Solicitor-General Act 1983
An Act to provide for the appointment of the Solicitor-General and the performance and exercise by the Solicitor-General of certain functions and powers, and to provide for the conditions of service of the Solicitor-General and for related matters
[Royal Assent 29 June 1983]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Solicitor-General Act 1983 .
This Act shall commence on the day on which it receives the Royal Assent.
(1) [Section 3 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]In this Act, except in so far as the context or subject-matter otherwise indicates or requires –[Section 3 Subsection (1) amended by No. 91 of 1999, s. 69, Applied:15 Dec 1999] accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;age of retirement means the age of 65 years;barrister means a barrister within the meaning of the Legal Profession Act 1993 ;commencement day means the day on which this Act receives the royal assent;[Section 3 Subsection (1) amended by No. 91 of 1999, s. 69, Applied:15 Dec 1999] [Section 3 Subsection (1) amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000][Section 3 Subsection (1) amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;functions includes duties;Judges Pension Fund means the Fund established under section 9 of the Judges' Contributory Pensions Act 1968 ;practitioner means a legal practitioner within the meaning of the Legal Profession Act 1993 ;power includes an authority;[Section 3 Subsection (1) amended by No. 91 of 1999, s. 69, Applied:15 Dec 1999] RBF Board means the Retirement Benefits Fund Board continued in existence under section 7 of the Retirement Benefits Act 1993 ;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 44, Applied:14 May 1999][Section 3 Subsection (1) amended by No. 18 of 1999, s. 44, Applied:14 May 1999] regulations means regulations made and in force under this Act;[Section 3 Subsection (1) amended by No. 91 of 1999, s. 69, Applied:15 Dec 1999] Secretary means the Secretary of the Department;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 44, Applied:14 May 1999] surcharge liability means liability for tax or interest imposed under the law of the Commonwealth arising from an entitlement to a pension under Schedule 1 ;[Section 3 Subsection (1) amended by No. 91 of 1999, s. 69, Applied:15 Dec 1999] transfer day means the day specified in a notice under section 7(5) of the Public Sector Superannuation Reform Act 1999 ;[Section 3 Subsection (1) amended by No. 18 of 1999, s. 44, Applied:14 May 1999] widow of a deceased man includes a woman who, at the time of his death –although not legally married to him at that time;(a) was living with him; and(b) was generally recognised as his de facto wife –[Section 3 Subsection (1) amended by No. 18 of 1999, s. 44, Applied:14 May 1999] widower of a deceased woman includes a man who, at the time of her death –although not legally married to her at that time.(a) was living with her; and(b) was generally recognised as her de facto husband –(2) In this Act, a reference to the Solicitor-General is a reference to the holder (if any) of the office established by section 4 (1) and includes a reference to any barrister or practitioner appointed to act for the Solicitor-General during his illness or absence.
4. Office of Solicitor-General; appointment of Solicitor-General
(1) There is established by this Act the office of Solicitor-General of Tasmania.(2) Subject to this section, the Governor may appoint a person qualified by virtue of subsection (3) to hold the office of Solicitor-General.(3) A person is qualified for appointment under this section if but only if –(a) he is a barrister or practitioner of not less than 7 years' standing; or(b) a barrister or solicitor, or barrister and solicitor, of equivalent standing in the High Court of Australia or in the Supreme Court of a State other than Tasmania or of a Territory of Australia.(4) [Section 4 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 4 Subsection (4) amended by No. 29 of 1984, s. 3 and Sched. 1 ]Except as provided by subsection (5) , the State Service Act 2000 does not apply to or in relation to the office of Solicitor-General or to a person holding that office.(5) [Section 4 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 4 Subsection (5) amended by No. 29 of 1984, s. 3 and Sched. 1 ]If for any reason the person holding office as Solicitor-General is unable to perform the functions of that office or that office is for the time being vacant, the Governor may appoint a person (including a State Service officer or State Service employee) to act in that office until the Solicitor-General is able to resume his duties as such or, as the case may be, until the vacancy is filled.(6) The person holding the office of Solicitor-General under the Public Service Act 1973 immediately before the commencement day shall be deemed to have been appointed by the Governor under subsection (2) and on that day his service as an employee within the meaning of the Superannuation Act 1938 shall be deemed to be terminated for the purposes of that Act.
