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20 1947

COURTS OF JUSTICE ACT, 1947

PART V.

Pensions of Justices of the District Court.

Pensions of certain Justices of the District Court.

18. —(1) The following provisions shall, subject to subsection (3) of this section, apply to every existing 1936 Justice:—

(a) unless and until he makes the election provided for in paragraph (b) of this subsection, subsection (1) or (2) (as the case may be) of section 48 of the Act of 1936 shall not apply to him and, in lieu thereof, section 75 (repealed by the Act of 1936) of the Principal Act shall apply to him, as if it had not been repealed and as if section 48 of the Act of 1936 had not been enacted,

(b) he may, by notice in writing sent to the Minister for Finance at any time before he ceases to hold office, elect to accept the pension terms provided by subsection (1) or (2) (as the case may be) of section 48 of the Act of 1936 and, in that case, the said subsection (1) or (2) shall apply to him.

(2) Subsection (5) of section 48 of the Act of 1936 shall apply to any pension granted, by virtue of paragraph (a) of subsection (1) of this section, under section 75 of the Principal Act.

(3) Any existing 1936 Justice, who made the election mentioned in subsection (3) of section 48 of the Act of 1936, may, by notice in writing sent to the Minister for Finance within three months after the date of the passing of this Act, confirm such election and, in that case, subsection (1) of this section shall not apply to him.

(4) In this section the expression “existing 1936 Justice” means a Justice of the District Court who held office at the date of the passing of the Act of 1936 and holds office at the date of the passing of this Act.

Charge of pensions, etc., of Justices of the District Court on the Central Fund.

19. —(1) Every pension granted under the Acts to a Justice of the District Court and every award under the Superannuation Acts, 1834 to 1946, granted, by virtue of the Acts, to or in respect of a Justice of the District Court shall be charged on and payable out of the Central Fund or the growing produce thereof.

(2) In this section, the expression “the Acts” means the Courts of Justice Acts, 1924 to 1946, and this Act.

Gratuities in respect of certain deceased Justices of the District Court.

20. —(1) Where—

(a) a Justice (including an Assistant Justice) of the District Court, who held office at the date of the passing of the Act of 1936, did not exercise the election provided by subsection (3) of section 48 of the Act of 1936, and

(b) such Justice died before the passing of this Act while holding office,

the Minister for Finance may pay to the legal personal representatives of such Justice a gratuity equal to the amount of his annual salary at the date of his death.

(2) Every gratuity payable under this section shall be charged on and payable out of the Central Fund or the growing produce thereof.