JUDGES’ PENSIONS.
No. 9 of 1958.
An Act to amend the Judges’ Pensions Act 1948–1956.
[Assented to 12th May, 1958.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Judges’ Pensions Act 1958.
(2.) The Judges’ Pensions Act 1948–1956, as amended by this Act, may be cited as the Judges’ Pensions Act 1948–1958.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
3. Sections six and seven of the Judges’ Pensions Act 1948-1956 are repealed and the following sections inserted in their stead:—
Pensions of Judges.
“6.—(1.) There a Judge who has attained the 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 the last preceding sub-section applies, retires and the Attorney-General certifies that his retirement 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.
Pension to widow on death of Judge before retirement.
“7.—(1.) Subject to the next succeeding sub-section, where a Judge dies before 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 her pension 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 thereupon cease and determine.”.
Existing pensions.
4. The amendment made by the last preceding section does not apply to, or in relation to, a pension to which a person became entitled before the commencement of this Act.
Overview
The Judges’ Pensions Act 1958 was enacted to amend the existing provisions of the Judges’ Pensions Act 1948–1956. It was introduced by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, with the aim of adjusting the pension entitlements for judges. This Act came into operation on the day it received Royal Assent. The key change introduced by this Act is the alteration of pension rates for judges who retire under specific conditions, including retirement due to permanent disability or infirmity, and the adjustment of pension rates for widows of judges who die before retirement. Notably, the amendments do not affect pensions that were already in place before the Act's commencement.
Scope and Application
The Judges’ Pensions Act 1958 applies to judges who retire or pass away under specific conditions, and their widows in the event of the judge’s death before retirement. The Act sets out the conditions under which a judge is entitled to a pension based on their age and length of service, as well as the conditions for a widow's pension following the death of a judge before retirement. The Act also repeals and replaces specific sections of the preceding Judges’ Pensions Act 1948–1956, providing updated provisions for pensions. Importantly, the Act does not apply retroactively to pensions already granted prior to its commencement. The application of the Act is confined to the Commonwealth, governing the pensions of judges within the federal judicial system. No exclusions or exemptions are stated in the text, though the Act may be subject to further definition or regulation through subordinate instruments.
Key Provisions
The Judges' Pensions Act 1958 (C1958A00009) primarily modifies the pension entitlements of judges under the Judges' Pensions Act 1948–1956. The key provisions of this Act are contained in sections 6 and 7, which replace the corresponding sections of the earlier Act. Section 6(1) specifies that a judge who retires at age sixty after serving at least ten years is entitled to a pension at a rate of fifty percent of their salary. Section 6(2) outlines the pension entitlements for judges who retire due to permanent disability or infirmity, with the pension amount varying based on the length of their service. Specifically, if the retirement occurs before completing two years of service, the pension is fourteen percent of their salary; otherwise, it is fourteen percent plus four percent for each completed year beyond the first, up to a maximum of fifty percent of their salary.
The Act imposes specific obligations on the Attorney-General, who must certify the reasons for a judge's retirement due to permanent disability or infirmity. Additionally, the Act requires that pensions be paid to the widows of judges who die before retirement, at a rate of seven percent of the judge’s salary plus two percent for each completed year of service beyond the first, not exceeding twenty-five percent of the salary. Importantly, if the widow remarries, her pension ceases immediately. These provisions ensure that both judges and their widows receive appropriate financial support under defined circumstances.
Breaches of the requirements set out in the Judges' Pensions Act 1958 may lead to civil or administrative consequences. For instance, if the Attorney-General fails to properly certify the reasons for a judge’s retirement, it could result in an improper pension being awarded, which might necessitate legal action to rectify the error. Similarly, if pension payments are not made as stipulated, the affected party could pursue legal remedies to enforce their entitlements. While the Act does not explicitly state criminal penalties for breaches, failure to comply with the pension requirements could lead to investigations and possible administrative sanctions.