5. Terms and conditions of service of Solicitor-General
[Section 5 Subsection (1) amended by No. 45 of 1996, s. 5 ](1) [Section 5 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ]The Solicitor-General is entitled to be paid –(a) for the period 26 June 1995 to 30 September 1996, both days inclusive, a salary at the rate of 90% of the salary payable to a puisne judge of the Supreme Court of Tasmania for the same period; and(ab) after 30 September 1996, a salary equivalent to the salary payable to a puisne judge of the Supreme Court of Tasmania; and(b) [Section 5 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] such travelling and other allowances as the Governor from time to time determines in respect of him and, if there is for the time being no such determination, such travelling and other allowances as are applicable to a person who is a Head of a State Service Agency.(1A) [Section 5 Subsection (1A) inserted by No. 91 of 1999, s. 70, Applied:15 Dec 1999] Notwithstanding subsection (1) , the Solicitor-General may elect, in writing to the Secretary, within one month after –(a) the date of commencement of the Superannuation (Parliament, Judiciary and Statutory Legal Officers) Reform Act 1999 or the date of the Solicitor-General's appointment, whichever is the later; or(b) each succeeding period of 3 years after the relevant date applicable under paragraph (a) –that the salary determined in accordance with subsection (1)(ab) may be provided –(c) in part by the payment of salary to the Solicitor-General; and(d) in part by the payment of employer superannuation contributions to a complying superannuation scheme, which may include the accumulation scheme or an investment account established by the regulations under the Retirement Benefits Act 1993 .(1B) [Section 5 Subsection (1B) inserted by No. 91 of 1999, s. 70, Applied:15 Dec 1999] If the Solicitor-General elects to sacrifice some or all of his or her salary under subsection (1A) –(a) the election has effect from the date of the election or from a later date specified in the election for that purpose; and(b) the Solicitor-General is taken, for any purpose related to superannuation, to have received the salary determined in accordance with subsection (1)(ab) , notwithstanding the salary sacrifice.(2) [Section 5 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]A Solicitor-General is an employee for the purposes of the Long Service Leave (State Employees) Act 1994 .(3) [Section 5 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 5 Subsection (3) amended by No. 29 of 1984, s. 3 and Sched. 1 ]The terms and conditions of employment of a Solicitor-General (other than those to which subsections (1) and (2) relate) shall be such as the Governor from time to time determines in respect of him and, if there is for the time being no such determination, shall be those applicable to a State Service employee.(4) [Section 5 Subsection (4) inserted by No. 45 of 1996, s. 5 ]The Solicitor-General is a worker for the purposes of the Workers Rehabilitation and Compensation Act 1988 .(5) [Section 5 Subsection (5) inserted by No. 45 of 1996, s. 5 ]The Solicitor-General is entitled to be paid out of the Consolidated Fund.(6) [Section 5 Subsection (6) inserted by No. 45 of 1996, s. 5 ]Any allowance payable to the Solicitor-General under this Act is to be paid out of the Consolidated Fund.(7) [Section 5 Subsection (7) inserted by No. 45 of 1996, s. 5 ]The Consolidated Fund is appropriated to the extent necessary for the purposes of subsections (5) and (6) .
