1Judges' Pensions Regulations 2018

South Australia Judges' Pensions Regulations 2018 under the Judges' Pensions Act 1971

Contents 1 Short title 2 Commencement 3 Interpretation 4 Right of non-member spouse or legal representative to apply for commutation (section 17H of Act) 5 Commutation factors for non-member spouse and legal representative 6 Associate pension (section 17H of Act) 7 Procedure for payment of lump sum to non-member spouse (section 17I of Act) 8 Procedure for payment of pension to non-member spouse (section 17I of Act) Schedule 1—Factors for determination of associate pension Schedule 2—Revocation of Judges' Pensions Regulations 2003 Legislative history

1—Short title These regulations may be cited as the Judges' Pensions Regulations 2018. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Judges' Pensions Act 1971. 4—Right of non-member spouse or legal representative to apply for commutation (section 17H of Act) (1) For the purposes of section 17H(2)(b) of the Act, a non-member spouse who is entitled to have the whole of their share in an entitlement commuted to a lump sum must make the election in accordance with that section within 3 months of the operative time. (2) For the purposes of section 17H(5) of the Act, if a non-member spouse dies while entitled to, or in receipt of, a pension under that section (other than an associate pension), an election by the non-member spouse's legal representative for the pension to be commuted to a lump sum must be made within 6 months of the non-member spouse's death. 5—Commutation factors for non-member spouse and legal representative The following table sets out commutation factors for— (a) a non-member spouse who elects under section 17H(2)(b) of the Act to have their share of an entitlement commuted to a lump sum; and (b) the legal representative of a deceased non-member spouse who elects under section 17H(5) of the Act to have a pension that the non-member spouse was receiving, or was entitled to receive, commuted to a lump sum:

Age of member spouse at time of commutation Amount of lump sum for each dollar of annual pension commuted 60 or under $10.00 60-61 $10.00-$9.90 61-62 $9.90-$9.80 62-63 $9.80-$9.70 63-64 $9.70-$9.60 64-65 $9.60-$9.50 65-66 $9.50-$9.30 66-67 $9.30-$9.10 67-68 $9.10-$8.80 68-69 $8.80-$8.50 69-70 $8.50-$8.20 70-71 $8.20-$7.90 71-72 $7.90-$7.60 72-73 $7.60-$7.30 73-74 $7.30-$7.00 74-75 $7.00-$6.70 75-76 $6.70-$6.42 76-77 $6.42-$6.14 77-78 $6.14-$5.86 78-79 $5.86-$5.58 79-80 $5.58-$5.30 80-81 $5.30-$5.02 81-82 $5.02-$4.74 82-83 $4.74-$4.46 83-84 $4.46-$4.18 84-85 $4.18-$3.90 85-86 $3.90-$3.68 86-87 $3.68-$3.46 87-88 $3.46-$3.24 88-89 $3.24-$3.02 89-90 $3.02-$2.80 90-91 $2.80-$2.66 91-92 $2.66-$2.52 92-93 $2.52-$2.38 93-94 $2.38-$2.24 94-95 $2.24-$2.10 95-96 $2.10-$1.68 96-97 $1.68-$1.26 97-98 $1.26-$0.84 98-99 $0.84-$0.42 99-100 $0.42-$0.00 6—Associate pension (section 17H of Act) (1) For the purposes of section 17H(2)(a)(ii) of the Act, notice of an election by a non-member spouse to have the whole of their share of an entitlement converted to, and taken as, an associate pension must be given in writing within 3 months of the date on which notification of the non-member spouse's right to make the election is given by the Treasurer. (2) For the purposes of section 17H(3) of the Act, the amount of an associate pension will be determined by applying the following method: