Judges' Pensions Regulation 2017 (NSW)

Judges’ Pensions Regulation 2017

[2017-422]

Status information

Currency of version
Current version for 18 August 2017 to date (accessed 2 January 2019 at 10:01)
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical Notes

Staged repeal status
This legislation is currently due to be automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2022

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 1 September 2017.

Judges’ Pensions Regulation 2017

[2017-422]

Contents

Judges’ Pensions Regulation 2017

1   Name of Regulation

This Regulation is the Judges’ Pensions Regulation 2017.

2   Commencement

This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note.

 This Regulation replaces the Judges’ Pensions Regulation 2012 which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

3   Definitions

(1)  In this Regulation:

reversionary pension has the same meaning as it has in section 12A of the Act.

the Act means the Judges’ Pensions Act 1953.

Note.

 The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)  Notes included in this Regulation do not form part of this Regulation.

4   Calculation of reduced pension of retired judge

(1)  For the purposes of section 12 (7) of the Act, the amount of the reduced pension payable to a retired judge under section 3 or 5 of the Act is to be calculated by using the reduced percentage of the notional judicial salary calculated in accordance with this clause.

(2)  The reduced percentage of the notional judicial salary is to be determined in accordance with the following formula:

where:

R is the reduced percentage of notional judicial salary.

I is the percentage of notional judicial salary that would be applicable to calculation of the pension if there were no reduction under section 12 of the Act.

S is the amount of the liability for superannuation contributions surcharge.

N is the notional judicial salary of the judge at retirement.

PCF is the relevant pension contribution factor determined by the Attorney General from time to time in accordance with actuarial advice.

f is the ratio of SP to I.

SP is the percentage of notional judicial salary that would be applicable to calculation of the pension of a surviving spouse of the judge if there were no reduction under section 12 or 12A of the Act.

RCF is the relevant reversionary pension contribution factor determined by the Attorney General from time to time in accordance with actuarial advice.

5   Calculation of reduced pension payable to surviving spouse

(1)  For the purposes of sections 12 (7) and 12A (2) of the Act, the amount of the reduced pension payable under section 6 of the Act to a surviving spouse of a judge or retired judge is to be calculated by using the reduced percentage of the notional judicial salary calculated in accordance with this clause.

(2)  The reduced percentage of the notional judicial salary is to be determined in accordance with the following formula:

where:

W is the reduced percentage of notional judicial salary.

f is the ratio of SP to I.

SP is the percentage of notional judicial salary that would be applicable to calculation of the pension of the surviving spouse if there were no reduction under section 12 or 12A of the Act.

I is the percentage of notional judicial salary that would be applicable to calculation of the pension of the judge if the judge died after retirement and there were no reduction under section 12 of the Act.

R is the reduced percentage of notional judicial salary that was (if the judge died after retirement), or would have been (if the judge had died after retirement), applicable to the judge concerned calculated in accordance with clause 4.

6   Calculation of reduced pension payable to children

For the purposes of section 12A (2) of the Act, in calculating a reversionary pension payable under section 7B or 7C of the Act:

(a)  the annual amount of pension referred to in section 7B (2) (b) of the Act is the reduced amount of pension that would have been payable to the judge in accordance with clause 4, and

(b)  the annual amount of pension referred to in section 7C (2) (b) of the Act is the reduced amount of pension that would have been payable to the surviving spouse in accordance with clause 5.

7   Savings

Any act, matter or thing that had effect under the Judges’ Pensions Regulation 2012 immediately before the repeal of that Regulation is taken to have effect under this Regulation.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Judges’ Pensions Regulation 2017 (422). LW 18.8.2017. Date of commencement, 1.9.2017, cl 2.