7AGovernor's pension

7A Governor's pension

S. 7A(1) amended by No. 9721 s. 2(a).

(1) Every Governor who—

(a) has resigned or retired after serving in the office of Governor for a period of not less than five years; or

S. 7A(1)(b) amended by No. 46/1987 s. 6.

(b) having served in the office of Governor for a period less than five years has retired or resigned and the Governor in Council is satisfied that that person's retirement or resignation was due to ill health or physical or mental incapacity to perform the duties of that person's office—

shall subject to subsection (4) be entitled upon resignation or retirement from his office to a pension payable fortnightly at the rate per annum of sixty per centum of the annual salary of the Chief Justice of Victoria for the time being fixed under section 82(1).

(2) Reference to a Governor in subsection (1) of this section shall include a reference to any former Governor provided that any pension to which such former Governor thereby becomes entitled under this section shall only become due and payable on and from the date on which the Constitution (Governor's Pension) Act 1978 comes into operation and not before.

S. 7A(2A) inserted by No. 1/1986 s. 5(1).

(2A) A Governor who—

(a) resigns or retires after serving in the office of Governor for a period of not less than one year but less than five years; and

(b) is not entitled to a pension under subsection (1)(b)—

is, subject to subsection (4), entitled upon resignation or retirement from office to a pension payable fortnightly—

(c) at the rate per annum calculated in accordance with the formula Image unavailable in extracted text where—

A is the amount of the pension to which the Governor would have been entitled under subsection (1) if the Governor had served in the office for five years; and

B is the number of full years served by the Governor in the office; or

S. 7A(2A)(d) amended by No. 46/1998

(d) at such higher rate per annum as was determined by the Governor in Council on the recommendation of the Premier and Minister administering Part 7 of the Financial Management Act 1994 when the Governor was appointed or as is so determined when the Governor resigns or retires.

S. 7A(2B) inserted by No. 1/1986 s. 5(1).

(2B) A reference to a Governor in subsection (2A) includes a reference to a former Governor who resigns or retires on or after the commencement of section 5 of the Constitution (Governor's Salary and Pension) Act 1985.