1%
30.6%
29.2%
27.9%
26.8%
25.7%
24.7%
44
41.4%
38.9%
36.8%
34.9%
33.1%
31.5%
30.1%
28.8%
27.6%
26.5%
45
45.5%
42.7%
40.2%
37.9%
35.9%
34.1%
32.5%
31.0%
29.7%
28.4%
46
50.3%
46.9%
44.0%
41.4%
39.1%
37.0%
35.2%
33.5%
32.0%
30.6%
47
55.8%
51.8%
48.4%
45.3%
42.7%
40.3%
38.2%
36.3%
34.6%
33.0%
48
62.3%
57.5%
53.4%
49.9%
46.7%
44.0%
41.6%
39.4%
37.4%
35.6%
49
70.0%
64.2%
59.2%
55.0%
51.3%
48.1%
45.3%
42.8%
40.5%
38.5%
50
79.3%
72.1%
66.1%
61.0%
56.6%
52.9%
49.6%
46.6%
44.1%
41.7%
51
77.9%
81.6%
74.2%
68.0%
62.8%
58.3%
54.4%
51.0%
48.0%
45.3%
52
76.4%
80.1%
83.9%
76.3%
70.0%
64.6%
60.0%
56.0%
52.5%
49.4%
53
75.0%
78.6%
82.3%
86.3%
78.5%
71.9%
66.4%
61.7%
57.6%
53.9%
54
73.6%
77.1%
80.8%
84.7%
88.8%
80.7%
74.0%
68.3%
63.4%
59.2%
55
72.3%
75.7%
79.2%
83.0%
87.0%
91.3%
83.0%
76.0%
70.2%
65.2%
56
71.1%
74.3%
77.7%
81.4%
85.3%
89.4%
93.8%
85.2%
78.1%
72.1%
57
69.8%
72.9%
76.2%
79.8%
83.6%
87.6%
91.8%
96.3%
87.6%
80.3%
58
68.6%
71.5%
74.7%
78.2%
81.8%
85.7%
89.8%
94.2%
98.9%
89.9%
59
67.3%
70.1%
73.2%
76.5%
80.0%
83.8%
87.8%
92.1%
96.6%
101.4%
60
65.8%
68.5%
71.5%
74.7%
78.1%
81.8%
85.7%
89.9%
94.3%
99.1%
61
66.8%
67.8%
69.7%
72.8%
76.1%
79.7%
83.5%
87.6%
92.0%
96.7%
62
67.8%
68.8%
69.8%
70.8%
74.0%
77.5%
81.3%
85.3%
89.6%
94.2%
63
68.7%
69.8%
70.8%
71.8%
71.9%
75.3%
79.0%
83.0%
87.2%
91.7%
64
69.8%
70.8%
71.9%
73.0%
74.0%
73.1%
76.7%
80.6%
84.7%
89.2%
65

71.9%
73.0%
74.0%
75.1%
76.2%
74.3%
78.1%
82.2%
86.6%
66


74.1%
75.2%
76.3%
77.4%
78.5%
75.7%
79.7%
84.1%
67



77.3%
78.4%
79.6%
80.7%
81.8%
77.9%
82.3%
68




79.9%
81.1%
82.2%
83.3%
84.5%
79.6%
69





82.7%
83.9%
85.0%
86.2%
87.4%


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Part 2 10 to 19 Years of Service


Age of
Years of service
judge
10
11
12
13
14
15
16
17
18
19











40
19.6%









41
20.9%
20.2%








42
22.3%
21.5%
20.8%







43
23.8%
22.9%
22.2%
21.4%






44
25.5%
24.5%
23.7%
22.8%
22.1%





45
27.3%
26.3%
25.3%
24.4%
23.5%
22.8%




46
29.3%
28.2%
27.1%
26.1%
25.1%
24.3%
23.5%



47
31.6%
30.2%
29.0%
27.9%
26.9%
25.9%
25.0%
24.2%


48
34.0%
32.5%
31.2%
29.9%
28.8%
27.7%
26.7%
25.8%
24.9%

49
36.7%
35.0%
33.5%
32.1%
30.8%
29.6%
28.5%
27.5%
26.6%
25.7%
50
39.6%
37.8%
36.0%
34.5%
33.0%
31.7%
30.5%
29.4%
28.3%
27.3%
51
42.9%
40.8%
38.9%
37.1%
35.5%
34.0%
32.6%
31.4%
30.2%
29.1%
52
46.6%
44.2%
42.0%
40.0%
38.2%
36.5%
35.0%
33.6%
32.3%
31.1%
53
50.8%
48.0%
45.4%
43.2%
41.1%
39.2%
37.5%
36.0%
34.5%
33.2%
54
55.5%
52.2%
49.3%
46.7%
44.4%
42.3%
40.3%
38.6%
37.0%
35.5%
55
60.8%
57.0%
53.7%
50.7%
48.0%
45.6%
43.4%
41.5%
39.7%
38.0%
56
67.0%
62.5%
58.6%
55.2%
52.1%
49.4%
46.9%
44.7%
42.6%
40.8%
57
74.1%
68.8%
64.2%
60.2%
56.7%
53.5%
50.7%
48.2%
45.9%
43.8%
58
82.4%
76.0%
70.6%
65.9%
61.8%
58.2%
54.9%
52.0%
49.4%
47.1%
59
92.2%
84.5%
78.0%
72.4%
67.6%
63.4%
59.7%
56.3%
53.4%
50.7%