6. Vacation of office of Solicitor-General
(1) A person holding the office of Solicitor-General shall be deemed to have vacated that office –(a) on his attaining the age of retirement;(b) on his resignation from that office under subsection (2) ; or(c) on his removal from office in accordance with subsection (3) .(2) A person holding the office of Solicitor-General may at any time resign his office by notice in writing delivered to the Governor.(3) The Governor may remove from office a person holding the office of Solicitor-General if he receives from both Houses of Parliament resolutions requesting that the person be so removed and not otherwise.(4) Where the Governor is satisfied that a person holding the office of Solicitor-General –he may suspend that person from office as Solicitor-General.(a) except by reason of temporary illness, is, by reason of disability or infirmity, incapable of performing the functions of that office;(b) has become bankrupt, applied to take or has taken advantage of any law relating to bankruptcy or insolvent debtors, compounded with his creditors, or made an assignment of his remuneration or his estate for their benefit;(c) has been convicted in Tasmania of a crime or an offence that is punishable by imprisonment for a period of 12 months or more, or has been convicted of a crime or an offence which would, if committed in Tasmania, be a crime or an offence so punishable; or(d) has been guilty of misconduct in relation to the performance of his functions –(5) Where a person has been suspended from office in accordance with subsection (4) , he shall, by virtue of this subsection, be restored to that office unless –(a) a statement setting out the grounds for the suspension is laid before each House of Parliament during the first 7 sitting days of that House following the suspension; and(b) each House of Parliament, within 30 sitting days after that statement is so laid, passes a resolution requesting the Governor to remove that person from that office.(6) In subsection (4) , the reference to misconduct includes a reference to a contravention of section 10 .
7. Functions of Solicitor-General
A person holding the office of Solicitor-General has and shall exercise the following functions:(a) to act as counsel for the Crown in right of Tasmania or for any other person for whom the Attorney-General directs or requests him to act;(b) to perform such other duties ordinarily performed by counsel as the Attorney-General directs or requests him to perform; and(c) to perform such duties (if any) as are imposed on him by or under any other Act.
8. Delegation of functions, &c., by Attorney-General
(1) Subject to this section, the Attorney-General may, by instrument in writing, delegate to the Solicitor-General responsibility for the performance or exercise of such of the functions and powers (other than this power of delegation) which may be performed or exercised by the Attorney-General under the laws of Tasmania as may be specified in the instrument of delegation and may, by similar instrument, revoke any such delegation either wholly or in part.(2) Any function or power, the performance or exercise of which is delegated under subsection (1) , may, while the delegation remains unrevoked, be performed or exercised from time to time by the Solicitor-General in accordance with the terms of the delegation.(3) A delegation under subsection (1) may be made subject to such conditions or such limitations as to the performance or exercise of any of the specified functions or powers delegated or as to time or circumstance as may be specified in the instrument of delegation.(4) Notwithstanding any delegation under subsection (1) , the Attorney-General may continue to perform or exercise all or any of the functions or powers that are delegated.(5) Subsection (1) does not authorize the delegation of a function or power where another enactment provides or contemplates that the function or power may be delegated to the holder of an office other than that of Solicitor-General.(6) Any act or thing done by or to the Solicitor-General when acting in the exercise of a delegation under this section and within the terms of the delegation shall have the same effect as if the act or thing had been done by or to the Attorney-General.(7) Where any function or power is performed or exercised by the Solicitor-General in accordance with a delegation under this section, and its performance or exercise depends on the opinion, belief, or state of mind of the Attorney-General, that function or power may be performed or exercised by the Solicitor-General on his own opinion, belief, or state of mind.(8) No person shall be concerned to see or to inquire whether any act, matter, or thing done or performed by the Solicitor-General when purporting to act in accordance with a delegation under this section is or is not authorized by that delegation.
9. Pension rights of Solicitor-General appointed before 1 July 1999
[Section 9 Substituted by No. 91 of 1999, s. 71, Applied:15 Dec 1999] Schedule 1 has effect only in respect of a person appointed as Solicitor-General before 1 July 1999.
