{"id":"tas:act-1968-073","name":"Judges' Contributory Pensions Act 1968","slug":"judges-contributory-pensions-act-1968","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"73 of 1968","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110327,"registerId":"tas-act-1968-073-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Judges' Contributory Pensions Act 1968](/view/html/inforce/2026-04-12/act-1968-073) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Appointed day","content":"### 2 Appointed day\n\n> The Governor may by order declare a day to be the appointed day for the purposes of this Act, and the day so declared is in this Act referred to as the appointed day.","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Interpretation","content":"### 2A Interpretation\n\n> [*\\[Section 2A Inserted by No. 18 of 1999, s. 11, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#GS11@EN) In this Act –[*\\[Section 2A Amended by No. 91 of 1999, s. 22, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS22@Hpa@EN) [*\\[Section 2A Amended by No. 54 of 2016, s. 57, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS57@Hpa@EN) [*\\[Section 2A Amended by No. 91 of 1999, s. 22, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS22@Hpa@EN) [*\\[Section 2A Amended by No. 54 of 2016, s. 57, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS57@Hpa@EN)\n> \n> > [*\\[Section 2A Amended by No. 54 of 2016, s. 57, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS57@Hpa@EN) ***Actuary*** has the same meaning as in the [Public Sector Superannuation Reform Act 2016](/view/html/inforce/2026-04-12/act-2016-011) ;\n> \n> > ***appropriate judicial salary*** means –\n> > \n> > > > (a) in the case of a pension payable in respect of contributions paid by a person who, immediately before he or she became entitled to a pension under this Act or at his or her death, was the Chief Justice, the salary for the time being required by law to be paid to the Chief Justice; and\n> > > \n> > > > (b) [*\\[Section 2A Amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008\\]*](/view/html/inforce/2008-03-01/act-2007-055#JS1@Ja8@GC1@EN) in the case of a pension payable in respect of contributions paid by a person who, immediately before he or she became entitled to a pension under this Act or at his or her death, was the Associate Judge, the salary for the time being required by law to be paid to the Associate Judge; and\n> > > \n> > > > (c) in any other case, the salary for the time being required by law to be paid to a puisne judge;\n> \n> > [*\\[Section 2A Amended by No. 91 of 1999, s. 22, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS22@Hpb@EN) ***complying superannuation scheme*** has the same meaning as in the [Superannuation Industry (Supervision) Act 1993](/view/html/inforce/2026-04-12/act-1993-999) of the Commonwealth, as amended;\n> \n> [*\\[Section 2A Amended by No. 91 of 1999, s. 22, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS22@Hpb@EN) [*\\[Section 2A Amended by No. 54 of 2016, s. 57, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS57@Hpb@EN)\n> \n> > [*\\[Section 2A Amended by No. 91 of 1999, s. 22, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS22@Hpb@EN) ***residual pension*** means a pension payable under this Act after any commutation in accordance with [section 11](#GS11@EN) or [12](#GS12@EN) ;\n> \n> > [*\\[Section 2A Amended by No. 91 of 1999, s. 22, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS22@Hpb@EN) ***Secretary*** means the Secretary of the Department;\n> \n> > [*\\[Section 2A Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja36@GC2@Hpa@EN) ***spouse*** includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) ;\n> \n> > ***surcharge liability*** means liability for tax or interest imposed under the law of the Commonwealth arising from an entitlement to a pension under this Act;\n> \n> [*\\[Section 2A Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja36@GC2@Hpb@EN)","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Application of Act","content":"### 3 Application of Act\n\n> > (1)  [*\\[Section 3 Subsection (1) amended by No. 18 of 1999, Sched. 1, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#JS1@JT@tr@oc1@EN) [*\\[Section 3 Subsection (1) substituted by No. 91 of 1999, s. 23, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS23@Hpa@EN) This Act applies only to the following judges:\n> > \n> > > > (a) a judge who is appointed after the appointed day and before 1 July 1999;\n> > > \n> > > > (b) any other judge who, by notice in writing served on the Minister before the appointed day, has elected that this Act is to apply to him.\n> \n> > (2)  *\\[Section 3 Subsection (2) substituted by No. 19 of 1995, s. 4 \\]*This Act also applies to –\n> > \n> > > > (a) [*\\[Section 3 Subsection (2) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008\\]*](/view/html/inforce/2008-03-01/act-2007-055#JS1@Ja8@GC2@Hpa@EN) the person who, on the day on which the [Judges' Contributory Pensions Amendment Act 1995](/view/html/inforce/2026-04-12/act-9999-999) commences, holds the office of Associate Judge by appointment under [section 4(1) of the](/view/html/inforce/2026-04-12/act-1959-041#GS4@Gs\\(1\\)@EN) [Supreme Court Act 1959](/view/html/inforce/2026-04-12/act-1959-041) ; and\n> > > \n> > > > (b) [*\\[Section 3 Subsection (2) amended by No. 91 of 1999, s. 23, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS23@Hpb@EN) [*\\[Section 3 Subsection (2) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008\\]*](/view/html/inforce/2008-03-01/act-2007-055#JS1@Ja8@GC2@Hpb@EN) a person who is appointed to the office of Associate Judge under [section 4(1) of the](/view/html/inforce/2026-04-12/act-1959-041#GS4@Gs1@EN) [Supreme Court Act 1959](/view/html/inforce/2026-04-12/act-1959-041) after the day on which the [Judges' Contributory Pensions Amendment Act 1995](/view/html/inforce/2026-04-12/act-9999-999) commences and before 1 July 1999.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Contributions","content":"### 4 Contributions\n\n> > (1)  *\\[Section 4 Subsection (1) amended by No. 19 of 1995, s. 5 \\]*For the purposes of this Act, a person to whom this Act applies shall pay contributions of amounts equal to 5 per cent of his salary.\n> \n> > (2)  [*\\[Section 4 Subsection (2) amended by No. 18 of 1999, Sched. 1, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#JS1@JT@tr@oc2@EN) Contributions required to be paid under this section shall be paid to the Minister in such manner and at such times as he may approve.","sortOrder":4},{"sectionNumber":"4A.","sectionType":"section","heading":null,"content":"### 4A.