Senior Courts Act 2016

Senior court Judges - Salaries and allowances

138: Superannuation of acting Judges

You could also call this:

"What happens to superannuation for acting Judges"

Illustration for Senior Courts Act 2016

If you are appointed as an acting Judge or acting Associate Judge under certain sections, such as section 111, 112, 113(2)(a), or 114(2)(b), you will not get a superannuation subsidy. You will not get this subsidy because these sections are about retired Judges and Judges who have resigned from office. This rule helps decide who gets a superannuation subsidy. If you are appointed as an acting Judge or acting Associate Judge under different sections, such as section 110, 113(2)(b), or 114(2)(a), your superannuation subsidy will be based on your permanent job. These sections are about serving Judges. Your superannuation subsidy will not be higher than what you would normally get. There is an exception to the first rule, which is about compulsory employer contributions as defined in section 101A of the KiwiSaver Act 2006. This exception means that even if you are appointed as an acting Judge or acting Associate Judge under certain sections, you may still get a compulsory employer contribution. This is a special kind of contribution that your employer must make.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6925905.

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137: Salaries and allowances of acting Judges, or

"Pay for acting Judges in New Zealand courts"


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Part 5Senior court Judges
Salaries and allowances

138Superannuation of acting Judges

  1. A superannuation subsidy must not be paid to a person who is appointed as an acting Judge or acting Associate Judge under section 111, 112, 113(2)(a), or 114(2)(b) (which relate to retired Judges and Judges who have resigned from office).

  2. A person who is appointed as an acting Judge or acting Associate Judge under section 110, 113(2)(b), or 114(2)(a) (which relate to serving Judges) must not be paid a superannuation subsidy at a rate that is higher than the rate that would have been payable calculated only on the basis of the person’s permanent appointment.

  3. Subsection (1) does not apply to a compulsory employer contribution within the meaning of section 101A of the KiwiSaver Act 2006.

Notes
  • Section 138(1): amended, on , by section 123(1) of the Statutes Amendment Act 2022 (2022 No 75).
  • Section 138(2): amended, on , by section 123(2) of the Statutes Amendment Act 2022 (2022 No 75).