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Judges' Scheme
 
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Background

Superannuation arrangements for judges appointed before 1 July 1999 are specified in the Judges' Contributory Pensions Act 1968 (Judges' Act). There is no “Judges' Superannuation Fund” as such. Rather, the member contributions (at the rate of five per cent of salary) are deposited in, and all benefits are met from, the Consolidated Fund. The Judges' Act provides that the Judges' Trust Account maintained within the Special Deposits and Trust Fund is used for this purpose.

The judges' scheme is a defined benefit scheme that was closed to new entrants with effect from 1 July 1999.

For the purposes of this section, a reference to the judges’ scheme includes the entitlements of the Solicitor-General as the Solicitor-General Act 1983 provides entitlements similar to those that apply to judges.

Trustee

As there is no superannuation fund as such, the judges’ scheme does not have a trustee. The scheme is administered by the Department of Treasury and Finance on behalf of the Treasurer.

Scheme Design

The judges’ scheme provides for a pension, equal to 50 per cent of the judges’ salary, following:

  • retirement after 15 years’ service;
  • retirement on the grounds of ill-health; or
  • attainment of the statutory retirement age of 70 years (65 years in the case of the Solicitor-General).
As a result of amendments made to the Judges’ Act in 1999, judges retiring on or after 1 July 2003 are now able to commute their entire pension to a lump sum benefit.

The judges’ scheme provides for a reversionary pension to be payable to the widow of a judge who dies whilst in office or to the widow of a retired judge. This pension is two-thirds of the pension payable to the primary pensioner. A reversionary pension may also be converted to a lump sum payment.

Pensions payable under the judges’ scheme are indexed once a year in accordance with movements in Tasmanian judicial salaries. Tasmanian judicial salaries, which are adjusted with effect from 1 July each year, are based on the salary of the Chief Justice of Tasmania, which is determined by the Auditor-General as the average of the salary of the Chief Justice of South Australia and the salary of the Chief Justice of Western Australia as at 31 May of the year in question.

Membership

Membership of the judges’ scheme including, where appropriate, the Solicitor-General, the Director of Public Prosecutions and the Master of the Supreme Court, is shown in Table 15. Judges and statutory legal officers appointed after 1 July 1999 are not members of the judges’ scheme and are therefore not included in this table.

Table 15 Membership of the judges’ scheme

Members
Primary Pensioners
Reversionary Pensioners
Total
Percentage change from previous review
30 June 1995
9
3
4
16
30 June 1998
9
3
6
18
12.5
30 June 1999
9
3
6
18
30 June 2000
6
6
6
18
30 June 2001
6
6
6
18
30 June 2002
6
6
6
18
30 June 2003
6
6
5
17
(5.5)

Funding

As the contributions made by judges are paid into the Consolidated Fund, the judges' scheme is classed as an unfunded scheme, with the entire benefit being met by the Treasurer on an emerging cost basis.

Liabilities

The liabilities of the judges’ scheme are outlined in Table 16. There were no actuarial reviews of the judges’ scheme for the years ended 30 June 1996 and 30 June 1997.

Table 16 Liabilities of the judges’ scheme

Gross Liability
Fund Assets
Net Unfunded Liability
Percentage change from previous review
$m
$m
$m
30 June 1995 1
10
10
n.a.
30 June 1998 2
18
18
75.4
30 June 1999
19
19
6.4
30 June 2000
21
21
10.9
30 June 2001 2
20
20
(4.4)
30 June 2002
21
21
3.6

Notes:

n.anot applicable, as there were no actuarial reports prepared before 30 June 1995.
1First actuarial report undertaken on the judges’ scheme.
2Some of the assumptions used by the relevant State Actuary to prepare this report varied from those used in the preceding reports. For that reason, care should be taken in comparing these figures.

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