\n\n[*\\[Section 4A Amended by No. 60 of 2009, s. 9, Applied:01 Oct 2010\\]*](/view/html/inforce/2010-10-01/act-2009-060#GS9@EN) [*\\[Section 4A Inserted by No. 91 of 1999, s. 24, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS24@EN) [*\\[Section 4A Repealed by No. 54 of 2016, s. 58, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS58@EN)","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Entitlement to pension","content":"### 5 Entitlement to pension\n\n> > (1)  *\\[Section 5 Subsection (1) amended by No. 19 of 1995, s. 6 \\]*A person to whom this Act applies becomes entitled to a pension under this Act in respect of the contributions required to be made by him thereunder –\n> > \n> > > > (a) [*\\[Section 5 Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008\\]*](/view/html/inforce/2008-03-01/act-2007-055#JS1@Ja8@GC3@Hpa@EN) on retirement pursuant to [section 6A of the](/view/html/inforce/2026-04-12/act-1887-036#GS6A@EN) [Supreme Court Act 1887](/view/html/inforce/2026-04-12/act-1887-036) in the case of a judge or on retirement pursuant to [section 5(2) of the](/view/html/inforce/2026-04-12/act-1959-041#GS5@Gs2@EN) [Supreme Court Act 1959](/view/html/inforce/2026-04-12/act-1959-041) in the case of the Associate Judge;\n> > > \n> > > > (b) [*\\[Section 5 Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008\\]*](/view/html/inforce/2008-03-01/act-2007-055#JS1@Ja8@GC3@Hpb@EN) on retirement after having served as a judge or Associate Judge for not less than 15 years; or\n> > > \n> > > > (c) on retirement that the Minister certifies to be by reason of disability or infirmity.\n> \n> > (2)  The pension to which a person becomes entitled under this section is a pension at the rate of one-half of the appropriate judicial salary.\n> \n> > (3)  [*\\[Section 5 Subsection (3) amended by No. 91 of 1999, s. 25, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS25@EN) [*\\[Section 5 Subsection (3) inserted by No. 18 of 1999, s. 12, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#GS12@EN) A pension payable under this Act is to be reduced to take into account any commutation of the pension.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Pensions to spouses","content":"### 6 Pensions to spouses\n\n> *\\[Section 6 Substituted by No. 19 of 1995, s. 7 \\]*\n> \n> > (1)  [*\\[Section 6 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja36@GC3@Hpa@EN) If a person to whom this Act applies dies in office, that person's spouse becomes entitled to a pension in respect of the contributions required to be made by that person under this Act.\n> \n> > (2)  [*\\[Section 6 Subsection (2) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja36@GC3@Hpb@EN) [*\\[Section 6 Subsection (2) amended by No. 18 of 1999, s. 13, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#GS13@Hpa@EN) If a person who has become entitled to a pension under [section 5](#GS5@EN) dies, that person's spouse becomes entitled to a pension in respect of the contributions required to be made by that person under this Act.\n> \n> > (2A)  [*\\[Section 6 Subsection (2A) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja36@GC3@Hpc@EN) [*\\[Section 6 Subsection (2A) inserted by No. 18 of 1999, s. 13, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#GS13@Hpb@EN) [Subsection (2)](#GS6@Gs2@EN) does not apply to a person's spouse if –\n> > \n> > > > (a) [*\\[Section 6 Subsection (2A) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja36@GC3@Hpd@EN) he or she married or entered into a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , with the deceased person after the date on which the deceased person became entitled to a pension under [section 5](#GS5@EN) ; or\n> > > \n> > > > (b) [*\\[Section 6 Subsection (2A) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja36@GC3@Hpe@EN) .  .  .  .  .  .  .  .  \n> \n> > (3)  [*\\[Section 6 Subsection (3) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja36@GC3@Hpf@EN) [*\\[Section 6 Subsection (3) amended by No. 18 of 1999, s. 13, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#GS13@Hpc@EN) Subject to [sections 11](#GS11@EN) and [12](#GS12@EN) , the pension to which a spouse becomes entitled under this section is a pension at the rate of one-third of the appropriate judicial salary.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Calculation of rates of pensions","content":"### 7 Calculation of rates of pensions\n\n> > (1)  [*\\[Section 7 Subsection (1) amended by No. 18 of 1999, Sched. 1, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#JS1@JT@tr@oc3@EN) Where under any provision of this Act a person becomes entitled to a pension at the rate of a specified proportion of the appropriate judicial salary the Minister shall pay to that person a pension at a rate that is equivalent to that proportion of what is for the time being the rate of that salary.\n> \n> > (2)  [*\\[Section 7 Subsection (2) amended by No. 18 of 1999, Sched. 1, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#JS1@JT@tr@oc4@EN) A pension referred to in [subsection (1)](#GS7@Gs1@EN) accrues from day to day and is payable monthly or in such other manner as the Minister, with the consent of the person to whom it is payable, may determine.\n> \n> > (3)  *\\[Section 7 Subsection (3) amended by No. 19 of 1995, s. 8 \\]*[*\\[Section 7 Subsection (3) omitted by No. 18 of 1999, s. 14, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#GS14@EN) .  .  .  .  .  .  .  .","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Termination benefit","content":"### 8 Termination benefit\n\n> [*\\[Section 8 Subsection (1) amended by No. 18 of 1999, Sched. 1, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#JS1@JT@tr@oc5@EN) *\\[Section 8 Subsection (1) amended by No. 19 of 1995, s. 9 \\]*[*\\[Section 8 Subsection (2) amended by No. 18 of 1999, Sched. 1, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#JS1@JT@tr@oc6@EN) *\\[Section 8 Subsection (2) amended by No. 19 of 1995, s. 9 \\]*[*\\[Section 8 Substituted by No. 91 of 1999, s. 26, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS26@EN)\n> \n> > (1)  Where a person to whom this Act applies retires or resigns from office and is not entitled, on so retiring or resigning, to a pension under this Act, the Minister must pay to that person a termination benefit equivalent to –\n> > \n> > > > (a) that person’s contributions under this Act; and\n> > > \n> > > > (b) interest on those contributions made after 1 April 1987 at a rate determined by the Minister; and\n> > > \n> > > > (c) an amount representing the prescribed rate of contributions in respect of that person, together with interest on that amount, for each pay period commencing –\n> > > > \n> > > > > > (i) on or after 1 July 1992; or\n> > > > > \n> > > > > > (ii) on the day when he becomes a person to whom this Act applies –\n> > > > \n> > > > whichever is the later.\n> \n> > (2)  For the purposes of [subsection (1)](#GS8@Gs1@EN) , the prescribed amount of contributions is the product of the relevant prescribed rate of contributions set out in the following table and the salary of the person for the relevant period set out in that table:\n> > \n> > | Period | Prescribed rate of contributions as a percentage of salary for persons appointed |\n> > |  | before 1 July 1994 | on or after 1 July 1994 |\n> > | 1 July 1992 to 31 December 1992 | 1% | ….. |\n> > | 1 January 1993 to 30 June 1995 | 2% | 5% |\n> > | 1 July 1995 to 30 June 1998 | 3% | 6% |\n> > | 1 July 1998 to 30 June 2000 | 4% | 7% |\n> > | 1 July 2000 to 30 June 2002 | 5% | 8% |\n> > | 1 July 2002 onwards | 6% | 9% |\n> \n> > (3)  For the purposes of [subsection (1)(c)](#GS8@Gs1@Hpc@EN) , interest is to be added to the prescribed amount of contributions at a rate determined by the Minister.