9A. Superannuation entitlements of Solicitor-General appointed after 1 July 1999
[Section 9A Inserted by No. 91 of 1999, s. 71, Applied:15 Dec 1999](1) This section applies –(a) in respect of a person appointed as Solicitor-General after 1 July 1999 who was not, immediately before his or her appointment, a contributor to the contributory scheme established by the regulations under the Retirement Benefits Act 1993 ; and(b) to a person who makes an election under section 12(3) of this Act.(2) Where a person is appointed as Solicitor-General after 1 July 1999 and before the transfer day –(a) he or she is not eligible to become a member of the contributory scheme provided by those regulations; and(b) subject to subsection (4) , he or she is to be a member of the non-contributory scheme provided by those regulations; and(c) references to an eligible employee in those regulations are to be read as including references to the Solicitor-General; and(d) the rate of contributions to be made in respect of the Solicitor-General is 9% of the salary determined in accordance with section 5(1)(ab) ; and(e) before the transfer day all such contributions are to be paid into a complying superannuation scheme nominated by the Solicitor-General in accordance with subsection (4) or, if no such nomination is made, into an investment account provided by the regulations under the Retirement Benefits Act 1993 .(3) Where a person is appointed as Solicitor-General on or after the transfer day –(a) he or she is not eligible to become a member of the contributory scheme provided by the regulations under the Retirement Benefits Act 1993 ; and(b) subject to subsection (4) , he or she is to be a member of the accumulation scheme; and(c) references to an employee in the Public Sector Superannuation Reform Act 1999 are to be read as including references to the Solicitor-General; and(d) the rate of contributions to be made in respect of the Solicitor-General is 9% of the salary determined in accordance with section 5(1)(ab) of this Act.(4) The Solicitor-General may elect, either before or after commencing the duties of that office, to become a member of a complying superannuation scheme that is not the non-contributory scheme referred to in subsection (2) or the accumulation scheme.(5) If the Solicitor-General has become a member of a complying superannuation scheme that is not the non-contributory scheme or the accumulation scheme, he or she may at any time elect to become a member of the accumulation scheme instead.(6) Where the Solicitor-General elects to become a member of a complying superannuation scheme that is not the non-contributory scheme referred to in subsection (2) or the accumulation scheme, the Secretary must, on being satisfied after making reasonable inquiries that the nominated scheme is a complying superannuation scheme, make contributions –(a) at the rate of 9% of the salary determined in accordance with section 5(1)(ab) ; and(b) in the manner required by the rules of that scheme and the requirements of the law of the Commonwealth.(7) An election under this section is to be made in writing to the Secretary.(8) [Section 9A Subsection (8) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] Where an election is made under subsection (4) , the Secretary is not required to pay superannuation contributions into a complying superannuation scheme if that scheme does not accept payment by electronic funds transfer.
9B. Voluntary contributions and spouse contributions
[Section 9B Inserted by No. 91 of 1999, s. 71, Applied:15 Dec 1999] The Solicitor-General may elect, in writing to the RBF Board, to make voluntary contributions or spouse contributions to the accumulation scheme or an investment account established by the regulations under the Retirement Benefits Act 1993 .
9C. Lump sum benefit may be taken as allocated pension
[Section 9C Inserted by No. 91 of 1999, s. 71, Applied:15 Dec 1999] Where the Solicitor-General, his widow or her widower is in receipt of a lump sum benefit, he or she may elect to transfer all or part of that benefit to the accumulation scheme or an allocated pension account established by the regulations under the Retirement Benefits Act 1993 .
10. Solicitor-General not to engage in private practice
(1) Subject to subsection (2) , a person holding the office of Solicitor-General shall not engage in the practice of his profession as a barrister or practitioner or in any other employment otherwise than in the course of performing the duties or exercising the powers of his office.(2) Subsection (1) does not preclude a person referred to in that subsection from –(a) holding an office that, by or under a law of Tasmania, is to be held by the holder of the office of Solicitor-General; or(b) holding an office or engaging in employment where he is expressly authorized by the Attorney-General in writing to do so.
