South Australia
Judges' Pensions Act 1971
An Act to make provision for pensions for Judges and their surviving spouses or domestic partners, and for purposes incidental thereto.
Contents
Part 1—Preliminary
1Short title
4Interpretation
Part 2—Pensions
5Certain pensions not payable
6Pension on retirement or resignation
6APreservation of pensions on resignation before 60
7Pension on resignation on ground of invalidity etc
8Death of Judge or former Judge
9Division of benefit where deceased Judge or former Judge is survived by spouse and domestic partner
9ASpouse entitlement subject to any Family Law determination
10Orphans
10ADetermination of child benefit
10BChild benefit general
10CChild benefit where no spouse or domestic partner pension payable
10DTo whom child benefit payable
10ECessation of child benefits
10FAssumed day of becoming eligible child
11Minimum pensions
13Pension not payable on removal of Judge
14Payment of pensions
14AAdjustment of pensions
15Refund of certain contributions
17ACommutation of pension to pay deferred superannuation contributions surcharge
Part 2A—Family Law Act provisions
17BPurpose of this Part
17CInterpretation
17EValue of interest
17FNon-member spouse's entitlement
17GEntitlement where pension is in growth phase
17HEntitlement where pension is in payment phase
17IPayment of non-member spouse's entitlement
17JReduction in Judge's entitlement
17KPension not payable to spouse or domestic partner on death of Judge if split has occurred
17LTreasurer to comply with Commonwealth requirements
17MPayment of benefit
17NFees
17ORegulations
Legislative history
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Judges' Pensions Act 1971.
4—Interpretation
(1)In this Act, unless the contrary intention appears—
age of retirement in relation to a Judge, means the age prescribed as the age of retirement in relation to the Judge by the Act or enactment under which he is or was appointed;
the Consumer Price Index means the Consumer Price Index (All groups index for Adelaide);
domestic partner—
(a)in relation to a deceased Judge, means—
(i)a person declared under the Family Relationships Act 1975 to have been the domestic partner of the Judge as at the date of the Judge's death; or
(ii)a person who was in a registered relationship with the Judge as at the date of the Judge's death;
(b)in relation to a deceased former Judge, means—
(i)a person declared under the Family Relationships Act 1975 to have been the domestic partner of the former Judge as at the date of the former Judge's death; or
(ii)a person who was in a registered relationship with the former Judge as at the date of the former Judge's death;
eligible child means the child or adopted child—
(a)of a deceased Judge or deceased former Judge; or
(b)of the spouse or domestic partner of a deceased Judge or deceased former Judge, not being a child—
(i)born of a pregnancy that commenced after the death of the Judge or former Judge; or
(ii)adopted after the death of the Judge or former Judge,
who—
(c)has not attained the age of sixteen years; or
(d)having attained that age, has not attained the age of twenty-five years and is in full…