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Judges' Pensions Regulations 1998

Authoritative Version
  • - F2007C00718
  • In force - Superseded Version
  • View Series
SR 1998 No. 25 Regulations as amended, taking into account amendments up to SLI 2007 No. 295
Principal Regulations
Administered by: Finance
Registered 27 Sep 2007
Start Date 01 Jul 2007
End Date 04 Sep 2015

Judges’ Pensions Regulations 1998

Statutory Rules 1998 No. 25 as amended

made under the

This compilation was prepared on 27 September  2007
taking into account amendments up to SLI 2007 No. 295

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

Part 1                    Preliminary                                                                 

                        1     Name of Regulations [see Note 1]                                     3

                        2     Commencement [see Note 1]                                           3

                        3     Definitions                                                                       3

Part 1A                 Age factor                                                                   

                      3A     Age factor                                                                       4

Part 2                    Notional surchargeable contributions factors 

                        4     Notional surchargeable contributions factors                       5

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

                        5     Accrued benefit multiples                                                 6

Schedule 1A           Age factor                                                                      7

Schedule 1             Male Judge                                                                   9

Part 1                      0 to 9 Years of Service                                                     9

Part 2                      10 to 19 Years of Service                                                10

Part 3                      20 to 29 Years of Service                                                11

Schedule 2             Female Judge                                                             12

Part 1                      0 to 9 Years of Service                                                   12

Part 2                      10 to 19 Years of Service                                                13

Part 3                      20 to 29 Years of Service                                                14

Notes                                                                                                          15

 

 


Part 1                 Preliminary

  

1              Name of Regulations [see Note 1]

                These Regulations are the Judges’ Pensions Regulations 1998.

2              Commencement [see Note 1]

                These Regulations commence on gazettal.

3              Definitions

                In these Regulations:

Act means the Judges’ Pensions Act 1968.


 

Part 1A               Age factor

3A           Age factor

         (1)   For subsection 6C (4) of the Act, the age factor is worked out using the following formula:

                where:

ay is the factor mentioned in Schedule 1A that applies to the Judge’s gender and age on retirement.

ay+1 is the factor mentioned in Schedule 1A that applies to the Judge’s gender and age, as if the Judge were 1 year older on retirement.

d is the number of days starting at the start of the day after the Judge’s last birthday and ending at the end of the day he or she retires.

Note   d is equal to zero if the Judge retires on his or her birthday.

         (2)   In this regulation:

age is taken to be the Judge’s age at his or her last birthday before or on retirement.

Part 2                 Notional surchargeable contributions factors

  

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.]


 

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.

 


Schedule 1A      Age factor

(regulation 3A)

  

 

Age

Male

Female

40

29.073

29.172

41

28.757

28.856

42

28.434

28.531

43

28.102

28.198

44

27.761

27.856

45

27.412

27.506

46

27.054

27.148

47

26.686

26.780

48

26.310

26.404

49

25.924

26.019

50

25.529

25.625

51

25.124

25.220

52

24.710

24.807

53

24.285

24.384

54

23.850

23.952

55

23.405

23.510

56

22.949

23.059

57

22.483

22.598

58

22.006

22.128

59

21.519

21.647

60

21.022

21.156

61

20.515

20.655

62

19.998

20.144

63

19.472

19.622

64

18.937

19.090

65

18.393

18.548

66

17.840

17.997

67

17.279

17.438

68

16.710

16.872

69

16.134

16.297

70

15.550

15.716

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%

 

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 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%

 

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%

 

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 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%

 


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.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.  From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series).  Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and
number

Date of notification
in Gazette or
FRLI registration

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

2007 No. 295

27 Sept 2007 (see F2007L03758)

1 July 2007

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 1A

 

Part 1A...................................

ad. 2007 No. 295

R. 3A.......................................

ad. 2007 No. 295

Part 3

 

Part 3......................................

ad. 2003 No. 343

R. 5.........................................

ad. 2003 No. 343

Schedule 1A

 

Schedule 1A.........................

ad. 2007 No. 295