\n> \n> > (4)  Where a person to whom this Act applies dies while holding office and no other person becomes entitled on that person’s death to a pension under [section 6(1)](#GS6@Gs1@EN) , the Minister must pay to that person’s personal representative a termination benefit calculated under this section.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Supplementary financial provisions","content":"### 9 Supplementary financial provisions\n\n> > (1)  [*\\[Section 9 Subsection (1) amended by No. 18 of 1999, Sched. 1, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#JS1@JT@tr@oc7@EN) *\\[Section 9 Subsection (1) amended by No. 19 of 1995, s. 10 \\]*[*\\[Section 9 Subsection (1) substituted by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja54@GC1@Hpa@EN) The account, called the Judges' Pension Fund, established under this section before the commencement of [section 9 of the](/view/html/inforce/2026-04-12/act-2016-042#GS9@EN) [Financial Management Act 2016](/view/html/inforce/2026-04-12/act-2016-042) , is continued as an account, of the same name, in the Public Account.\n> \n> > (2)  [*\\[Section 9 Subsection (2) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja54@GC1@Hpb@EN) *\\[Section 9 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 \\]**\\[Section 9 Subsection (2) amended by No. 19 of 1995, s. 10 \\]*Contributions made by persons under this Act shall be credited to the Judges' Pension Fund, and during each financial year there shall be paid into the account in the Public Account the amount standing to the credit of that pension fund at the commencement of that financial year.\n> \n> > (3)  [*\\[Section 9 Subsection (3) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja54@GC1@Hpc@EN) [*\\[Section 9 Subsection (3) amended by No. 18 of 1999, Sched. 1, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#JS1@JT@tr@oc8@EN) *\\[Section 9 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 \\]*Pensions and other sums required to be paid by the Minister under this Act shall be paid out of the account in the Public Account, which, to the necessary extent, is appropriated accordingly.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Effect on pension rights of appointment of Associate Judge as judge","content":"### 10 Effect on pension rights of appointment of Associate Judge as judge\n\n> *\\[Section 10 Inserted by No. 19 of 1995, s. 11 \\]*[*\\[Section 10 Amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008\\]*](/view/html/inforce/2008-03-01/act-2007-055#JS1@Ja8@GC4@Hpa@EN) If a person who holds or has held office as Associate Judge pursuant to an appointment under [section 4(1) of the](/view/html/inforce/2026-04-12/act-1959-041#GS4@Gs1@EN) [Supreme Court Act 1959](/view/html/inforce/2026-04-12/act-1959-041) becomes a judge–\n> \n> > > (a) [*\\[Section 10 Amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008\\]*](/view/html/inforce/2008-03-01/act-2007-055#JS1@Ja8@GC4@Hpb@EN) the period during which that person held office as Associate Judge is, for the purposes of [section 5](#GS5@EN) , to be added to, and is to be taken to be part of, that person's period of service as a judge; and\n> > \n> > > (b) [*\\[Section 10 Amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008\\]*](/view/html/inforce/2008-03-01/act-2007-055#JS1@Ja8@GC4@Hpc@EN) any pension being paid to that person under this Act in relation to his or her service as Associate Judge ceases forthwith to be payable.","sortOrder":11},{"sectionNumber":"10A","sectionType":"section","heading":"Commutation of pension to lump sum","content":"### 10A Commutation of pension to lump sum\n\n> [*\\[Section 10A Inserted by No. 91 of 1999, s. 27, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS27@EN)\n> \n> > (1)  [*\\[Section 10A Subsection (1) amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000\\]*](/view/html/inforce/2000-12-13/act-2000-103#JS1@Ja12@GC1@EN) A person to whom this Act applies may elect, by notice in writing given to the Minister, to commute the whole or part of his or her residual pension to a lump sum payment in accordance with the following table:–\n> > \n> > > > (a) [*\\[Section 10A Subsection (1) amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000\\]*](/view/html/inforce/2000-12-13/act-2000-103#JS1@Ja12@GC1@EN) .  .  .  .  .  .  .  .  \n> > > \n> > > > (b) [*\\[Section 10A Subsection (1) amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000\\]*](/view/html/inforce/2000-12-13/act-2000-103#JS1@Ja12@GC1@EN) .  .  .  .  .  .  .  .  \n> > \n> > | Date of retirement | Maximum percentage of residual pension to be commuted |\n> > | between 1 July 1999 and 30 June 2000 | 20% |\n> > | between 1 July 2000 and 30 June 2001 | 40% |\n> > | between 1 July 2001 and 30 June 2002 | 60% |\n> > | between 1 July 2002 and 30 June 2003 | 80% |\n> > | from 1 July 2003 onwards | 100% |\n> \n> > (2)  [Subsection (1)](#GS10A@Gs1@EN) also applies to a person to whom this Act applies and who retired from office after 1 July 1999 and before the commencement of the [Superannuation (Parliament, Judiciary and Statutory Legal Officers) Reform Act 1999](/view/html/inforce/2026-04-12/act-1999-999) .\n> \n> > (3)  On receipt of a notice under [subsection (1)](#GS10A@Gs1@EN) , the Minister must commute the amount requested by the person to a lump sum payment and pay it to him or her after deducting any tax payable.\n> \n> > (4)  The lump sum conversion factors are to be determined by the Minister, on the advice of the Actuary, and are to be specified in a notice published in the *Gazette*.\n> \n> > (5)  A notice under [subsection (4)](#GS10A@Gs4@EN) is not a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .","sortOrder":12},{"sectionNumber":"10B","sectionType":"section","heading":"Commutation of pension by spouse on death of judge or Associate Judge in office","content":"### 10B Commutation of pension by spouse on death of judge or Associate Judge in office\n\n> [*\\[Section 10B Inserted by No. 91 of 1999, s. 27, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS27@EN)\n> \n> > (1)  [*\\[Section 10B Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja36@GC4@Hpa@EN) [*\\[Section 10B Subsection (1) amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000\\]*](/view/html/inforce/2000-12-13/act-2000-103#JS1@Ja12@GC2@EN) If a person to whom this Act applies dies in office, his spouse may elect by notice in writing to the Minister, to commute her residual pension payable under [section 6](#GS6@EN) to a lump sum payment in accordance with the following table:\n> > \n> > | Date of person's death | Maximum percentage of residual pension to be commuted |\n> > | between 1 July 1999 and 30 June 2000 | 20% |\n> > | between 1 July 2000 and 30 June 2001 | 40% |\n> > | between 1 July 2001 and 30 June 2002 | 60% |\n> > | between 1 July 2002 and 30 June 2003 | 80% |\n> > | from 1 July 2003onwards | 100% |\n> \n> > (2)  [*\\[Section 10B Subsection (2) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja36@GC4@Hpb@EN) On receipt of a notice under [subsection (1)](#GS10B@Gs1@EN) , the Minister must commute the amount requested by the spouse to a lump sum payment and pay it to her after deducting any tax payable.