Judicial Superannuation Determination 2004

Reprint
as at 24 December 2004

Crest

Judicial Superannuation Determination 2004

(SR 2004/459)


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.


Pursuant to section 12B(2) of the Remuneration Authority Act 1977, the Remuneration Authority, after consultation with the Government Actuary, makes the following determination (to which is appended an explanatory memorandum).

Determination

1 Title
  • This determination is the Judicial Superannuation Determination 2004.

2 Commencement
  • This determination comes into force on 1 January 2005.

3 Interpretation
  • (1) In this determination, unless the context otherwise requires,—

    judicial officer means a judicial officer specified in section 12B(1) of the Remuneration Authority Act 1977

    New GSF Scheme means the New Government Service Superannuation Scheme established under Part 2A of the Act

    registered scheme means any superannuation scheme that is registered under the Superannuation Schemes Act 1989 other than the New GSF Scheme

    year means a period of 12 months ending on 31 December.

    (2) For the purposes of this determination, the length of a period of service of a person as a judicial officer is computed as follows:

    • (a) a period of service that began or ended before 1 July in any year is treated as having begun or ended, as the case may be, at the beginning of that year:

    • (b) a period of service that began or ended on or after 1 July in any year is treated as having begun or ended, as the case may be, at the end of that year.

4 Judicial officers to whom this determination applies
  • This determination applies to the following judicial officers:

    • (a) those judicial officers who elect, under section 81OA of the Act, to cease to be a contributor under Part 5A of the Act; and

    • (b) those judicial officers first appointed or reappointed as judicial officers on or after 1 July 1992, and who are not entitled or required to contribute under Part 4 or Part 5 or Part 5A of the Act.

5 Maximum superannuation subsidy
  • (1) The maximum subsidy per year of contributions to a registered scheme by a judicial officer to whom this determination applies, inclusive of any income tax payable on that subsidy, is 30% of his or her salary.

    (2) However, if the judicial officer is also a contributor to the New GSF Scheme, then the maximum subsidy per year of contributions to the registered scheme, inclusive of any income tax payable on that subsidy, is 20% of his or her salary.

6 Ratio of superannuation subsidy to judicial officer’s contribution
  • (1) The contribution to a registered scheme that a judicial officer must make in order to qualify for a subsidy of contributions to that scheme must, when expressed as a ratio of the superannuation subsidy to the judicial officer’s contribution, be 7.5 to 1.

    (2) However, if the judicial officer is also a contributor to the New GSF Scheme, then for the purposes of subclause (1) the ratio is 20 to 1.

7 Limit on service for which superannuation subsidy payable
  • (1) This clause applies to a judicial officer who has contributed under Part 4 or Part 5 or Part 5A of the Act.

    (2) The maximum period of service as a judicial officer (whether continuous or in 2 or more separate periods) for which a subsidy of contributions to a registered scheme will be paid is 16 years less the period during which the judicial officer was a contributor under Part 4 or Part 5 or Part 5A of the Act.

8 Revocation
  • The Judicial Superannuation Determination (No 2) 2003 (SR 2003/395) is revoked.

Dated at Wellington this 15th day of December 2004.

B A Wakem,
Deputy Chairman.

David Oughton,
Member.


Explanatory memorandum

This memorandum is not part of the determination, but is intended to indicate its general effect.

This determination, which comes into force on 1 January 2005, is substantially the same as the Judicial Superannuation Determination (No 2) 2003. That determination provided for a maximum superannuation subsidy of 25% of the salary payable to a judicial officer who is not a member of the Government Superannuation Fund (the GSF), subject to a 6.25:1 ratio of subsidy to contribution.

This determination provides for a maximum superannuation subsidy of 30% of the salary payable to a judicial officer who is not a member of the GSF, subject to a 7.5:1 ratio of subsidy to contribution. The rationale for the increase is to achieve a more equitable position for judicial officers who are not members of the judicial GSF.

Judicial officers who were appointed before 1 July 1992 are eligible to remain members of the judicial superannuation scheme under the GSF. The Government Actuary has previously assessed that the inherent subsidy in the judicial superannuation scheme under the GSF during the 16 years of service that counts for benefits would be well in excess of 30% of salaries.

Last year, for judicial officers who were appointed after 1 July 1992, the available subsidy was increased to 25% of gross salary with effect from 1 January 2004. The Remuneration Authority noted then that there was an inequity between the 2 groups of judicial officers with respect to the value of their superannuation entitlements. As the Authority noted, this situation needed to be addressed because it was a significant element in the willingness of people approached to become part of the judiciary, to serve in that capacity. The Authority indicated at that time that a further adjustment would be considered in its review of judicial remuneration in 2004.


Issued under the authority of the Acts and Regulations Publication Act 1989 and section 12B(9) of the Remuneration Authority Act 1977.

Date of notification in Gazette: 23 December 2004.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Judicial Superannuation Determination 2004. The reprint incorporates all the amendments to the determination as at 24 December 2004, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/legislation/reprints.shtml or Part 8 of the Tables of Acts and Ordinances and Statutory Regulations, and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)