10AReduction in pensions where lump sum benefit paid

10A Reduction in pensions where lump sum benefit paid

10A Reduction in pensions where lump sum benefit paid

(1) Despite any other provision of this Act, if a pension is payable under this Act to or in respect of a judge or former judge who has previously been paid a lump sum benefit:

(a) under this Act, or

(b) under an Act of another State, a Territory or the Commonwealth in respect of any prior judicial service,

the amount of any pension payable from time to time under this Act is to be reduced having regard to the value of the lump sum benefit paid.

(2) If a pension is reduced under this section, any subsequent reversionary pension payable from time to time under this Act is to be reduced.

(3) The amount of the reduced pension or reversionary pension is to be determined by the Attorney-General in accordance with actuarial advice.

(4) In this section:

prior judicial service has the same meaning as it has in section 8.

reversionary pension means a pension paid under this Act to a person as a result of a pension being previously paid to another person under this Act (for example, a pension paid to a surviving spouse of a judge).

s 10A: Ins 2000 No 31, Sch 7 [4]. Am 2005 No 31, Sch 5 [21].