At the time of Associate Judge A's retirement, the period that Associate Judge A served in the office of associate judge under subsection (2)(a) was 15 years and the proportion of service during that period was years 13∙4 (i.e. 8 × + 7). In the 10 year period immediately before 0∙8 Associate Judge A's retirement, the proportion of service was years (i.e. 3 × + 7). 9∙4 0∙8 The proportion of service under subsection (2)(a) is 0∙893 (i.e. ÷ 15) and under subsection (2)(b) is 13∙4 0∙94 (i.e. 10) and these are the relevant factors. 9∙4 ÷ Subsection (3) does not alter the relevant factor in this case. The highest proportion of service is which is the 0∙94, relevant factor. Associate Judge A will therefore receive of a full associate judge's pension. 94∙0% S. 17C 17C Election of associate judges to commute future (Heading) pensions for payment of superannuation amended by contributions surcharge No. 24/2008 s. 57(1). S. 17C inserted by No. 19/2001 s. 15. (1) An associate judge may elect in writing to the S. 17C(1) amended by Minister to have part of his or her future pension Nos 23/2008 s. 13(3), entitlement and that of his or her partner or 24/2008 eligible child, if any, under this Act commuted to s. 57(2)(a). provide a lump sum for the purposes of payment of the whole of the liability for the superannuation contributions surcharge arising because of the entitlement of the associate judge or his or her partner or eligible child to receive a pension under this Act. (2) An associate judge may by notice in writing to the S. 17C(2) amended by Minister revoke his or her election under No. 24/2008 s. 57(2)(b). subsection (1).
At the time of Associate Judge A's retirement, the period that Associate Judge A served in the office of 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. 17C (Heading) amended by No. 24/2008 s. 57(1). S. 17C inserted by No. 19/2001 s. 15. 17C Election of associate judges to commute future pensions for payment of superannuation contributions surcharge S. 17C(1) amended by Nos 23/2008 s. 13(3), 24/2008 s. 57(2)(a). (1) An associate judge may elect in writing to the Minister to have part of his or her future pension entitlement and that of his or her partner or eligible child, if any, under this Act commuted to provide a lump sum for the purposes of payment of the whole of the liability for the superannuation contributions surcharge arising because of the entitlement of the associate judge or his or her partner or eligible child to receive a pension under this Act. S. 17C(2) amended by No. 24/2008 s. 57(2)(b). (2) An associate judge may by notice in writing to the Minister revoke his or her election under subsection (1).
58-6230a165.docx