This note is not part of the regulations, but is intended to indicate their general effect.
These regulations prescribe the conditions on which contributory service under Part 2 or Part 2A or Part 3 or Part 3A of the Government Superannuation Fund Act 1956 may be treated as judicial service.
The regulations are based on, and replace, the Government Superannuation Fund (Transfer of Service) Regulations 1981. The new regulations are necessary following the insertion of new Parts into the Government Superannuation Fund Act 1956.
Regulation 3 provides that persons who commence judicial service may elect to have any previous contributory service treated as judicial service for the purposes of Part 5A of the Act. The contributory service must have continued to within 3 months of the appointment as Judge, Master, or Solicitor-General, as the case may be.
Regulation 4 relates to the effect of an election under the regulations. The previous contributory service in respect of which the election is made will be treated, for example, as judicial service for the purpose of determining—
The previous service will not, unless it is service as Solicitor-General, be counted as judicial service for the purpose of section 81F(3) of the Act (which relieves a Judge from paying contributions after completing 16 years' judicial service).
Regulation 5 provides that where any previous contributory service is to be counted as judicial service, it shall count for one-half only of the equivalent period of judicial service. This does not apply in respect of service as Solicitor-General, which will count for a full equivalent period of judicial service.
Regulation 6 provides that an election to have previous contributory service treated as judicial service must be made within 6 months after the appointment of the person, or before 1 January 1991, whichever is the later.
Regulation 7 requires the repayment of any contributions that have been refunded in respect of contributory service that is the subject of an election under these regulations. Interest is payable on the amount that was refunded and has become repayable at the rate of 14%.