(1) The Solicitor-General shall, within 3 months after the relevant day, prepare and submit to the Attorney-General a report with respect to the performance and exercise by him, and by any previous holder of the office of Solicitor-General, of the functions and powers of the holder of that office during the relevant period.(2) In subsection (1) –relevant day means –(a) the 30th June next but one after the commencement day; and(b) each subsequent 30th June;relevant period means–(a) the period beginning with the commencement day and ending with the 30th June next but one after that day; and(b) the period of 12 months ending on each subsequent 30th June.(3) The Attorney-General shall cause a copy of a report submitted to him under subsection (1) to be laid on the table of each House of Parliament within the first 10 sitting days after he receives the report.
12. Accruing and accrued rights of public servant, &c., who is appointed as Solicitor-General
(1) [Section 12 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II ]Subject to subsection (2) , where a person who is appointed as Solicitor-General was –a person to whom this section applies, he shall retain any rights accrued or accruing to him as such a person and shall be entitled to receive any long-service leave or payment in lieu of long-service leave as if he had continued to be such an officer or person, and his service as Solicitor-General shall be deemed to be service as such an officer or person for the purposes of any law by which those rights are, or that entitlement is, conferred or determined.(a) except in the case of a person referred to in paragraph (b) – immediately before his appointment under section 4 (2) ; or(b) in the case of a person to whom section 4 (6) applies – immediately before the commencement day –(2) Subsection (1) does not apply to or in relation to rights accrued or accruing under a superannuation scheme.(3) [Section 12 Subsection (3) substituted by No. 91 of 1999, s. 72, Applied:15 Dec 1999] Where a person to whom this section applies is appointed as Solicitor-General and was, immediately before his or her appointment, a contributor to the contributory scheme established by the regulations under the Retirement Benefits Act 1993 , that person remains a member of that scheme unless he or she elects, in writing to the Secretary within one month after his or her appointment, to be subject to section 9A of this Act.(4) [Section 12 Subsection (4) omitted by No. 91 of 1999, s. 72, Applied:15 Dec 1999] . . . . . . . .(5) [Section 12 Subsection (5) amended by No. 29 of 1984, s. 3 and Sched. 1 ]For the purposes of this section –a person to whom this section applies means a person who was at the relevant time –(a) [Section 12 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] a State Service officer or State Service employee;(b) an officer or employee of a State authority;(c) [Section 12 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] an officer who holds office under an Act other than this Act or the State Service Act 2000 ; or(d) a person in respect of whom provision is or was made by an Act that he retain any right accrued or accruing to him as an officer or employee or in any other official capacity;[Section 12 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] State authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which, the governing authority, wholly or partly, comprises a person or persons appointed by the Governor, a Minister, or another State authority, but does not include a Government department within the meaning of the State Service Act 2000 ;superannuation scheme means a scheme, fund, or arrangement which is established under an Act and under which any pension or retirement benefits is or are provided.
[Section 12A Inserted by No. 43 of 1986, s. 4 ](1) [Section 12A Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Subject to and in accordance with the State Service Act 2000 , such persons may be appointed or employed as may be necessary to enable the Solicitor-General to perform his functions under this Act.(2) [Section 12A Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]On being requested by the Solicitor-General to do so, the Secretary of the Department may –as may reasonably be necessary for the purposes of assisting the Solicitor-General in the performance of his functions.(a) [Section 12A Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] provide such State Service officers and State Service employees employed in the Department; or(b) procure the services of such other persons –
(1) The Governor may make regulations for the purposes of this Act.(2) Without limiting the generality of subsection (1) , regulations under that subsection may be made for or with respect to –(a) prescribing the conditions and requirements to be fulfilled before a person may become a contributor under Schedule 1 ;(b) providing for the making of supplementary contributions under Schedule 1 and prescribing the circumstances in which such contributions are required to be made; and(c) providing for the transfer to the Judges Pension Fund of contributions that may have been made under a superannuation scheme by a person appointed to be Solicitor-General under this Act.(3) Where any regulation under this section imposes any new or additional liability or obligation on a person appointed to the office of Solicitor-General, that regulation shall not apply to or in relation to any person appointed to that office before the date on which the regulation was made or the date on which the regulation took effect, whichever date is the later.(4) For the purposes of subsection (1) (c) ,superannuation scheme has the meaning assigned to that expression by section 12 (5) .