\n> \n> > (3)  The lump sum conversion factors are to be determined by the Minister, on the advice of the Actuary, and are to be specified in a notice published in the *Gazette*.\n> \n> > (4)  A notice under [subsection (3)](#GS10B@Gs3@EN) is not a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .","sortOrder":13},{"sectionNumber":"10C","sectionType":"section","heading":"Commutation of pension on death","content":"### 10C Commutation of pension on death\n\n> [*\\[Section 10C Inserted by No. 91 of 1999, s. 27, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS27@EN)\n> \n> > (1)  [*\\[Section 10C Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja36@GC5@Hpb@EN) [*\\[Section 10C Subsection (1) amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000\\]*](/view/html/inforce/2000-12-13/act-2000-103#JS1@Ja12@GC3@EN) If a person in receipt of a pension under [section 5](#GS5@EN) dies, his spouse may elect, by notice in writing to the Minister, to commute her residual pension payable under [section 6](#GS6@EN) to a lump sum payment in accordance with the following table:\n> > \n> > | Date of pensioner's death | Maximum percentage of residual pension to be commuted |\n> > | between 1 July 1999 and 30 June 2000 | 20% |\n> > | between 1 July 2000 and 30 June 2001 | 40% |\n> > | between 1 July 2001 and 30 June 2002 | 60% |\n> > | between 1 July 2002 and 30 June 2003 | 80% |\n> > | from 1 July 2003 onwards | 100% |\n> \n> > (2)  [*\\[Section 10C Subsection (2) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja36@GC6@EN) On receipt of a notice under [subsection (1)](#GS10C@Gs1@EN) , the Minister must commute the amount requested by the spouse to a lump sum payment and pay it to her after deducting any tax payable.\n> \n> > (3)  The lump sum conversion factors are to be determined by the Minister, on the advice of the Actuary, and are to be specified in a notice published in the *Gazette*.\n> \n> > (4)  A notice under [subsection (3)](#GS10C@Gs3@EN) is not a statutory rule for the purposes of the [Rules Publication Act 1953](/view/html/inforce/2026-04-12/act-1953-050) .\n> \n> > (5)  This section does not apply in a case where the death of a person in receipt of a pension under [section 5](#GS5@EN) occurs 10 years or more after the commencement of that pension.","sortOrder":14},{"sectionNumber":"10D","sectionType":"section","heading":"Effective date of election","content":"### 10D Effective date of election\n\n> [*\\[Section 10D Inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000\\]*](/view/html/inforce/2000-12-13/act-2000-103#JS1@Ja12@GC4@EN) An election under [section 10A](#GS10A@EN) , [10B](#GS10B@EN) or [10C](#GS10C@EN) must provide for the commutation to take effect within 6 months of the commencement of the pension.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Commutation of pension to lump sum to pay surcharge liability","content":"### 11 Commutation of pension to lump sum to pay surcharge liability\n\n> [*\\[Section 11 Inserted by No. 18 of 1999, s. 15, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#GS15@EN)\n> \n> > (1)  On retirement, a person to whom this Act applies, by notice in writing to the Minister, may elect to commute sufficient of his or her pension under this Act to a lump sum payment in order to discharge his or her surcharge liability.\n> \n> > (2)  On receipt of the notice, the Minister must commute sufficient of the person's pension to a lump sum payment and pay it to that person to enable that person to discharge his or her surcharge liability.\n> \n> > (3)  [*\\[Section 11 Subsection (3) amended by No. 54 of 2016, s. 59, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS59@EN) The Minister must determine the lump sum in accordance with the appropriate age, marital and gender factors specified for a pension in force under the [Public Sector Superannuation Reform Act 2016](/view/html/inforce/2026-04-12/act-2016-011) .","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Death of person with surcharge liability","content":"### 12 Death of person with surcharge liability\n\n> [*\\[Section 12 Inserted by No. 18 of 1999, s. 15, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#GS15@EN) [*\\[Section 12 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja36@GC7@EN) If a person to whom this Act applies dies with an outstanding surcharge liability, his spouse may elect to commute her or his pension to a lump sum payment in order to discharge any surcharge liability, in which case [section 11](#GS11@EN) applies to that election as if it were an election under that section.","sortOrder":17},{"sectionNumber":"12A.","sectionType":"section","heading":null,"content":"### 12A.\n\n[*\\[Section 12A Amended by No. 45 of 2003, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#AT@EN) [*\\[Section 12A Inserted by No. 91 of 1999, s. 28, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS28@EN) [*\\[Section 12A Repealed by No. 54 of 2016, s. 60, Applied:31 Mar 2017\\]*](/view/html/inforce/2017-03-31/act-2016-054#GS60@EN)","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Increases in annual pension","content":"### 13 Increases in annual pension\n\n> [*\\[Section 13 Amended by No. 91 of 1999, s. 29, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS29@EN) [*\\[Section 13 Inserted by No. 18 of 1999, s. 15, Applied:14 May 1999\\]*](/view/html/inforce/1999-05-14/act-1999-018#GS15@EN) If part of the pension payable under this Act is commuted, any future increase in the annual pension as a result of an increase in the appropriate judicial salary is to be calculated in accordance with the following formula:\n> \n> [![graphic image](/image/sup79.gif)](/image/sup79.gif)\n> \n> where –\n> \n> > ***P*** is the new pension payable to a person in receipt of a pension under this Act;\n> \n> > ***RP*** is the pension payable to a person in receipt of a pension under this Act immediately before the increase;\n> \n> > ***A*** is the current appropriate judicial salary;\n> \n> > ***B*** is the appropriate judicial salary immediately before the increase.","sortOrder":19},{"sectionNumber":"13A","sectionType":"section","heading":"Family Law (splitting of superannuation interests)","content":"### 13A Family Law (splitting of superannuation interests)\n\n> [*\\[Section 13A Inserted by No. 55 of 2003, s. 7, Applied:25 Sep 2003\\]*](/view/html/inforce/2003-09-25/act-2003-055#GS7@EN)\n> \n> > (1)  A pension payable under this Act –\n> > \n> > > > (a) is to be reduced to take into account any commutation of the pension under [section 10A](#GS10A@EN) or [10B](#GS10B@EN) ; and\n> > > \n> > > > (b) is subject to [Schedule 1](#JS1@EN) which carries into effect the provisions of the [Family Law Act 1975](/view/html/inforce/2026-04-12/act-1975-053) of the Commonwealth relating to the splitting of superannuation interests, as defined in Part VIIIB of that Act.