Courts (Supplemental Provisions) Act, 1961

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SECOND SCHEDULE

Pensions of Judges of Courts Established by the Principal Act

Sections 6 , 19 and 31.

Part I

Pensions of Judges of Supreme Court and High Court

1. In this Part “service” means service as a judge of the Supreme Court, the High Court, the Circuit Court, the existing Supreme Court, the existing High Court or the existing Circuit Court.

2. (1) This paragraph applies to a judge of the Supreme Court or the High Court who—

(a) was appointed a judge of the existing Supreme Court or the existing High Court after the passing of the Act of 1953, or

(b) never held office as a judge of the existing Supreme Court or the existing High Court.

(2) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, having reached the age of sixty-five years, vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.

(3) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.

3. (1) This paragraph applies to a judge of the Supreme Court or the High Court who held office as a judge of the existing Supreme Court or the existing High Court on the passing of the Act of 1953.

(2) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.

(3) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards and less than fifteen years' service a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five.

Part II

Pensions of Judges of Circuit Court

4. In this Part “service” means service as a judge of the Circuit Court or the existing Circuit Court or as a justice of the District Court or the existing District Court.

5. (1) This paragraph applies to a judge of the Circuit Court who—

(a) was appointed a judge of the existing Circuit Court after the passing of the Act of 1953, or

(b) never held office as a judge of the existing Circuit Court.

(2) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, having reached the age of sixty-five years, vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.

(3) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.

6. (1) This paragraph applies to a judge of the Circuit Court who held office as a judge of the existing Circuit Court on the passing of the Act of 1953.

(2) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who vacates his office after fifteen years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.

(3) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards and less than fifteen years' service a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-twentieth of such remuneration for every completed year of service in excess of five.

Part III

Pensions of Justices of District Court

7. In this Part—

“justice”, where used without qualification, means a justice of the District Court;

“service”, in relation to a justice, means any service by him, being—

(a) service as a District Justice under the District Justices (Temporary Provisions) Act, 1923 ,

(b) service as a justice of the existing District Court,

(c) service as an additional justice, appointed under section 13 of the Courts of Justice Act, 1928 , of the existing District Court, or

(d) service as a justice;

“the Superannuation Acts” means the Superannuation Act, 1834 , as amended and extended by subsequent enactments, other than the Superannuation Act, 1956 .

8. (1) This paragraph applies to a justice who—

(a) was appointed a justice of the existing District Court on or after the passing of the Act of 1936, or

(b) never held office as a justice of the existing District Court.

(2) There shall be granted to a justice to whom this paragraph applies and who, having reached the age of sixty-five years, vacates his office after twenty years' service or upwards a pension for life of two-thirds of his remuneration at the time of such vacation of office.

(3) There shall be granted to a justice to whom this paragraph applies and who, owing to age or permanent infirmity, vacates his office after five years' service or upwards a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-thirtieth of such remuneration for every completed year of service in excess of five, subject to a maximum pension of two-thirds of such remuneration.

9. (1) This paragraph applies to a justice who held office as a justice of the existing District Court on the passing of the Act of 1936.

(2) Unless and until he makes the election provided for in subparagraph (3) of this paragraph, the following provisions shall apply to a justice to whom this paragraph applies, namely, his office shall be a pensionable office within the meaning of the Superannuation Acts, and the superannuation allowance, additional allowance or gratuity granted to or in respect of him on the vacation of his office shall be ascertained in the manner and subject to the conditions prescribed by those Acts, and a certificate by the Chief Justice shall be a sufficient certificate for the purposes of section 8 of the Superannuation Act, 1859 .

(3) A justice to whom this paragraph applies may, by notice in writing sent to the Minister for Finance at any time before he vacates his office, elect to accept the pension terms provided by this subparagraph, and in that case the following provisions shall apply to him—

(a) there shall be granted to him, if he vacates his office after thirty years' service or upwards, a pension for life of two-thirds of his remuneration at the time of such vacation of office;

(b) there shall be granted to him, if, owing to age or permanent infirmity, he vacates his office after ten years' service or upwards and less than thirty years' service, a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-fortieth of such remuneration for every completed year of service in excess of ten.

10. Where—

(a) a justice, having completed ten years' service or upwards, vacates his office with the consent of the Government, and

(b) such justice is not entitled under paragraphs 8 or 9 of this Schedule to a pension in respect of his service,

he shall be entitled to a pension for life of one-sixth of his remuneration at the time of such vacation of office with the addition of one-fortieth of such remuneration for every completed year of service in excess of ten, subject to a maximum pension of two-thirds of such remuneration.