This determination remedies an anomaly applicable to the present Solicitor-General who took up office in 1989 and was thereupon required by the provisions of Part 5A of the Government Superannuation Fund Act 1956 to contribute to the Judges Superannuation Account as if a Judge.
Part 5A requires, in most circumstances, at least 10 years' judicial service before any entitlement to a retirement allowance can arise.
The anomaly is that, while the Judges have security of tenure as is constitutionally imperative, the Solicitor-General holds office at pleasure.
The remedy consists in making available to the present Solicitor-General an election which has been long been available generally to members of the Fund in Government service contributing under Part 2 or Part 2A of the Government Superannuation Fund Act 1956. Such a member who retires, voluntarily or otherwise, before becoming entitled to a retiring allowance may elect to continue as a contributor for up to 3 months and, with the consent of the Superintendent of the Fund, for a longer period. In respect, however, of the period of deemed contributory service which ensues, the member must pay not only his or her own contributions but also the balance of the total amount payable (as certified by the Government Actuary) to provide the total cost of the benefits to which the member may become entitled.
The scheme established by Part 5A of the Government Superannuation Fund Act 1956 was closed to new members on 30 June 1992, and the anomaly which this determination seeks to redress cannot recur.