Victorian Current Acts Victorian Current Acts(1) If an Associate Judge has served under a part-time service arrangement, his or her pension under section 104A, and any pension payable in relation to the Associate Judge's partner or eligible children under that section, is reduced by multiplying the amount of the pension by the relevant factor determined under subsection (2) or (3).
(2) Subject to subsection (3), the factor for the purposes of subsection (1) is the highest of—
(a) the proportion of service that occurs during the period when the Associate Judge served in the office of Associate Judge;
(b) if the Associate Judge is eligible for a pension under section 104A(1)(a) , the proportion of service that occurs within the 10 year period immediately before the Associate Judge's retirement or resignation;
(c) if the Associate Judge is eligible for a pension under section 104A(1)(aa) , the proportion of service that occurs in the periods in office that—
(i) involve the highest proportion of full‑time duties; and
(ii) cumulatively total 20 years.
(3) If an Associate Judge continues service in office beyond the date on which he or she would qualify for a pension and a higher factor would have been calculated under subsection (2) if the Associate Judge's period of office had ended on a date between that date of qualification and the date the Associate Judge actually resigns or retires, that higher factor is the factor by which the pension must be multiplied under subsection (1).
(4) In this section—
"judicial service" means the sum of—
(a) all part-time service performed by the Associate Judge calculated by reference to the proportion of full-time duties specified by each part-time service arrangement; and
(b) all full-time service performed by the Associate Judge;
"proportion of service" means the judicial service during the relevant period divided by the relevant period.
Example
Associate Judge A is appointed at the age of 55 and retires after 15 years at the age of 70. Associate Judge A serves a combination of full-time and part-time service as follows—
(a) first 8 years as an Associate Judge is part-time service at 0∙8 of full-time service;
(b) next 7 years as an Associate Judge is full-time service.
At the time of Associate Judge A's retirement, the period that Associate Judge A served as an Associate Judge under subsection (2)(a) was 15 years and the proportion of service during that period was 13∙4 years (i.e. 8 × 0∙8 + 7). In the 10 year period immediately before Associate Judge A's retirement, the proportion of service was 9∙4 years (i.e. 3 × 0∙8 + 7).
The proportion of service under subsection (2)(a) is 0∙893 (i.e. 13∙4 ÷ 15) and under subsection (2)(b) is 0∙94 (i.e. 9∙4 ÷ 10) and these are the relevant factors. Subsection (3) does not alter the relevant factor in this case.
The highest proportion of service is 0∙94, which is the relevant factor. Associate Judge A will therefore receive 94∙0% of a full Associate Judge's pension.
S. 104B (Heading) amended by No. 24/2008 s. 30(1).
S. 104B inserted by No. 19/2001 s. 21.