SCHEDULE 1 - Pension Rights, &c.
1. Contributions[Schedule 1 Clause 1 amended by No. 2 of 1988, s. 4 ](1) A person holding the office of Solicitor-General may, within 1 month after being appointed to that office, elect to become a contributor for the purposes of this Schedule, and, where he so elects and complies with such conditions and requirements (if any) as may be prescribed in the regulations, he shall thereafter pay contributions of amounts equal to 5 per cent of his salary and, where so prescribed, such supplementary contributions of such amounts (if any) as may be prescribed in, or determined in accordance with, the regulations.(2) Contributions to be paid under subsection ( 1 ) shall be paid to the Treasurer in such manner and at such times as the Treasurer determines.(3) Contributions paid under this clause and sums paid under clause 7 (2) shall be credited to the Judges Pension Fund.
2. Pension to Solicitor-General, &c., on retirement[Schedule 1 Clause 2 amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II ](1) Where a person holding the office of Solicitor-General has paid contributions (including any supplementary contributions) in accordance with clause 1 , he becomes entitled to the pension referred to in subclause (2) –(a) on vacating office as referred to in section 6 (1) (a) after having served as Solicitor-General for not less than 10 years;(b) on resigning his office before reaching the age of retirement after having served as Solicitor-General for not less than 15 years; or(c) on resigning his office before reaching the age of retirement or being removed from office under section 6 (3) after having served as Solicitor-General for a period less than 15 years where the Minister certifies in writing that the resignation or removal was due to disability or infirmity.(2) The pension to which a person becomes entitled under subsection (1) is a pension at the rate of one-half of the salary for the time being payable to a puisne judge.(3) In subclause (1) , a reference to a person having served as Solicitor-General includes a reference to having served as Solicitor-General before the commencement day and also includes a reference to any other service that is deemed by the regulations to be service as Solicitor-General for the purposes of this Schedule.
3. Pension payable to widow or widower(1) [Schedule 1 Amended by No. 18 of 1999, s. 45, Applied:14 May 1999] When a person holding the office of Solicitor-General dies after having paid contributions (including any supplementary contributions) in accordance with clause 1 , his widow or her widower (if any) becomes entitled to the pension referred to in subclause (3) .(2) [Schedule 1 Amended by No. 18 of 1999, s. 45, Applied:14 May 1999] Where a person who has become entitled to a pension under clause 2 dies –becomes entitled to the pension referred to in subclause (3) .(a) his widow, if he was married to her at the time when he became so entitled; or(b) her widower, if she was married to him at the time when she became so entitled –(2A) [Schedule 1 Amended by No. 18 of 1999, s. 45, Applied:14 May 1999] Subclause (2) does not apply to a person's widow or widower if –(a) the widow or widower married the deceased person after the date on which she or he became entitled to a pension under clause 2 ; or(b) in the case of a de facto husband or wife, the de facto relationship commenced after that date.(3) [Schedule 1 Amended by No. 18 of 1999, s. 45, Applied:14 May 1999] The pension to which a widow or widower becomes entitled under subclause (1) or (2) is a pension at the rate of one-third of the salary referred to in clause 2 (2) .
4. Calculation of rates of pension(1) Where under this Schedule a person becomes entitled to a pension at the rate of a specified proportion of the salary of a puisne judge, the Treasurer shall pay to that person a pension at a rate that is equivalent to that proportion of what is for the time being the rate of that salary.(2) A pension referred to in subclause (1) accrues from day to day and is payable monthly or in such other manner as the Treasurer, with the agreement of the person concerned, may determine.(3) [Schedule 1 Amended by No. 18 of 1999, s. 45, Applied:14 May 1999] A pension payable under this Schedule is to be reduced to take account of any commutation of the pension under clause 8 or 9 .