\n> \n> > (2)  A lump sum payment under this Act is subject to [Schedule 1](#JS1@EN) .","sortOrder":20},{"sectionNumber":"13B","sectionType":"section","heading":"Requirement for minimum benefit","content":"### 13B Requirement for minimum benefit\n\n> [*\\[Section 13B Inserted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005\\]*](/view/html/inforce/2005-12-15/act-2005-065#JS1@Ja11@GC1@EN) A benefit payable under this Act must contain an employer component that is at least the minimum benefit that satisfies the requirements of the [Superannuation Guarantee (Administration) Act 1992](/view/html/inforce/2026-04-12/act-1992-111) of the Commonwealth.","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Right to elect to cease to be subject to this Act","content":"### 14 Right to elect to cease to be subject to this Act\n\n> [*\\[Section 14 Inserted by No. 91 of 1999, s. 30, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS30@EN) A person to whom this Act applies may elect, in accordance with the regulations, to cease to be subject to this Act.","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Regulations","content":"### 15 Regulations\n\n> [*\\[Section 15 Inserted by No. 91 of 1999, s. 30, Applied:15 Dec 1999\\]*](/view/html/inforce/1999-12-15/act-1999-091#GS30@EN) The Governor may make regulations for the purposes of this Act including, but not limited to, providing for –\n> \n> > > (a) the manner in which persons to whom this Act applies may elect to cease to be subject to this Act; and\n> > \n> > > (b) the transfer of entitlements of those persons.","sortOrder":23},{"sectionNumber":"SCHEDULE 1 - Family Law (Split","sectionType":"part","heading":"SCHEDULE 1 - Family Law (Splitting of Superannuation Interests)","content":"# SCHEDULE 1 - Family Law (Split SCHEDULE 1 - Family Law (Splitting of Superannuation Interests)\n\n[*\\[Schedule 1 Inserted by No. 55 of 2003, s. 8, Applied:25 Sep 2003\\]*](/view/html/inforce/2003-09-25/act-2003-055#GS8@EN)\n\n[Section 13A(1)(b)](#GS13A@Gs1@Hpb@EN) and [(2)](#GS13A@Gs2@EN)\n\n> **1.   **Interpretation****\n> \n> > [*\\[Schedule 1 Amended by No. 5 of 2004, Sched. 1, Applied:09 Jun 2004\\]*](/view/html/inforce/2004-06-09/act-2004-005#JS1@Ja2@GC1@Hpa@EN) In this Schedule –\n> > \n> > > ***Family Law Act*** means the [Family Law Act 1975](/view/html/inforce/2026-04-12/act-1975-053) of the Commonwealth;\n> > \n> > > ***flag lifting agreement*** has the meaning given by section 90MN of the Family Law Act;\n> > \n> > > ***flagging order*** means an order mentioned in section 90MU(1) of the Family Law Act;\n> > \n> > > ***member*** has the meaning given by section 90MD of the Family Law Act;\n> > \n> > > ***member spouse*** has the meaning given by section 90MD of the Family Law Act;\n> > \n> > > ***non-member spouse*** has the meaning given by section 90MD of the Family Law Act;\n> > \n> > > ***operative time*** has the meaning given by section 90MD of the Family Law Act;\n> > \n> > > ***splittable payment*** has a meaning in accordance with section 90ME of the Family Law Act;\n> > \n> > > ***splitting instrument*** means a superannuation agreement, a flagging order, a flag lifting agreement or a splitting order;\n> > \n> > > ***splitting order*** means an order mentioned in section 90MT(1) of the Family Law Act;\n> > \n> > > ***spouse*** has the meaning given by section 90MD of the Family Law Act;\n> > \n> > > ***superannuation agreement*** has the meaning given by section 90MH of the Family Law Act;\n> > \n> > > ***superannuation interest*** has the meaning given by section 90MD of the Family Law Act.\n\n> **2.   **Application of this Schedule****\n> \n> > This Schedule applies to –\n> > \n> > > > (a) any benefit under this Act that is a superannuation interest; and\n> > > \n> > > > (b) any splitting instrument that has an operative time on or after 28 December 2002.\n\n> **3.   **Objects of this Schedule****\n> \n> > > (1) The objects of this Schedule are to carry into effect the provisions of the Family Law Act relating to the splitting of superannuation interests.\n> > \n> > > (2) If a provision of this Schedule is inconsistent with a provision of the Family Law Act, the latter provision prevails to the extent of the inconsistency.\n\n> **4.   **Duty of Minister to give effect to splitting instruments under Family Law Act****\n> \n> > > (1) Where a splitting instrument affects an entitlement to a benefit of a member spouse under this Act, the Minister must give effect to that instrument in paying or determining that benefit.\n> > \n> > > (2) The Minister is not to make a payment to a non-member spouse under this Act before a splittable payment is payable to, or in respect of, the relevant member spouse.\n\n> **5.   **Commutation of pension on death of non-member spouse****\n> \n> > > (1) Where a share of a pension is payable to a non-member spouse under this Schedule, the Minister is to commute that share to a lump sum if that non-member spouse predeceases the member spouse in respect of whom the pension is being paid.\n> > \n> > > (2) For the purposes of [subclause (1)](#JS1@GC5@Gc1@EN) , the commutation factors are to be determined by the Minister on the advice of the Actuary.\n> > \n> > > (3) A share of a pension paid or payable to a non-member spouse under this Schedule does not revert to the widow or widower of that non-member spouse on the death of that non-member spouse.\n> > \n> > > (4) A lump sum payment calculated under [subclause (1)](#JS1@GC5@Gc1@EN) is to be paid to the legal personal representative of the non-member spouse and is to be made in accordance with Part VIIIB of the Family Law Act.\n> > \n> > > (5) A share of a pension payable to a non-member spouse under this Schedule ceases –\n> > > \n> > > > > (a) on the death of the relevant member spouse; or\n> > > > \n> > > > > (b) where a reversionary pension is payable in respect of a member spouse, on the cessation of that reversionary pension.\n\n> **6.   **Effect of benefit under splitting instrument****\n> \n> > If a member spouse dies and is survived by a non-member spouse who has received, is receiving or is entitled to receive, a benefit under a splitting instrument in respect of the superannuation interest of the member spouse, that non-member spouse is not entitled to a benefit under this Act in respect of the deceased member spouse except in accordance with that instrument.\n\n> **7.   **Fees for administration of Schedule****\n> \n> > For the purposes of administering this Schedule, the Minister may charge reasonable fees in accordance with the Family Law Act.\n\n> **8.   **Provision of information by Minister****\n> \n> > [*\\[Schedule 1 Amended by No. 5 of 2004, Sched. 1, Applied:09 Jun 2004\\]*](/view/html/inforce/2004-06-09/act-2004-005#JS1@Ja2@GC1@Hpb@EN) Where an eligible person, within the meaning of section 90MZB of the Family Law Act, has applied to the Minister for information in accordance with that section about the superannuation interest of a person entitled to a pension under this Act, the Minister must comply with the requirements of that Act as if he or she were the trustee of a superannuation fund.","sortOrder":24}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"While the core purpose — providing a contributory pension for Tasmanian judges — almost certainly remains unchanged, the scheme has been amended multiple times since 1968 (as indicated by the table of amending instruments). These amendments likely reflect adjustments to benefit levels, contribution rates, eligibility conditions, and alignment with broader superannuation reforms introduced nationally from the 1990s onwards. The scope has therefore evolved over time, even if the fundamental intent has not shifted."