6Pensions of Judges

6 Pensions of Judges

(1) Where: (a) a Judge, other than a Papua New Guinea Judge, who has attained the age of 60 years; or (b) a Papua New Guinea Judge who has attained the age of 55 years; retires after serving as a Judge for not less than 10 years, he or she is entitled to a pension in accordance with subsection 6A(2) or 6B(2). (2) Where a Judge, not being a Judge to whom subsection (1) applies, retires, and the Minister certifies that the retirement is due to permanent disability or infirmity, he or she is entitled to a pension in accordance with subsection 6A(2) or 6B(2).

Note: A pension to which a Judge is entitled in accordance with subsection 6A(2) or 6B(2) may be reduced under section 17AN (which deals with the Division 293 and 296 tax laws).

(2AA) A Judge (not being a Judge to whom subsection (1) applies) who has retired may apply to the Minister for a certificate under subsection (2) that his or her retirement was due to permanent disability or infirmity and, upon receipt of that application, the Minister shall: (a) if he or she is satisfied that the retirement of the Judge was due to permanent disability or infirmity—so certify under subsection (2); or (b) if he or she is not so satisfied—refuse so to certify. (2A) Where a Papua New Guinea Judge, other than a Judge to whom subsection (1) or (2) applies, retires and is not re‑appointed as a Judge of the Supreme Court of Papua New Guinea, he or she is entitled: (a) if the Minister certifies that he or she is satisfied that his or her services as such a Judge were no longer required—to a pension in accordance with subsection 6A(2) or 6B(2); and (b) in any other case—to a pension in accordance with subsection 6A(3) or 6B(2). (2B) Notwithstanding paragraph (b) of subsection (2A), where the Governor‑General determines that, by reason of special circumstances, a retired Judge who would, but for this subsection, be entitled under subsection (2A) to a pension in accordance with subsection 6A(3) or 6B(2) should receive a pension in accordance with subsection 6A(2) or 6B(2), the retired Judge is entitled to receive a pension accordingly. (2D) Where: (a) a Judge, whether by reason of the terms of his or her appointment or otherwise, is to cease to hold office as a Judge upon his or her attaining a particular age; (b) he or she ceases to be a Judge upon his or her attaining that age; (c) at the time of his or her so ceasing, he or she had served as a Judge for not less than 6 years; and (d) he or she is not a person to whom subsection (1), (2), (2A) or (2B) applies; he or she is entitled to a pension in accordance with subsection 6A(4) or 6B(2).