5. Return of contributions[Schedule 1 Clause 5 amended by No. 2 of 1988, s. 4 ](1) Where a person who vacates the office of Solicitor-General (otherwise than on becoming a judge) does not become entitled to a pension under this Act, the Treasurer shall pay to him a sum equivalent to the amount of the contributions (including any supplementary contributions) paid by him under this Schedule.(2) Where a person dies while holding the office of Solicitor-General and no person becomes entitled on his death to a pension under clause 3 , the Treasurer shall pay to his legal personal representatives a sum equivalent to the amount of the contributions (including any supplementary contributions) paid by the first-mentioned person under this Schedule.
6. Pensions, &c., to be charge on Consolidated Fund[Schedule 1 Clause 6 amended by No. 2 of 1988, s. 4 ]A pension or sum required to be paid under this Schedule by the Treasurer is a charge on the Consolidated Fund and shall be so paid without further appropriation than this clause.
7. Effect on pension rights of appointment of Solicitor-General as judge[Schedule 1 Clause 7 amended by No. 2 of 1988, s. 4 ](1) If a person who holds or has held office as Solicitor-General becomes a judge –(a) subject to subclause (2) , the period during which he held office as Solicitor-General shall, for the purposes of section 5 of the Judges' Contributory Pensions Act 1968 , be added to, and be deemed part of, his period of service as a judge; and(b) if, at any time when he becomes a judge he is in receipt of a pension under this Schedule by virtue of this Act, that pension ceases to be payable, but if at any such time he is not so in receipt of a pension under this Schedule, a pension does not become payable to him or his widow by virtue of the operation of this Schedule.(2) Paragraph (a) of subclause (1) does not apply to a person who, having held office as Solicitor-General, has, after the commencement of the Solicitor-General Amendment Act 1988 , received a payment under clause 5 (1) and has not, within 1 month of becoming a judge, paid to the Treasurer a sum equal to the payment so received.
7A. Commutation of pension to lump sum by Solicitor-General or his widow[Schedule 1 Amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Schedule 1 Amended by No. 91 of 1999, s. 73, Applied:15 Dec 1999] The application of sections 10A, 10B, 10C and 10D of the Judges' Contributory Pensions Act 1968 extends to the commutation of a pension payable under this Act by the Solicitor-General or, if he predeceases his spouse, his widow, as if references in those sections to a person to whom that Act applies were read as references to the Solicitor-General.
8. Commutation of pension to lump sum to pay surcharge liability[Schedule 1 Amended by No. 18 of 1999, s. 45, Applied:14 May 1999](1) Where a person ceases to hold office as Solicitor-General, he or she may, by notice in writing to the Minister, elect to commute sufficient of his or her pension to a lump sum payment in order to discharge his or her surcharge liability.(2) On receipt of the notice, the Minister must commute sufficient of the person's pension entitlement to a lump sum payment and pay it to that person to enable him or her to discharge his or her surcharge liability.(3) The Minister must determine the lump sum in accordance with the appropriate age, marital and gender factors specified for a pension determined in accordance with the Retirement Benefits Act 1993 .
9. Death of Solicitor-General with surcharge liability[Schedule 1 Amended by No. 18 of 1999, s. 45, Applied:14 May 1999] If a person holding office as Solicitor-General dies with an outstanding surcharge liability, his widow or her widower may elect to commute her or his pension entitlement to a lump sum payment in order to discharge any surcharge liability, in which case clause 8 applies to that election as if it were an election under that clause.
10. Increases in annual pension[Schedule 1 Amended by No. 91 of 1999, s. 73, Applied:15 Dec 1999] [Schedule 1 Amended by No. 18 of 1999, s. 45, Applied:14 May 1999] If a part of a pension payable under this Schedule is commuted, any future increase in the annual pension entitlement as the result of an increase in the current Solicitor-General's salary is to be calculated in accordance with the following formula:where –P is the new pension payable to a person in receipt of a pension payable under this Act;RP is the pension payable to a person in receipt of a pension payable under this Act immediately before the increase;A is the salary being paid to the current Solicitor-General;B is the salary paid to the current Solicitor-General immediately before the increase.
