Judges' Pensions Regulations 2003 (SA)

South Australia

Judges' Pensions Regulations 2003

under the Judges' Pensions Act 1971

1Short title

These regulations may be cited as the Judges' Pensions Regulations 2003.

2Commencement

These regulations will come into operation on 18 December 2003.

3Interpretation

In these regulations—

Act means the Judges' Pensions Act 1971.

4Right of non-member spouse or legal representative to apply for commutation

1. (1)

   For the purposes of section 17H(2)(b) of the Act, a non-member spouse who is entitled to have the whole of his or her share in an entitlement commuted to a lump sum must make his or her election in accordance with that section within 3 months of the operative time.

2. (2)

   For the purposes of section 17H(5) of the Act, if a non-member spouse dies while entitled to, or in receipt of, a pension under that section (other than an associate pension), an election by the non-member spouse's legal representative for the pension to be commuted to a lump sum must be made within 6 months of the non-member spouse's death.

5Commutation factors for non-member spouse and legal representative

The following table sets out commutation factors for—

1. (a)

   a non-member spouse who elects under section 17H(2)(b) to have his or her share of an entitlement commuted to a lump sum; and

2. (b)

   the legal representative of a deceased non-member spouse who elects under section 17H(5) to have a pension that the non-member spouse was receiving, or was entitled to receive, commuted to a lump sum:

 

Age of member spouse at time of commutation	Amount of lump sum for each dollar of annual pension commuted
60 or under	$10.00
60-61	$10.00-$ 9.90
61-62	$ 9.90-$ 9.80
62-63	$ 9.80-$ 9.70
63-64	$ 9.70-$ 9.60
64-65	$ 9.60-$ 9.50
65-66	$ 9.50-$ 9.30
66-67	$ 9.30-$ 9.10
67-68	$ 9.10-$ 8.80
68-69	$ 8.80-$ 8.50
69-70	$ 8.50-$ 8.20
70-71	$ 8.20-$ 7.90
71-72	$ 7.90-$ 7.60
72-73	$ 7.60-$ 7.30
73-74	$ 7.30-$ 7.00
74-75	$ 7.00-$ 6.70
75-76	$ 6.70-$ 6.42
76-77	$ 6.42-$ 6.14
77-78	$ 6.14-$ 5.86
78-79	$ 5.86-$ 5.58
70-80	$ 5.58-$ 5.30
80-81	$ 5.30-$ 5.02
81-82	$ 5.02-$ 4.74
82-83	$ 4.74-$ 4.46
83-84	$ 4.46-$ 4.18
84-85	$ 4.18-$ 3.90
85-86	$ 3.90-$ 3.68
86-87	$ 3.68-$ 3.46
87-88	$ 3.46-$ 3.24
88-89	$ 3.24-$ 3.02
89-90	$ 3.02-$ 2.80
90-91	$ 2.80-$ 2.66
91-92	$ 2.66-$ 2.52
92-93	$ 2.52-$ 2.38
93-94	$ 2.38-$ 2.24
94-95	$ 2.24-$ 2.10
95-96	$ 2.10-$ 1.68
96-97	$ 1.68-$ 1.26
97-98	$ 1.26-$ 0.84
98-99	$ 0.84-$ 0.42
99-100	$ 0.42-$ 0.00

6Associate pension

1. (1)

   For the purposes of section 17H(2)(a)(ii) of the Act, notice of an election by a non-member spouse to have the whole of his or her share of an entitlement converted to, and taken as, an associate pension must be given in writing within 3 months of the date on which notification of the non-member spouse's right to make the election is given by the Treasurer.

2. (2)

   For the purposes of section 17H(3) of the Act, the amount of an associate pension will be determined by applying the following method:

Where:

AP is the amount of the associate pension payable for the life of the non-member spouse

P is the amount of the non-member spouse's share of the pension determined under section 17H(1) of the Act

Mx+m is the conversion factor relating to the member spouse at age x completed years and m completed months and is derived by interpolating between age x and x+1, the factors from the table in Schedule 1 for the relevant type of pension interest and gender of the member spouse

Ny+n is the conversion factor relating to the non-member spouse at age y completed years and n completed months and is derived by interpolating between age y and y+1, the factors from the table in Schedule 1 for the relevant type of pension interest and gender of the non-member spouse.

7Procedure for payment of lump sum to non-member spouse

1. (1)

   For the purposes of section 17I(3) of the Act, notice given by the Treasurer to a non-member spouse of the non-member spouse's right to make an election in respect of his or her interest must—

   1. (a)

      be in writing; and

   2. (b)

      advise the non-member spouse of—

      1. (i)

         his or her option to make an election and the consequences of a failure to do so within 28 days; and

      2. (ii)

         the value of the interest; and

      3. (iii)

         the basis of any adjustments that have been, or will be, applied to the interest; and

   3. (c)

      notify the non-member spouse that the interest cannot be retained in the scheme.

2. (2)

   If a non-member spouse interest is rolled over to the credit of the non-member spouse in the Southern State Superannuation Fund because an election has not been made, the Treasurer must, within 14 days of the interest being rolled over—

   1. (a)

      advise the non-member spouse that his or her interest has been rolled over to the Southern State Superannuation Fund; and

   2. (b)

      provide the non-member spouse with a membership identification number, a copy of the most recent annual report prepared in respect of the Southern State Superannuation Fund and any other information that, according to a determination of the Treasurer, may be of assistance to the non-member spouse.

8Procedure for payment of pension to non-member spouse

For the purposes of section 17I(4) of the Act, if the interest of a non-member spouse following service of a splitting instrument is a pension, and the non-member spouse has not directed that the pension be commuted to a lump sum, the following provisions apply:

1. (a)

   the Treasurer must—

   1. (i)

      split the relevant pension within 14 days of receipt of the splitting instrument; and

   2. (ii)

      advise the non-member spouse of the value of the interest and the basis of any adjustments that have been, or will be, applied to the interest;

2. (b)

   the non-member spouse must, before the Treasurer can commence payment of the pension—

   1. (i)

      advise the Treasurer of his or her name, address, date of birth and bank account details; and

   2. (ii)

      provide any other relevant information at the request of the Treasurer (including documents verifying the non-member spouse's personal details).

Schedule 1—Factors for determination of associate pension

Schedule 2—Transitional provision

1—Transitional provision

If the Treasurer has, before the commencement of these regulations, been served with a splitting instrument in respect of a pension that is in the payment phase, the relevant non‑member spouse may make an election under section 17H(2)(b) of the Act within 3 months after the day on which these regulations come into operation.

Legislative history

Notes

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

  The Judges' Pensions Regulations 2003 were revoked by Sch 2 of the Judges' Pensions Regulations 2018 on 2.8.2018.

  Principal regulations

  Year	No	Reference	Commencement
  2003	262	Gazette 18.12.2003 p4613	18.12.2003: r 2