104GPayment and commutation of pensions of former Associate Judges

104G Payment and commutation of pensions of former Associate Judges (1) If an election under section 104E is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge. S. 104G(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 33(2)(a). (2) 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 from time to time under this Act must be reduced to the extent determined under section 104F in consequence of the payment of the lump sum. (3) For the purposes of section 104F— S. 104G(3)(a) amended by No. 24/2008 s. 33(2). (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. 104G(3)(b) amended by Nos 23/2008 s. 16(3), 24/2008 s. 33(2). (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 or retired; or (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) the reduction must be applied from the day of payment of the lump sum under subsection (1). S. 104H (Heading) amended by Nos 23/2008 s. 16(5), 24/2008 s. 34(1). S. 104H inserted by No. 19/2001 s. 21. 104H Election of Associate Judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge S. 104H(1) amended by Nos 23/2008 s. 16(3), 24/2008 s. 34(2). (1) If no election made under section 104B or 104E is in operation, a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former Associate Judge may elect to have part of his or her pension commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for the superannuation contributions surcharge arising because of the entitlement of the former Associate Judge to receive a pension under this Act or the entitlement of the deceased former Associate Judge's partner or eligible child to receive a pension under this Act. (2) An election under subsection (1) must— S. 104H(2)(a) amended by Nos 23/2008 s. 16(4), 24/2008 s. 34(2)(b). (a) be made in writing to the Minister within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the deceased former Associate Judge's pension or his or her partner's or eligible child's pension; and (b) specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pension; and S. 104H(2)(c) amended by Nos 23/2008 s. 16(3), 24/2008 s. 34(2)(a). (c) authorise the Minister to pay the lump sum on behalf of the person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former Associate Judge to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and (d) be accompanied by a copy of the superannuation contributions surcharge notice. S. 104I (Heading) amended by Nos 23/2008 s. 16(5), 24/2008 s. 34(3). S. 104I inserted by No. 19/2001 s. 21. 104I Actuary's calculation of reduction of pensions of Associate Judges' partners and eligible children (1) If an election is made under section 104H, the Minister must within 10 days after the day on which the Minister received the election— S. 104I(1)(a) amended by Nos 23/2008 s. 16(3), 24/2008 s. 34(4). (a) cause an actuary to determine the extent to which the pension of a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former Associate Judge otherwise payable under this Act will be reduced subject to section 104J(3) and taking into account the specified amount of the lump sum to be provided by the commutation of the pension; and (b) notify the person of the actuary's determination under subsection (1)(a). S. 104I(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 34(4). (2) A person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former Associate Judge may revoke his or her election under section 104H within 10 days after the Minister's notification under subsection (1)(b). S. 104J (Heading) amended by Nos 23/2008 s. 16(5), 24/2008 s. 35(1). S. 104J inserted by No. 19/2001 s. 21. 104J Payment and commutation of pensions of former Associate Judges' partners and eligible children (1) If an election under section 104H is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge. S. 104J(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(2)(a). (2) On payment of the lump sum, the pension of a person entitled to receive a pension as the partner or eligible child of the deceased former Associate Judge otherwise payable from time to time under this Act must be reduced to the extent determined under section 104I. (3) For the purposes of section 104I— S. 104J(3)(a) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(2)(b). (a) the reduction of any future entitlement of the Associate Judge's partner or eligible child to a pension must not exceed 15% of— S. 104J(3)(a)(i) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(2)(a). (i) an amount equal to the total pension entitlement of the Associate Judge and his or her partner and eligible children on the day on which the Associate Judge resigned or retired; or S. 104J (3)(a)(ii) amended by Nos 23/2008 s. 16(4), 24/2008 s. 35(2). (ii) in the case of the Associate Judge's death while in office, an amount equal to his or her partner's and eligible children's total pension entitlement on the day on which the Associate Judge died; and (b) the reduction must be a fixed percentage to be applied to the pension entitlement under the Act; and (c) the reduction must be applied from the day of payment of the lump sum under subsection (1). S. 104JA inserted by No. 63/2013 s. 64. 104JA Entry into part-time service arrangement (1) An Associate Judge may enter into an arrangement with the Chief Justice to carry out the duties of Associate Judge on a part-time basis. (2) A part-time service arrangement— (a) must be in writing; (b) must specify the proportion of full-time duties to be worked by the Associate Judge to whom the part-time service arrangement applies which must be a minimum of 0·4 of full-time duties; (c) may specify an expiry date, but is not required to do so. (3) The Chief Justice may have regard to the following factors in considering whether to enter into a part-time service arrangement— (a) the operational needs of the Court; (b) the personal and professional circumstances of the Associate Judge; (c) parity and equity with other Associate Judges; (d) any other relevant consideration. (4) A part-time service arrangement takes effect from the date specified in the part-time service arrangement. S. 104JB inserted by No. 63/2013 s. 64. 104JB Variation of part-time service arrangement (1) A part-time service arrangement may be varied by agreement between the Associate Judge to whom the arrangement applies and the Chief Justice. (2) A variation of a part-time service arrangement— (a) must be in writing; (b) must specify the proportion of full-time duties to be worked by the Associate Judge to whom the part-time service arrangement applies, which must be a minimum of 0·4 of full-time duties. (3) The Chief Justice may have regard to the factors referred to in section 104JA(3) in considering whether to vary a part-time service arrangement. (4) A variation of a part-time service arrangement takes effect from the date specified in the written variation of the part-time service arrangement. S. 104JC inserted by No. 63/2013 s. 64. 104JC Termination of part-time service arrangement A part-time service arrangement may be terminated by agreement between the Associate Judge to whom the part-time service arrangement applies and the Chief Justice. S. 104JD inserted by No. 63/2013 s. 64. 104JD Associate Judges serving under part-time service arrangement not to engage in legal practice or other paid employment (1) An Associate Judge serving under a part-time service arrangement must not engage in legal practice. (2) Except with the approval of the Chief Justice, an Associate Judge serving under a part-time service arrangement must not undertake paid employment or conduct a business, trade or profession of any kind. (3) Except with the approval of the Chief Justice, an Associate Judge serving under a part-time service arrangement must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the Associate Judge receives remuneration. No. 6387 s. 181. S. 105 amended by No. 109/1994 s. 22(3), substituted by No. 24/2008 s. 36 (as amended by No. 78/2008 s. 21).