},"complexity_factors":["Pension and superannuation legislation typically involves complex actuarial (mathematical calculations of life expectancy and risk) formulas for calculating contribution rates and benefit amounts","Interaction with broader superannuation law and potential federal-state overlaps adds a layer of complexity","Multiple amendments since 1968 mean the current version may differ substantially from the original, requiring readers to track legislative history","Provisions for dependants and survivors typically involve defined eligibility criteria that can be difficult to navigate","Specialist subject matter (judicial appointments and tenure) requires understanding of both employment law and constitutional conventions around judicial independence","Limited publicly available plain-language guidance exists for such niche government employee schemes"],"plain_english_summary":"## Judges' Contributory Pensions Act 1968 (Tasmania)\n\nThis is a Tasmanian law that sets up a **pension scheme for judges** of Tasmania's courts. Here's what it means in plain terms:\n\n### What does it do?\n- It creates a retirement pension (regular payment after leaving the job) for Tasmanian judges\n- It is a **contributory** scheme, meaning judges pay into it during their working years — similar to how many workers contribute to superannuation — and receive benefits when they retire or leave the bench\n- It likely also provides for payments to a judge's spouse or dependants if the judge dies\n\n### Who does it affect?\n- **Tasmanian judges** (state court judges, not federal judges who have their own separate arrangements)\n- **Families and dependants** of judges who may receive survivor benefits\n- **Tasmanian taxpayers**, who fund the government's contribution to the scheme\n\n### Why does it matter?\n- Judicial pensions are considered important for **judicial independence** — the idea that judges should be financially secure so they can make decisions without fear or favour\n- This Act has been in place since **1968** and remains current law, meaning it still actively governs the retirement entitlements of eligible Tasmanian judges\n- It has been amended multiple times over the decades, suggesting the scheme has been adjusted to reflect changes in judicial salaries, retirement ages, and broader superannuation policy\n\n### Bottom line\nIf you are a Tasmanian judge (or married to one), this law directly determines your retirement income. For everyone else, it's a specialist scheme funded partly by public money that underpins the financial security of those who sit in judgment in Tasmania's courts."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1968 purpose of establishing a simple contributory pension scheme. Major expansions include: (1) 1995 amendments adding Associate Judges and termination benefits; (2) 1999 amendments introducing extensive commutation rights, surcharge liability provisions, and election rights; (3) 2003 amendments incorporating Family Law Act splitting requirements (Schedule 1); (4) 2003 amendments expanding 'spouse' to include de facto relationships; and (5) 2016-2017 amendments updating actuarial and accounting frameworks. The original scheme was a straightforward 'contribute 5%, receive half salary pension' model, but it now functions as a complex hybrid accommodating modern superannuation law, tax liabilities, relationship recognition, and family property division."},"complexity_factors":["Multiple amendment layers (1995, 1999, 2003, 2007, 2016, 2017) creating temporal complexity with different rules applying based on appointment/retirement dates","Extensive cross-referencing to other Acts: Supreme Court Act 1959, Supreme Court Act 1887, Family Law Act 1975 (Cth), Superannuation Industry (Supervision) Act 1993, Public Sector Superannuation Reform Act 2016, Relationships Act 2003","Date-dependent transitional provisions — commutation percentages vary based on retirement dates between 1999-2003, and contribution rates in termination benefits vary across six different historical periods","Nested conditional logic in section 8 (termination benefits) with multiple components: actual contributions, interest calculations, and prescribed employer contributions with their own interest","Schedule 1 implements Commonwealth family law splitting requirements with 11 defined terms and complex administrative duties","Multiple definitions of 'spouse' incorporating both marriage and significant relationships (de facto) under Tasmanian law","Phased implementation of commutation rights (20% to 100%) based on retirement timing","Repealed sections (4A, 12A) leaving gaps in the numbering and historical context that must be traced through amendment history"],"plain_english_summary":"This legislation establishes a **contributory pension scheme for Tasmanian judges and Associate Judges** who were appointed between specific dates (roughly 1968 to 1999).\n\n**What it does:**\n- **Requires judges to contribute 5% of their salary** to a pension fund during their service\n- **Pays a retirement pension** equal to half their judicial salary when they retire after 15+ years of service, retire due to disability, or reach compulsory retirement age\n- **Provides spouse pensions** if a judge dies in office or after retirement (typically one-third of the judicial salary)\n- **Allows lump sum conversions** — judges and spouses can convert part or all of their pension to a one-off payment (with limits based on retirement date)\n- **Handles tax liabilities** — permits commutation (conversion to lump sum) to pay Commonwealth superannuation surcharge debts\n- **Includes family law protections** — allows superannuation interests to be split between separating spouses under the Family Law Act\n- **Provides termination benefits** — refunds contributions plus interest if a judge leaves before qualifying for a pension\n\n**Who it affects:**\n- A **very narrow group**: Judges and Associate Judges of the Tasmanian Supreme Court appointed after the Act's commencement but before 1 July 1999, plus those who specifically elected into the scheme\n- **Spouses and former spouses** of these judges (including de facto partners recognised under Tasmanian law)\n\n**Why it matters:**\nThis is a **closed, legacy scheme** that no longer accepts new members. It represents an older style of defined benefit superannuation (where the payout is guaranteed based on salary, not investment returns) that was common for public servants and judges before Australia moved to accumulation-style superannuation in the 1990s. The Act preserves pension rights for a diminishing pool of retired and serving judges while incorporating modern requirements like family law splitting and superannuation guarantee compliance."