QLDIn ForceAct
Corrective Services Act 2006
sec.240Pension if appointment ends because of ill health
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### sec.240 Pension if appointment ends because of ill health
The Judges Pensions Act , section 5 applies to a former senior board member if—
the member resigned the office of president or deputy president and both of the following apply—
a specialist health practitioner certifies to the Minister that the member’s resignation is because of permanent disability or infirmity;
the Minister is satisfied the member’s resignation is because of permanent disability or infirmity; or
the member’s appointment as president or deputy president was terminated under section 226 (3) (b) because of a proved incapacity to perform the duties of the office.
However, the annual pension to which the former senior board member is entitled is an annual pension—
at a rate equal to 6% of the prescribed salary for each year of the period consisting of—
the period for which the former senior board member held office as the president or a deputy president; and
the period for which the former senior board member could have held office as the president or a deputy president under the member’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the member had not resigned, or the member’s appointment had not been terminated, as mentioned in subsection (1) ; but
up to a maximum of 60% of the prescribed salary.
Also, a former senior board member is entitled to an annual pension as set out in this section only if the period mentioned in subsection (2) (a) is at least 5 years.
In this section—
specialist health practitioner see the Health Practitioner Regulation National Law (Queensland) , section 5 .
s 240 sub 2017 No. 15 s 12
amd 2020 No. 15 s 45
(sec.240-ssec.1) The Judges Pensions Act , section 5 applies to a former senior board member if— the member resigned the office of president or deputy president and both of the following apply— a specialist health practitioner certifies to the Minister that the member’s resignation is because of permanent disability or infirmity; the Minister is satisfied the member’s resignation is because of permanent disability or infirmity; or the member’s appointment as president or deputy president was terminated under section 226 (3) (b) because of a proved incapacity to perform the duties of the office.
(sec.240-ssec.2) However, the annual pension to which the former senior board member is entitled is an annual pension— at a rate equal to 6% of the prescribed salary for each year of the period consisting of— the period for which the former senior board member held office as the president or a deputy president; and the period for which the former senior board member could have held office as the president or a deputy president under the member’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the member had not resigned, or the member’s appointment had not been terminated, as mentioned in subsection (1) ; but up to a maximum of 60% of the prescribed salary.
(sec.240-ssec.3) Also, a former senior board member is entitled to an annual pension as set out in this section only if the period mentioned in subsection (2) (a) is at least 5 years.
(sec.240-ssec.4) In this section— specialist health practitioner see the Health Practitioner Regulation National Law (Queensland) , section 5 .
- (a) the member resigned the office of president or deputy president and both of the following apply— (i) a specialist health practitioner certifies to the Minister that the member’s resignation is because of permanent disability or infirmity; (ii) the Minister is satisfied the member’s resignation is because of permanent disability or infirmity; or
- (i) a specialist health practitioner certifies to the Minister that the member’s resignation is because of permanent disability or infirmity;
- (ii) the Minister is satisfied the member’s resignation is because of permanent disability or infirmity; or
- (b) the member’s appointment as president or deputy president was terminated under section 226 (3) (b) because of a proved incapacity to perform the duties of the office.
- (i) a specialist health practitioner certifies to the Minister that the member’s resignation is because of permanent disability or infirmity;
- (ii) the Minister is satisfied the member’s resignation is because of permanent disability or infirmity; or
- (a) at a rate equal to 6% of the prescribed salary for each year of the period consisting of— (i) the period for which the former senior board member held office as the president or a deputy president; and (ii) the period for which the former senior board member could have held office as the president or a deputy president under the member’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the member had not resigned, or the member’s appointment had not been terminated, as mentioned in subsection (1) ; but
- (i) the period for which the former senior board member held office as the president or a deputy president; and
- (ii) the period for which the former senior board member could have held office as the president or a deputy president under the member’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the member had not resigned, or the member’s appointment had not been terminated, as mentioned in subsection (1) ; but
- (b) up to a maximum of 60% of the prescribed salary.
- (i) the period for which the former senior board member held office as the president or a deputy president; and
- (ii) the period for which the former senior board member could have held office as the president or a deputy president under the member’s terms and conditions of appointment (including under an option to renew the appointment for a further term) if the member had not resigned, or the member’s appointment had not been terminated, as mentioned in subsection (1) ; but