6BRate of pension—Judge’s surcharge debt account in debit

#### 6B Rate of pension—Judge’s surcharge debt account in debit (1) This section applies to a Judge if the Judge’s surcharge debt account is in debit when a pension becomes payable to him or her. > Note: For surcharge debt account see subsection 4(1). (2) Subject to sections 16, 17AD and 17AH, the annual rate of the pension to which the Judge is entitled is: (a) if the period of his or her service as a Judge does not include a period of exempt service—the rate worked out by using the formula:  (b) if the period of his or her service as a Judge includes a period of exempt service that is less than his or her qualifying period for a pension—the rate worked out by using the formula:  (c) if the period of his or her service as a Judge includes a period of exempt service that is equal to or longer than his or her qualifying period for a pension—a rate equal to BP; where: > BP (basic pension) is the annual rate of the pension that would be payable to the Judge if his or her surcharge debt account were not in debit when the pension becomes payable. > E means the number of years in the Judge’s period of exempt service. > Q means the number of years in the Judge’s qualifying period for a pension. > relevant period, in relation to a Judge, means: (a) if paragraph (b) does not apply—the Judge’s period of service as a Judge; or (b) if the Judge’s period of service as a Judge began before 21 August 1996—that part of the period of service that began on that date. > SCS1 means the rate of superannuation contributions surcharge that applies to the Judge for financial year 1 included in the relevant period in relation to him or her, and SCS2 and SCSy each have a corresponding meaning. > Y means: (a) if paragraph (b) does not apply—the number of financial years included in the relevant period in relation to the Judge; or (b) if the Judge becomes entitled to a pension because the Minister certifies under subsection 6(2) that the Judge’s retirement is due to permanent disability or infirmity—the number of financial years included in the qualifying period for a pension in relation to the Judge, less the number of years in the Judge’s period of exempt service. > Note: For qualifying period for a pension see subsection 4(3) and for period of exempt service see subsection 4(1).