4Payment on retirement or death of Justice

4 Payment on retirement or death of Justice

(1) On: (a) the retirement of a Justice after having completed at least 10 years’ service as a Justice; or (b) the death of a Justice, whether or not he or she has completed 10 years’ service as a Justice; an amount calculated in accordance with subsection (2) is payable in accordance with this Act. (2) The amount payable under subsection (1) in respect of a Justice is an amount equal to the judicial salary of the Justice for: (a) a period of 52 weeks; or (b) a period of weeks calculated at the rate of 5.2 weeks for each completed year of the Justice’s qualifying service; whichever is the lesser period. (2A) Where: (a) a Justice (not being a Justice to whom subsection (1) applies) is to cease to hold office as a Justice upon attaining a particular age, and the Justice ceases to be a Justice upon attaining that age; and (b) at the time of the Justice’s so ceasing, the period of his or her service as a Justice was not less than 6 years; an amount calculated in accordance with subsection (2C) is payable in accordance with this Act. (2B) Where: (a) a Justice (not being a Justice to whom subsection (1) applies) retires; and (b) the Attorney‑General certifies under section 6 of the Judges’ Pensions Act 1968 that the retirement is due to permanent disability or infirmity; an amount calculated in accordance with subsection (2C) is payable in accordance with this Act. (2C) The amount payable under subsection (2A) or (2B) in respect of a Justice is an amount equal to the judicial salary of the Justice for a period of weeks calculated at the rate of 5.2 weeks for each completed year of the Justice’s qualifying service. (3) In this section:

qualifying service, in relation to a Justice, means the period of his or her service as a Justice, other than any period of such service in respect of which the Justice has taken long leave or has been paid in lieu of such leave.

service as a Justice, in relation to a Justice, means the period that is to be regarded, in relation to the Justice, as service as a Judge for the purposes of section 6 of the Judges’ Pensions Act 1968.