Part

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3 20 to 29 Years of Service


Age of
Years of service
judge
20
21
22
23
24
25
26
27
28
29











50
26.4%









51
28.1%
27.2%








52
30.0%
28.9%
28.0%







53
32.0%
30.8%
29.8%
28.8%






54
34.1%
32.9%
31.7%
30.6%
29.6%





55
36.5%
35.1%
33.8%
32.6%
31.5%
30.4%




56
39.1%
37.5%
36.1%
34.7%
33.5%
32.3%
31.3%



57
41.9%
40.1%
38.5%
37.0%
35.7%
34.4%
33.2%
32.1%


58
44.9%
43.0%
41.2%
39.5%
38.0%
36.6%
35.3%
34.1%
32.9%

59
48.3%
46.1%
44.1%
42.3%
40.6%
39.0%
37.6%
36.2%
35.0%
33.8%


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JUDGES' PENSIONS REGULATIONS 1998
Schedule 2 Female Judge

Subregulation 4 (2)

Part 1 0 to 9 Years of Service


Age of
Years of service
judge
0
1
2
3
4
5
6
7
8
9











30
14.0%









31
15.0%
14.5%








32
16.0%
15.5%
15.0%







33
17.2%
16.6%
16.0%
15.5%






34
18.4%
17.7%
17.1%
16.5%
15.9%





35
19.8%
19.0%
18.3%
17.6%
17.0%
16.5%




36
21.2%
20.4%
19.6%
18.9%
18.2%
17.6%
17.0%



37
22.8%
21.9%
21.0%
20.2%
19.4%
18.8%
18.1%
17.5%


38
24.6%
23.6%
22.6%
21.7%
20.8%
20.1%
19.3%
18.7%
18.1%

39
26.6%
25.4%
24.3%
23.3%
22.3%
21.5%
20.7%
19.9%
19.3%
18.6%
40
28.8%
27.4%
26.2%
25.0%
24.0%
23.0%
22.2%
21.3%
20.6%
19.9%
41
31.2%
29.7%
28.3%
27.0%
25.8%
24.7%
23.7%
22.8%
22.0%
21.2%
42
34.0%
32.2%
30.6%
29.1%
27.8%
26.6%
25.5%
24.5%
23.5%
22.7%
43
37.1%
35.1%
33.2%
31.6%
30.0%
28.7%
27.4%
26.3%
25.2%
24.3%
44
40.6%
38.2%
36.1%
34.2%
32.5%
31.0%
29.6%
28.3%
27.1%
26.0%
45
44.7%
41.9%
39.4%
37.2%
35.3%
33.5%
31.9%
30.5%
29.1%
27.9%
46
49.3%
46.1%
43.2%
40.6%
38.4%
36.4%
34.5%
32.9%
31.4%
30.0%
47
54.8%
50.8%
47.5%
44.5%
41.9%
39.6%
37.5%
35.6%
33.9%
32.4%
48
61.1%
56.4%
52.4%
48.9%
45.8%
43.2%
40.8%
38.6%
36.7%
34.9%
49
68.7%
63.0%
58.1%
54.0%
50.4%
47.2%
44.5%
42.0%
39.8%
37.8%
50
77.9%
70.8%
64.9%
59.9%
55.6%
51.9%
48.7%
45.8%
43.3%
41.0%
51
76.2%
80.2%
72.9%
66.8%
61.7%
57.3%
53.4%
50.1%
47.2%
44.5%
52
74.6%
78.5%
82.5%
75.0%
68.8%
63.5%
58.9%
55.0%
51.6%
48.5%
53
72.9%
76.7%
80.7%
84.9%
77.2%
70.8%
65.3%
60.7%
56.6%
53.1%
54
71.2%
75.0%
78.9%
83.1%
87.4%
79.5%
72.9%
67.3%
62.4%
58.3%
55
69.5%
73.2%
77.1%
81.2%
85.5%
90.0%
81.8%
75.0%
69.2%
64.3%
56
67.8%
71.4%
75.2%
79.3%
83.5%
87.9%
92.6%
84.2%
77.1%
71.2%
57
66.1%
69.9%
73.3%
77.3%
81.5%
85.8%
90.4%
95.3%
86.6%
79.4%
58
64.4%
67.8%
71.5%
75.3%
79.4%
83.7%
88.3%
93.0%
98.0%
89.1%
59
62.6%
66.0%
69.5%
73.3%
77.3%
81.6%
86.0%
90.7%
95.7%
100.8%
60
60.8%
64.1%
67.6%
71.3%
75.2%
79.4%
83.8%
88.4%
93.3%
98.4%
61
62.2%
62.8%
65.6%
69.2%
73.0%
77.1%
81.4%
86.0%
90.8%
95.9%
62
63.5%
64.2%
64.8%
67.1%
70.8%
74.8%
79.1%
83.6%
88.3%
93.4%
63
64.9%
65.6%
66.2%
66.9%
68.6%
72.5%
76.6%
81.1%
85.8%
90.7%
64
66.2%
67.0%
67.7%
68.4%
69.1%
70.1%
74.2%
78.6%
83.2%
88.1%
65

