calculated under subsection (2) if the Judge's period of office had ended on a date between that date of qualification and the date the 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— means the sum of— judicial service (a) all part-time service performed by a Judge of the Court calculated by reference to the proportion of fulltime duties specified by each part-time service arrangement; and (b) all full-time service performed by the Judge; means the judicial service proportion of service during the relevant period divided by the relevant period. Example Judge A is appointed at the age of 55 and retires after 15 years at the age of 70. Judge A serves a combination of full-time and part-time service as follows— (a) first 8 years as a Judge is part-time service at of full-time 0∙8 service; (b) next 7 years as a Judge is full-time service. At the time of Judge A's retirement, the period that Judge A served in the office of 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 Judge A's retirement, the proportion of service was years 9∙4 (i.e. 3 × + 7). 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.
calculated under subsection (2) if the Judge's period of office had ended on a date between that date of qualification and the date the 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 a Judge of the Court calculated by reference to the proportion of fulltime duties specified by each part-time service arrangement; and (b) all full-time service performed by the Judge; proportion of service means the judicial service during the relevant period divided by the relevant period. Example Judge A is appointed at the age of 55 and retires after 15 years at the age of 70. Judge A serves a combination of full-time and part-time service as follows— (a) first 8 years as a Judge is part-time service at 0∙8 of full-time service; (b) next 7 years as a Judge is full-time service. At the time of Judge A's retirement, the period that Judge A served in the office of 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 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.
75-8750a210.docx