Commonwealth Consolidated Acts

JUDGES' PENSIONS ACT 1968 - SECT 6

  (1)   Where:

  (a)   a Judge, other than a Papua New Guinea Judge, who has attained the age of 60 years; or

  (b)   a Papua New Guinea Judge who has attained the age of 55 years;

retires after serving as a Judge for not less than 10 years, he or she is entitled to a pension in accordance with subsection   6A(2) or 6B(2).

  (2)   Where a Judge, not being a Judge to whom subsection   (1) applies, retires, and the Minister certifies that the retirement is due to permanent disability or infirmity, he or she is entitled to a pension in accordance with subsection   6A(2) or 6B(2).

Note:   A pension to which a Judge is entitled in accordance with subsection   6A(2) or 6B(2) may be reduced under section   17AN (which deals with sustaining the superannuation contribution concession).

  (2AA)   A Judge (not being a Judge to whom subsection   (1) applies) who has retired may apply to the Minister for a certificate under subsection   (2) that his or her retirement was due to permanent disability or infirmity and, upon receipt of that application, the Minister shall:

  (a)   if he or she is satisfied that the retirement of the Judge was due to permanent disability or infirmity--so certify under subsection   (2); or

  (b)   if he or she is not so satisfied--refuse so to certify.

  (2A)   Where a Papua New Guinea Judge, other than a Judge to whom subsection   (1) or (2) applies, retires and is not re - appointed as a Judge of the Supreme Court of Papua New Guinea, he or she is entitled:

  (a)   if the Minister certifies that he or she is satisfied that his or her services as such a Judge were no longer required--to a pension in accordance with subsection   6A(2) or 6B(2); and

  (b)   in any other case--to a pension in accordance with subsection   6A(3) or 6B(2).

  (2B)   Notwithstanding paragraph   (b) of subsection   (2A), where the Governor - General determines that, by reason of special circumstances, a retired Judge who would, but for this subsection, be entitled under subsection   (2A) to a pension in accordance with subsection   6A(3) or 6B(2) should receive a pension in accordance with subsection   6A(2) or 6B(2), the retired Judge is entitled to receive a pension accordingly.

  (2D)   Where:

  (a)   a Judge, whether by reason of the terms of his or her appointment or otherwise, is to cease to hold office as a Judge upon his or her attaining a particular age;

  (b)   he or she ceases to be a Judge upon his or her attaining that age;

  (c)   at the time of his or her so ceasing, he or she had served as a Judge for not less than 6 years; and

  (d)   he or she is not a person to whom subsection   (1), (2), (2A) or (2B) applies;

he or she is entitled to a pension in accordance with subsection   6A(4) or 6B(2).