Judges' Pensions Regulations 1998

(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

Federal Register of Legislation - Australian Government

Primary content

Judges' Pensions Regulations 1998