Judicial Officers Superannuation Amendment Determination (No 2) 2020

2020/116

Coat of Arms of New Zealand

Judicial Officers Superannuation Amendment Determination (No 2) 2020

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

Determination

1 Title

This determination is the Judicial Officers Superannuation Amendment Determination (No 2) 2020.

2 Commencement

This determination is deemed to have come into force on 1 January 2020.

3 Principal determination

This determination amends the Judicial Officers Superannuation Determination 2019 (the principal determination).

4 Clause 2 amended (Commencement)

In clause 2(2), after “5(1)(a)” insert “and (ab), (2)(b)(iii) and (iv), and (3)”.

5 Clause 3 amended (Interpretation)

In clause 3(1), insert in their appropriate alphabetical order:

appointed Judge of the Court Martial Appeal Court means a Judge of the Court Martial Appeal Court appointed under section 3(1)(b) of the Court Martial Appeals Act 1953

Judge of the Court Martial includes a Deputy Chief Judge but does not include the Chief Judge of that court

6 Clause 5 amended (Maximum subsidy on annual superannuation contribution)

(1)

After clause 5(1)(a), insert:

(ab)

in the case of the Chief Judge or any other Judge of the Court Martial (other than a Judge of the Court Martial who is a District Court Judge), 37.5% of the gross salary actually paid to the Judge in that year; and

(2)

After clause 5(2)(b)(ii), insert:

(iii)

an appointed Judge of the Court Martial Appeal Court (other than a Judge who is also a District Court Judge); and

(iv)

the Chief Judge or any other Judge of the Court Martial if the Judge—

(i)

acts on a part-time basis; or

(ii)

is a current contributor to the new GSF scheme.

(3)

After clause 5(2), insert:

(3)

In this clause, the Chief Judge or any other Judge of the Court Martial is presumed to act on a part-time basis unless the Judge performs the functions of the Judge’s office for 226 or more full working days in a calendar year.

Dated at Wellington this 9th day of June 2020.

Fran Wilde,
Chairperson.

Geoff Summers,
Member.

Len Cook,
Member.

Explanatory memorandum

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

This determination, which is deemed to have come into force on 1 January 2020, amends the Judicial Officers Superannuation Determination 2019 (the principal determination).

Because the superannuation subsidy for the Chief Judge and a Judge of the Court Martial is the same as the subsidy determined for all other judicial officers, the Remuneration Authority has decided to include the superannuation entitlements for the Chief Judge and a Judge of the Court Martial in the principal determination, which covers all other judicial officers whose superannuation entitlements are determined by the Authority.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 11 June 2020.