68.2%
68.9%
69.6%
70.3%
71.1%
71.6%
75.9%
80.5%
85.4%
66


70.4%
71.1%
71.7%
72.4%
73.1%
73.3%
77.8%
82.7%
67



72.6%
73.3%
74.0%
74.7%
75.3%
75.1%
79.9%
68




75.0%
75.7%
76.4%
77.0%
77.7%
77.1%
69





77.6%
78.2%
78.9%
79.6%
80.2%


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Part 2 10 to 19 Years of Service


Age of
Years of service
judge
10
11
12
13
14
15
16
17
18
19
40
19.2%









41
20.5%
19.8%








42
21.9%
21.1%
20.4%







43
23.4%
22.5%
21.8%
21.0%






44
25.0%
24.1%
23.2%
22.4%
21.7%





45
26.8%
25.8%
24.8%
23.9%
23.1%
22.3%




46
28.8%
27.6%
26.6%
25.6%
24.7%
23.8%
23.0%



47
30.9%
29.7%
28.5%
27.4%
26.4%
25.4%
24.6%
23.7%


48
33.3%
31.9%
30.6%
29.3%
28.2%
27.2%
26.2%
25.3%
24.4%

49
36.0%
34.4%
32.9%
31.5%
30.2%
29.1%
28.0%
27.0%
26.1%
25.2%
50
38.9%
37.1%
35.4%
33.8%
32.4%
31.1%
29.9%
28.8%
27.8%
26.8%
51
42.2%
40.1%
38.2%
36.4%
34.8%
33.4%
32.1%
30.8%
29.7%
28.6%
52
45.8%
43.4%
41.3%
39.3%
37.5%
35.9%
34.4%
33.0%
31.7%
30.6%
53
50.0%
47.2%
44.7%
42.5%
40.4%
38.6%
36.9%
35.4%
34.0%
32.7%
54
54.6%
51.4%
48.6%
46.0%
43.7%
41.6%
39.7%
38.0%
36.4%
35.0%
55
60.0%
56.2%
52.9%
50.0%
47.3%
45.0%
42.8%
40.9%
39.1%
37.5%
56
66.1%
61.7%
57.9%
54.5%
51.4%
48.7%
46.3%
44.1%
42.1%
40.2%
57
73.3%
68.0%
63.5%
59.5%
56.0%
52.9%
50.1%
47.6%
45.4%
43.3%
58
81.7%
75.4%
70.0%
65.3%
61.3%
57.7%
54.4%
51.6%
49.0%
46.7%
59
91.7%
84.0%
77.6%
72.0%
67.2%
63.0%
59.3%
56.0%
53.1%
50.4%

Part

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3 20 to 29 Years of Service


Age of
Years of service
judge
20
21
22
23
24
25
26
27
28
29
50
25.9%









51
27.6%
26.7%








52
29.5%
28.5%
27.5%







53
31.5%
30.3%
29.3%
28.3%






54
33.6%
32.4%
31.2%
30.1%
29.1%





55
36.0%
34.6%
33.3%
32.1%
31.0%
30.0%




56
38.6%
37.0%
35.6%
34.3%
33.1%
31.9%
30.9%



57
41.4%
39.7%
38.1%
36.6%
35.3%
34.0%
32.8%
31.8%


58
44.6%
42.6%
40.8%
39.2%
37.7%
36.3%
35.0%
33.8%
32.7%

59
48.0%
45.8%
43.8%
42.0%
40.3%
38.8%
37.3%
36.0%
34.8%
33.6%

JUDGES' PENSIONS REGULATIONS 1998
Notes to the Judges' Pensions Regulations 1998

Note 1

The Judges' Pensions Regulations 1998 (in force under the Judges' Pensions Act 1968) as shown in this compilation comprise Statutory Rules 1998 No. 25 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1998 No. 25
11 Mar 1998
11 Mar 1998

2003 No. 343
23 Dec 2003
23 Dec 2003
—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
Part 3

Part 3
ad. 2003 No. 343
R. 5
ad. 2003 No. 343