sec.5Pension of judge retiring on account of ill health

sec.5 Pension of judge retiring on account of ill health

This section applies if— a judge retires from office and both of the following apply— a specialist health practitioner certifies to the Minister that the judge’s retirement is because of permanent disability or infirmity; the Minister is satisfied the judge’s retirement is because of permanent disability or infirmity; or a judge is removed from office because of proved incapacity. The judge is entitled to an annual pension at a rate consisting of— 75% of the maximum pension entitlement that the judge might have had under this Act if the judge had not retired because of permanent disability or infirmity or had not been removed from office because of proved incapacity; and where the judge has served as a judge for a period in excess of 5 years—an additional 5% of the maximum pension entitlement referred to in paragraph (a) for each year of the judge’s service as a judge in excess of 5 years; but so that the rate of the judge’s pension shall not exceed 60% of the judge’s salary. In this section— specialist health practitioner see the Health Practitioner Regulation National Law (Queensland) , section 5 . s 5 sub 1967 No. 40 s 12 ; 1984 No. 10 s 5 amd 1992 No. 14 s 2 sch ; 2003 No. 77 s 82 ; 2020 No. 15 s 87 (sec.5-ssec.1) This section applies if— a judge retires from office and both of the following apply— a specialist health practitioner certifies to the Minister that the judge’s retirement is because of permanent disability or infirmity; the Minister is satisfied the judge’s retirement is because of permanent disability or infirmity; or a judge is removed from office because of proved incapacity. (sec.5-ssec.2) The judge is entitled to an annual pension at a rate consisting of— 75% of the maximum pension entitlement that the judge might have had under this Act if the judge had not retired because of permanent disability or infirmity or had not been removed from office because of proved incapacity; and where the judge has served as a judge for a period in excess of 5 years—an additional 5% of the maximum pension entitlement referred to in paragraph (a) for each year of the judge’s service as a judge in excess of 5 years; but so that the rate of the judge’s pension shall not exceed 60% of the judge’s salary. (sec.5-ssec.3) In this section— specialist health practitioner see the Health Practitioner Regulation National Law (Queensland) , section 5 .

• (a) a judge retires from office and both of the following apply— (i) a specialist health practitioner certifies to the Minister that the judge’s retirement is because of permanent disability or infirmity; (ii) the Minister is satisfied the judge’s retirement is because of permanent disability or infirmity; or
• (i) a specialist health practitioner certifies to the Minister that the judge’s retirement is because of permanent disability or infirmity;