Judges' Salaries and Pensions Act Amendment Act 1961 (WA)

No. 45.] Judges' Salaries and Pensions. [1961.

JUDGES' SALARIES AND

PENSIONS.

10° Elizabeth II., No. XLV.

No. 45 of 1961.

AN ACT to amend the Judges' Salaries and Pensions

Act, 1950-1960.

[Assented to 23rd November, 19611

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Judges'

Salaries and Pensions Act Amendment Act, 1961.

(2)

In this Act the Judges' Salaries and Pensions Act, 1950-1960, is referred to as the principal Act.

(3) The principal Act as amended by this Act may be cited as the Judges' Salaries and Pensions Act, 1950-1961.

1961.] Judges' Salaries and Pensions. [No. 45.

2. Section six of the principal Act is repealed and gad waled

enacted with

re-enacted with amendments as follows:— amendments.

6. (1) Where a Judge who has attained the en 10/1 Fa % laces.

age of sixty years retires after serving as a Judge for not less than ten years, he is entitled to a pension at a rate equal to fifty per centum of his salary.

(2) Where a Judge, not being a Judge to whom subsection (1) of this section, applies, retires and the Minister certifies that his retire- ment is due to permanent disability or infirmity, he is entitled

(a)	if his retirement occurs before he has completed two years' service as a Judge, to a pension at a rate equal to fourteen per centum of his salary; or
(b)	in any other case, to a pension at a rate equal to fourteen per centum of his salary and at an additional rate equal to four per centum of his salary for each completed year of service other than the first year, but so that the rate of his pension shall not exceed fifty per centum of his salary.

(3) If a person entitled to receive or in receipt of a pension under this Act

(a)	holds any judicial or other office under the Crown, whether in Western Australia or elsewhere, for which he is remunerated out of the moneys of the Crown; or
(b)	is in receipt of a pension received by him by reason of having held such office;

then the pension otherwise receivable under this Act by the said person shall be reduced by the amount of the salary remuneration or pension received by the said person as men- tioned in paragraphs (a) or (b) of this subsection.

No. 45.] Judges' Salaries and Pensions. [1961.

S.7 repealed

and re- 3. Section seven of the principal Act is repealed

amendments. and re-enacted with amendments as follows:—	enacted with
Pension to
widow on 7. (1) Subject to subsection (2) of this
death of
Judge before section, where a Judge dies before retirement,
retirement.

a pension shall be paid to his widow at a rate equal to seven per centum of his salary and at an additional rate equal to two per centum of his salary for each completed year of his service other than the first year, but so that the rate of pension of the widow shall not exceed twenty- five per centum of that salary.

(2) If a widow in receipt of a pension under this section remarries, her pension shall there- upon cease and determine.