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s current text limits its application to specific cohorts and contains multiple later amendments that alter scope and mechanics. The application is restricted by appointment dates and by written election (s 3). Subsequent insertions and amendments introduced Associate Judge coverage (s 3(2), s 10), commutation options and staged commutation caps (s 10A–10D), family law splitting provisions and related administrative rules (s 13A, Schedule 1), and alignment with later Commonwealth superannuation law for actuarial factors (s 2A, s 11(3)). These additions narrow the eligible cohort while adding new benefit conversion, survivor and Family Law interaction mechanics compared with the simpler contributory-pension framework evident in the basic contribution and pension entitlement provisions (s 4–5)."},"complexity_factors":["Multiple cross-references to other Commonwealth statutes and external definitions (e.g. Public Sector Superannuation Reform Act 2016, Superannuation Industry (Supervision) Act 1993, Family Law Act 1975) (s 2A, s 11, Schedule 1).","Several operational discretions vested in the Minister (approval of payment method/timing, interest rates, lump-sum conversion factors, commuting pensions, publishing conversion notices) (s 4(2), s 8(3), s 10A(3)–(4), s 11(2)–(3)).","Technical actuarial determinations required to convert pensions to lump sums and to calculate post-commutation increases (s 10A(4), s 13).","Layered timing and cohort rules that limit who the Act applies to (appointed day, appointment before/after 1 July 1999, Associate Judge provisions) (s 2, s 3, s 10).","Interlocking entitlement rules: retirement criteria, survivor entitlements, termination benefits, prescribed employer-component table, and commutation caps (s 5, s 6, s 8, s 10A).","Family Law splitting regime implemented via Schedule 1, which adds separate procedural and administrative rules (Schedule 1 cl 4–8).","Regulatory and election mechanics for entrants/exiting the scheme (s 14, s 15) and delegated rule-making/administrative publication practices (s 10A(5))."],"plain_english_summary":"### What this Act does (mechanics first)\n\n- Establishes a contributory pension scheme for a defined group of judges and related officers. Judges who are covered must pay contributions equal to 5% of their salary (s 4). Contributions are paid to the Minister in the manner the Minister approves (s 4(2)).\n\n- Sets out when a judge (or Associate Judge in relevant cases) becomes entitled to a pension: on retirement under the specified Supreme Court provisions, on retirement after at least 15 years’ service, or on retirement certified by the Minister as due to disability or infirmity (s 5(1)). The basic pension payable is one-half of the appropriate judicial salary (s 5(2)). Pensions are indexed or paid as equivalent proportions of the relevant judicial salary (s 7(1)).\n\n- Provides for survivor benefits: if a covered person dies in office or dies after becoming entitled to a pension, the spouse (including a person in a significant relationship, see s 2A) may be entitled to a pension (s 6). The spouse’s pension is generally at the rate of one-third of the appropriate judicial salary, subject to commutation and other provisions (s 6(3)).\n\n- Provides a termination benefit where a covered person retires or resigns and is not entitled to a pension: the Minister must pay back the person’s contributions plus interest and an employer-component amount calculated using the prescribed rates in the statutory table (s 8(1)–(3)). Where a covered person dies in office and no spouse becomes entitled, a termination benefit is payable to the personal representative (s 8(4)).\n\n- Maintains the Judges' Pension Fund as an account in the Public Account; contributions are credited to that account and pensions and other sums payable under the Act are paid from it (s 9(1)–(3)).\n\n- Allows conversion (commutation) of pension entitlements to lump sums in various circumstances: by the retiring judge (s 10A), by a spouse when the judge dies in office (s 10B), and by a spouse when a pensioner dies (s 10C). The Act sets maximum percentages for commutation depending on the date of retirement or death (s 10A(1), 10B(1), 10C(1)). Conversion factors are determined by the Minister on the advice of the Actuary and published in the Gazette (s 10A(4), 10B(3), 10C(3)). An election to commute must take effect within six months of pension commencement (s 10D).\n\n- Permits commutation specifically for the purpose of discharging a surcharge tax liability: on retirement a judge may elect to commute sufficient pension to a lump sum so they can discharge surcharge liability; the Minister must effect the commutation and pay the lump sum (s 11). If a covered person dies with outstanding surcharge liability, a surviving spouse may elect to commute to discharge that liability (s 12).\n\n- Makes pension benefits subject to the Family Law Act splitting rules: pensions and lump-sum payments under this Act are subject to Schedule 1, which implements the Family Law Act’s splitting of superannuation interests (s 13A and Schedule 1). The Minister must give effect to splitting instruments (Schedule 1 cl 4), may charge reasonable administration fees (cl 7) and must provide information as if the Minister were a trustee when required under the Family Law Act (cl 8).\n\n- Allows covered persons to elect to cease being subject to the Act, in the manner provided by regulation (s 14). The Governor may make regulations for scheme administration, including election processes and transfer of entitlements (s 15).\n\n### Who pays, who decides, and who is affected\n\n- Paying: covered judges pay contributions equal to 5% of salary (s 4). The public (through the Public Account) funds pension payments and termination benefits as those amounts are paid out of the Judges' Pension Fund held in the Public Account (s 9). The termination benefit includes an employer-component calculated via prescribed rates (s 8(1)(c) and s 8(2)).\n\n- Deciding and administering: the Minister performs most operational functions — approving how contributions are paid (s 4(2)), determining interest rates added to contributions and prescribed amounts (s 8(1)(b),(c),(3)), commuting pensions and paying lump sums (s 10A(3), 10B(2), 10C(2), 11(2)), and publishing conversion factors on the advice of the Actuary (s 10A(4)). The Governor makes regulations (s 15). The Act refers to the Actuary defined by other superannuation legislation (s 2A).\n\n- Affected persons: judges (as defined by the Act and its application rules in s 3), associate judges in certain cohorts (s 3(2) and s 10), spouses (including persons in significant relationships) of those judges (s 2A, s 6), and any non-member spouse entitled to a share under Family Law splitting arrangements (Schedule 1).\n\n### Why it matters (official purpose and a practical test)\n\n- Officially, the Act creates a contributory pension scheme specifically tailored for judges and their spouses, provides rules for commutation and survivor benefits, and aligns those benefits with Family Law splitting rules (see s 5, s 6, s 10A–10C, s 13A and Schedule 1).