Western Australian Current Acts Western Australian Current Acts (1) A judge who
becomes entitled to a lump sum benefit under section 17 and is liable to pay a
surcharge as a result of becoming entitled to that benefit may —
(a)
convert all or part of the benefit into a commutable pension; and
(b)
fully commute that pension.
(2) A judge wanting to
convert a benefit under subsection (1) is to give to the Minister a notice to
that effect, setting out the amount that the judge wants to be paid in the
form of the commuted pension (the requested amount ), which cannot be more
than the surcharge.
(3) On receipt by the
Minister of a notice under subsection (2) —
(a) the
benefit to which the judge is entitled under section 17 is reduced by the
amount of the requested amount;
(b) the
judge becomes entitled to a pension of an amount calculated to be actuarially
equivalent to a lump sum benefit of the requested amount; and
(c) that
pension is commuted into, and the judge becomes entitled to, a lump sum of the
amount of the requested amount.
(4) In this section
—
surcharge has the same meaning as in section 16.
[Section 18 inserted: No. 65 of 2003 s. 104.]