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Judges' Remuneration and Emoluments Act [Cap 16]

LAWS OF FIJI

CHAPTER 16

JUDGES' REMUNERATION

TABLE OF PROVISIONS

SECTION

1. Short title
2. Salaries and annual allowances
3. Travelling and related expenses and allowances
4. Allowances, etc. to be free of tax
5. Leave and passage entitlements
6. Pensions
7. Widow's pensions and other entitlements
8. Pensions not payable in certain circumstances
9. Exclusion
Schedule - Grades of Housing and Annual Rent

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Acts Nos. 28 of 1974, 39 of 1974, 1 of 1975, 15 of 1975,
28 of 1975, 6 of 1976, 6 of 1977, 23 of 1977, 6 of 1979,
3 of 1980, 19 of 1980, 11 of 1981, 20 of 1982,
3 of 1984, 8 of 1985

AN ACT TO PROVIDE FOR THE TERMS AND CONDITIONS OF
SERVICE OF THE JUDICIARY

[1st July 1974]

WHEREAS the Judiciary of Fiji is by the Constitution independent of the Executive and the Legislature in the exercise of its judicial functions.

Short title

1. This Act may be cited as the Judges' Remuneration and Emoluments Act.

Salaries and annual allowances

2.-(1) The Chief Justice shall receive salary at the rate of $36,800 a year and an entertainment allowance at the rate of $300 a year and each other Judge shall receive salary at the rate of $31,300 a year and an entertainment allowance at the rate of $300 a year.

(2) The Chief Justice and each other Judge shall be entitled to Government housing during his service as a Judge and in respect of such housing shall pay the rent prescribed in the Schedule as being applicable to the grade of housing occupied:

Provided that if any Judge is not allocated Government housing, he shall be entitled to such housing allowance as the Judicial and Legal Services Commission shall, with the approval of the Minister of Finance, from time to time determine.
(Substituted by Act 20 of 1982, s.2.)

Travelling and related expenses and allowances

3. The Chief Justice and each other Judge shall receive such travelling expenses or allowances and such other expenses and/or allowances for each day or part of a day on which he is on duty away from his home as the Judicial and Legal Services Commission shall from time to time determine.

Allowances, etc. to be free of tax

4. For the avoidance of doubt, it is hereby declared that all allowances and expenses payable under the provisions of sections 2 or 3 except under the provisions of subsection (2) of section 2 shall be exempt from income tax and all other taxes.

Leave and passage entitlements

5. The Chief Justice and each other Judge shall be entitled to such leave and to such passages or passage allowances, for himself and such other members of his family as the Judicial and Legal Services Commission shall direct, as that Commission shall from time to time, with the approval of the Governor-General, determine:

Provided that vacations may, by order of the Chief Justice pursuant to his powers under section 28 of the Supreme Court Act, be excluded and shall not be taken into account in arriving at the leave entitlement under this section.
(Cap. 13.)

Pensions

6.-(1) Where a Judge who has attained the age of sixty years retires after serving as Judge for not less than ten years, he shall be entitled to a pension at a rate equal to fifty per cent of his salary.

(2) Where a Judge, not being a Judge to whom subsection (1) applies, retires, and the Governor-General, in the case of the Chief Justice, or the Judicial and Legal Services Commission, in the case of any other Judge, certifies that his retirement is due to permanent disability or infirmity, he shall be entitled-

(a) if his retirement occurs before he has completed six years' service as a Judge to a pension at a rate equal to forty per cent of his salary; or

(b) in any other case-to a pension at a rate equal to the sum of-

(i) forty per cent of his salary; and

(ii) two per cent of his salary for each completed year of service other than the first five years,

but so that the rate of his pension shall not exceed fifty per cent of his salary.

(3) A Judge who is the holder of a pensionable office entitling him to a pension under the Pensions Act (1958) may at any time not later than the day immediately preceding the date of his retirement elect to remain the holder of a pensionable office under the provisions of that Act in which event the provisions of this section shall not apply to such Judge.

Widow's pensions and other entitlements

7.-(1) Where a Judge dies in office leaving a widow, a pension shall be paid to the widow at a rate equal to one-half of the rate of the pension that would have been payable to the Judge, had he been entitled to such pension under section 6, if the Judge had retired on the date of his death and, in a case in which subsection (1) of section 6 would not have been applicable in relation to that retirement, the Governor-General or the Judicial and Legal Services Commission, as the case may be, had certified that that retirement was due to permanent disability or infirmity.

(2) Where a retired Judge dies leaving a widow whose marriage to the retired Judge occurred before his retirement, a pension shall be paid to the widow at a rate equal to one-half of the rate of the pension that would have been payable to the retired Judge had he been entitled to such pension under section 6 and if he had not died.

(3) If a widow in receipt of a pension under the provisions of this section remarries, her pension shall cease.

(4) In the event of the death of a Judge whilst in office, his widow shall be entitled to such compensation in lieu of the outstanding leave accruing due to him at the date of his death as the Judicial and Legal Services Commission shall determine.

(5) Where a Judge dies whilst in office leaving a widow or other members of his family living in Fiji at the date of his death, the widow and such other members of his family as the Judicial and Legal Services Commission shall direct, shall be entitled to such passages or passage allowances as that Commission shall determine.

Pensions not payable in certain circumstances

8. Unless the Governor-General otherwise directs, a pension under this Act shall not be payable by reason of the service of a Judge who has been removed under section 91 of the Constitution or under any similar provision in any written law.

Exclusion

9. Section 6 of this Act shall not apply to-

(a) a Judge appointed for a term of years under the provisions of section 129 of the Constitution;

(b) an entitled officer as defined by the Fiji (Compensation and Retiring Benefits) Order 1970*.
* See Legal Notices Nos. 65 and 119 of 1970.

SCHEDULE
(Section 2(2))
(Inserted by Act 20 of 1982, s. 2.)

Grade of Housing
Special grade ..........
Grades I and II........
Grade III.................
Grade IV.................
Grade V..................
Grade VI and below

Annual rent
$1,600
$1,400
$1,200
$1,000
$720
$480

Controlled by Office of the Prime Minister.

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