\n\n- Practical implications and trade-offs to note (source-grounded):\n  - Fiscal flows: judges’ contributions are credited to the Judges' Pension Fund, but pensions and lump sums are paid from the Public Account (s 9). That creates an administrative flow of funds from individual contributions into a government account and then government-funded payments when benefits become payable.\n  - Individual choice vs. public administration: covered judges can choose to commute part or all of residual pensions to lump sums subject to the statutory percentages and conversion factors (s 10A). Spouses have parallel options (s 10B, s 10C). Those choices shift risk and timing of income from ongoing pensions to lump sums.\n  - Administrative discretion and technical dependence: the Minister exercises several technical discretions (approving contribution payment method/timing (s 4(2)), setting interest and conversion factors on advice of the Actuary (s 8(3), s 10A(4)), determining lump sums with reference to legislative factors (s 11(3))). Those discretions affect the value and timing of benefits and require actuarial input.\n  - Interaction with other laws and external standards: the Act cross-references and depends on other Commonwealth superannuation and family law regimes (e.g. definitions and actuarial factors under the Public Sector Superannuation Reform Act 2016 (s 2A; s 11(3)), splitting provisions under the Family Law Act implemented in Schedule 1). That linkage means changes in those external regimes will affect how this Act operates.\n  - Compliance and administrative burden on participants: covered persons must make and possibly file elections (to be covered, to cease coverage, to commute) (s 3, s 10A, s 14). Family Law splitting instruments impose additional administration and possible fees when the Minister implements them (Schedule 1 cls 4, 7, 8).\n  - Transferability and third-party claims: Schedule 1 implements splitting instruments under the Family Law Act, which can transfer or create entitlements in favour of non-member spouses; the Minister must give effect to those instruments when determining benefits (Schedule 1 cl 4).\n\n### Implementation risks and monitoring points (source-grounded)\n\n- Accuracy and transparency of actuarial conversion factors matter because lump-sum values and commutations are set by the Minister on the Actuary’s advice and published in the Gazette (s 10A(4), 10B(3), 10C(3)). The Act notes those notices are not statutory rules (s 10A(5)), which affects the formal oversight mechanism for those factors.\n\n- The Minister’s multiple operational discretions (payment timing, interest rates, conversion factors, administration of Family Law splitting instruments) concentrate implementation responsibility in the executive and create reliance on administrative processes (s 4(2), s 8(3), s 10A(4), Schedule 1 cls 4, 7, 8).\n\n- Changes in the referenced Commonwealth superannuation or family law regimes will directly alter the mechanics here because some definitions and calculation rules are imported (s 2A, s 11(3), Schedule 1).\n\n### Net behavioural effects (mechanical, source-grounded)\n\n- Judges: pay 5% of salary into the scheme (s 4) and may elect to convert pension streams to lump sums within the statutory parameters (s 10A). Some judges may choose commutation to meet tax (surcharge) obligations (s 11).\n\n- Spouses: can receive survivor pensions (s 6) and, in certain circumstances, may elect to commute survivor pensions to lump sums (s 10B, s 10C). Under Family Law splitting, non-member spouses may receive shares of benefits (Schedule 1 cl 4–6).\n\n- Government/Minister: administers collection, payments, conversions, and Family Law instruments, and bears the responsibility of ensuring the Pension Fund / Public Account can meet liabilities when they fall due (s 9).\n\nSources: references are to the sections cited in the Act text provided (sections 2, 2A, 3–15, Schedule 1)."},"issue_detection":{"absurdities":[{"type":"other","section":"Status Information / Currency of version","severity":"low","reasoning":"The phrase 'usually updated within 3 working days' is a caveat that undermines the absolute claim of currency 'to date'. If the file was last modified September 2025 but accessed April 2026, either no changes occurred in ~7 months (possible but notable) or the 'to date' currency claim is unreliable. The hedge 'usually' creates a situation where the stated currency cannot be guaranteed, making reliance on the document legally uncertain.","confidence":0.45,"description":"The legislation states it is 'current from 1 July 2019 to date' but simultaneously states 'File last modified 22 September 2025', while the access date is 3 April 2026. This creates an ambiguity about whether any amendments made between September 2025 and April 2026 are reflected, despite the currency claim extending 'to date'."},{"type":"impossible_compliance","section":"Status Information / Currency of version","severity":"medium","reasoning":"A person relying on the consolidated legislation for compliance purposes cannot simultaneously accept both that (a) the document is current 'to date' and (b) it may be up to 3 working days (or more, given 'usually') behind actual law. Compliance with legislation requires knowing current law; a document that may be stale by an unspecified lag period creates an impossible compliance standard for practitioners relying solely on this resource.","confidence":0.55,"description":"The statement 'Legislation on this site is usually updated within 3 working days after a change to the legislation' implicitly acknowledges that the version displayed may not be current law at any given moment, while simultaneously being presented as the authoritative consolidated version. This is a structural absurdity in a legal instrument where currency is essential."}],"contradictions":[{"severity":"low","section_a":"Status Information – 'Version current from 1 July 2019 to date (accessed 3 April 2026 at 15:22)'","section_b":"Status Information – 'File last modified 22 September 2025'","confidence":0.5,"description":"The version is described as current 'to date' (i.e., 3 April 2026), yet the file was last modified on 22 September 2025, approximately six and a half months prior to the access date. If the file has not been modified since September 2025, the claim of currency 'to date' (April 2026) is either unsupported or implies no legislative changes have occurred in that period — a fact not stated and not verifiable from the document itself."}]}},"importantCases":[],"_links":{"self":"/api/acts/judges-contributory-pensions-act-1968","history":"/api/acts/judges-contributory-pensions-act-1968/history","analysis":"/api/acts/judges-contributory-pensions-act-1968/analysis","conflicts":"/api/acts/judges-contributory-pensions-act-1968/conflicts","importantCases":"/api/acts/judges-contributory-pensions-act-1968/important-cases","documents":"/api/acts/judges-contributory-pensions-act-1968/documents"}}