104CActuary's first calculation after election of Associate Judges to commute pensions

104C Actuary's first calculation after election of Associate Judges to commute pensions S. 104C(1) amended by No. 24/2008 s. 31(2)(a)(i). (1) If an election under section 104B is in operation, within 10 days after the day on which an Associate Judge resigns, retires or dies while in office, the Minister must— S. 104C(1)(a) amended by Nos 11/2002 s. 3(Sch. 1 item 59.2), 23/2008 s. 16(3), 24/2008 s. 31(2)(a)(ii) (b). (a) cause an actuary to determine the extent to which the former Associate Judge's pension and any future entitlement of the Associate Judge's partner or eligible child to a pension upon the Associate Judge's death otherwise payable under this Act will be reduced subject to subsection (4) and taking into account the lump sum to be provided by the commutation of part of the Associate Judge's total pension entitlement and that of his or her partner or eligible child at the time at which the former Associate Judge became entitled to his or her pension for the purposes of payment of the whole of the liability for the superannuation contributions surcharge; and S. 104C(1)(b) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(2)(a)(ii) (b). (b) notify the former Associate Judge or, if he or she has died, the former Associate Judge's partner or eligible child of the actuary's determination under subsection (1)(a). S. 104C(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(2)(b)(c). (2) A former Associate Judge or, if he or she has died, the former Associate Judge's partner or eligible child may revoke the election under section 104B within 10 days after the Minister's notification under subsection (1)(b). S. 104C(3) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(2)(b). (3) If an election under section 104B is in operation, the former Associate Judge's pension and any future entitlement of the former Associate Judge's partner or eligible child to a pension upon the Associate Judge's death otherwise payable from time to time under this Act must be reduced to the extent determined under subsection (1). (4) For the purposes of subsection (1)— S. 104C(4)(a) amended by No. 24/2008 s. 31(2)(b)(c). (a) the reduction of the former Associate Judge's pension must not exceed 15% of his or her total pension entitlement under the Act on the day on which the Associate Judge resigned or retired; and S. 104C(4)(b) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(2)(b)(c). (b) the reduction of any future entitlement of the Associate Judge's partner or eligible child to a pension must not exceed 15% of an amount equal to the total pension entitlement of the Associate Judge's partner and eligible children on the day on which the Associate Judge resigned, retired or died while in office; and (c) each reduction referred to in paragraph (a) and (b) must be a fixed percentage to be applied to the pension entitlement under the Act and, if paragraphs (a) and (b) both apply, the percentage must be the same; and (d) each reduction must be applied from the entitlement day according to paragraph (a) or (b). S. 104D (Heading) amended by No. 24/2008 s. 31(3). S. 104D inserted by No. 19/2001 s. 21.