Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) On:
(a) the retirement of a Justice after having completed at least 10 years' service as a Justice; or
(b) the death of a Justice, whether or not he or she has completed 10 years' service as a Justice;
an amount calculated in accordance with subsection ( 2) is payable in accordance with this Act.
(2) The amount payable under subsection ( 1) in respect of a Justice is an amount equal to the judicial salary of the Justice for:
(a) a period of 52 weeks; or
(b) a period of weeks calculated at the rate of 5.2 weeks for each completed year of the Justice's qualifying service;
whichever is the lesser period.
(2A) Where:
(a) a Justice (not being a Justice to whom subsection ( 1) applies) is to cease to hold office as a Justice upon attaining a particular age, and the Justice ceases to be a Justice upon attaining that age; and
(b) at the time of the Justice's so ceasing, the period of his or her service as a Justice was not less than 6 years;
an amount calculated in accordance with subsection ( 2C) is payable in accordance with this Act.
(2B) Where:
(a) a Justice (not being a Justice to whom subsection ( 1) applies) retires; and
(b) the Attorney - General certifies under section 6 of the Judges' Pensions Act 1968 that the retirement is due to permanent disability or infirmity;
an amount calculated in accordance with subsection ( 2C) is payable in accordance with this Act.
(2C) The amount payable under subsection ( 2A) or (2B) in respect of a Justice is an amount equal to the judicial salary of the Justice for a period of weeks calculated at the rate of 5.2 weeks for each completed year of the Justice's qualifying service.
(3) In this section:
"qualifying service" , in relation to a Justice, means the period of his or her service as a Justice, other than any period of such service in respect of which the Justice has taken long leave or has been paid in lieu of such leave.
"service as a Justice" , in relation to a Justice, means the period that is to be regarded, in relation to the Justice, as service as a Judge for the purposes of section 6 of the Judges' Pensions Act 1968 .