South Australia
Judges' Pensions Regulations 2018
under the Judges' Pensions Act 1971

Contents
1	Short title
2	Commencement
3	Interpretation
4	Right of non-member spouse or legal representative to apply for commutation (section 17H of Act)
5	Commutation factors for non-member spouse and legal representative
6	Associate pension (section 17H of Act)
7	Procedure for payment of lump sum to non-member spouse (section 17I of Act)
8	Procedure for payment of pension to non-member spouse (section 17I of Act)
Schedule 1—Factors for determination of associate pension
Schedule 2—Revocation of Judges' Pensions Regulations 2003
Legislative history

1—Short title
These regulations may be cited as the Judges' Pensions Regulations 2018.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Interpretation
In these regulations, unless the contrary intention appears—
Act means the Judges' Pensions Act 1971.
4—Right of non-member spouse or legal representative to apply for commutation (section 17H of Act)
	(1)	For the purposes of section 17H(2)(b) of the Act, a non-member spouse who is entitled to have the whole of their share in an entitlement commuted to a lump sum must make the election in accordance with that section within 3 months of the operative time.
	(2)	For the purposes of section 17H(5) of the Act, if a non-member spouse dies while entitled to, or in receipt of, a pension under that section (other than an associate pension), an election by the non-member spouse's legal representative for the pension to be commuted to a lump sum must be made within 6 months of the non-member spouse's death.
5—Commutation factors for non-member spouse and legal representative
The following table sets out commutation factors for—
	(a)	a non-member spouse who elects under section 17H(2)(b) of the Act to have their share of an entitlement commuted to a lump sum; and
	(b)	the legal representative of a deceased non-member spouse who elects under section 17H(5) of the Act to have a pension that the non-member spouse was receiving, or was entitled to receive, commuted to a lump sum:

Age of member spouse at time of commutation	Amount of lump sum for each dollar of annual pension commuted	
60 or under	$10.00	
60-61	$10.00-$9.90	
61-62	$9.90-$9.80	
62-63	$9.80-$9.70	
63-64	$9.70-$9.60	
64-65	$9.60-$9.50	
65-66	$9.50-$9.30	
66-67	$9.30-$9.10	
67-68	$9.10-$8.80	
68-69	$8.80-$8.50	
69-70	$8.50-$8.20	
70-71	$8.20-$7.90	
71-72	$7.90-$7.60	
72-73	$7.60-$7.30	
73-74	$7.30-$7.00	
74-75	$7.00-$6.70	
75-76	$6.70-$6.42	
76-77	$6.42-$6.14	
77-78	$6.14-$5.86	
78-79	$5.86-$5.58	
79-80	$5.58-$5.30	
80-81	$5.30-$5.02	
81-82	$5.02-$4.74	
82-83	$4.74-$4.46	
83-84	$4.46-$4.18	
84-85	$4.18-$3.90	
85-86	$3.90-$3.68	
86-87	$3.68-$3.46	
87-88	$3.46-$3.24	
88-89	$3.24-$3.02	
89-90	$3.02-$2.80	
90-91	$2.80-$2.66	
91-92	$2.66-$2.52	
92-93	$2.52-$2.38	
93-94	$2.38-$2.24	
94-95	$2.24-$2.10	
95-96	$2.10-$1.68	
96-97	$1.68-$1.26	
97-98	$1.26-$0.84	
98-99	$0.84-$0.42	
99-100	$0.42-$0.00	
6—Associate pension (section 17H of Act)
	(1)	For the purposes of section 17H(2)(a)(ii) of the Act, notice of an election by a non-member spouse to have the whole of their share of an entitlement converted to, and taken as, an associate pension must be given in writing within 3 months of the date on which notification of the non-member spouse's right to make the election is given by the Treasurer.
	(2)	For the purposes of section 17H(3) of the Act, the amount of an associate pension will be determined by applying the following method:

Where:
AP is the amount of the associate pension payable for the life of the non-member spouse
P is the amount of the non-member spouse's share of the pension determined under section 17H(1) of the Act
Mx+m is the conversion factor relating to the member spouse at age x completed years and m completed months and is derived by interpolating between age x and x+1 the factors from the table in Schedule 1 for the relevant type of pension interest and gender of the member spouse
Ny+n is the conversion factor relating to the non-member spouse at age y completed years and n completed months and is derived by interpolating between age y and y+1 the factors from the table in Schedule 1 for the relevant type of pension interest and gender of the non-member spouse.
7—Procedure for payment of lump sum to non-member spouse (section 17I of Act)
	(1)	For the purposes of section 17I(3) of the Act, notice given by the Treasurer to a non-member spouse of the non-member spouse's right to make an election in respect of an interest must—
	(a)	be in writing; and
	(b)	advise the non-member spouse of—
	(i)	the option to make an election and the consequences of a failure to do so within 28 days; and
	(ii)	the value of the interest; and
	(iii)	the basis of any adjustments that have been, or will be, applied to the interest; and
	(c)	notify the non-member spouse that the interest cannot be retained in the scheme.
	(2)	If a non-member spouse interest is rolled over to the credit of the non-member spouse in the Southern State Superannuation Fund because an election has not been made, the Treasurer must, within 14 days of the interest being rolled over—
	(a)	advise the non-member spouse that the interest has been rolled over to the Southern State Superannuation Fund; and
	(b)	provide the non-member spouse with a membership identification number and any other information that, according to a determination of the Treasurer, may be of assistance to the non-member spouse.
8—Procedure for payment of pension to non-member spouse (section 17I of Act)
For the purposes of section 17I(4) of the Act, if the interest of a non-member spouse following service of a splitting instrument is a pension, and the non-member spouse has not directed that the pension be commuted to a lump sum, the following provisions apply:
	(a)	the Treasurer must—
	(i)	split the relevant pension within 14 days of receipt of the splitting instrument; and
	(ii)	advise the non-member spouse of the value of the interest and the basis of any adjustments that have been, or will be, applied to the interest;
	(b)	the non-member spouse must, before the Treasurer can commence payment of the pension—
	(i)	advise the Treasurer of their name, address, date of birth and bank account details; and
	(ii)	provide any other relevant information at the request of the Treasurer (including documents verifying the non-member spouse's personal details).

Schedule 1—Factors for determination of associate pension

Schedule 2—Revocation of Judges' Pensions Regulations 2003
The Judges' Pensions Regulations 2003 are revoked.

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations
Year	No	Reference	Commencement	
2018	197	Gazette 2.8.2018 p3023 	2.8.2018: r 2