4
Contributions
3. For the purpose of securing an entitlement to a pension and other benefits in terms of
this scheme, a judge shall pay monthly contributions to the Consolidated Revenue Fund at the
rate of seven and one-half per centum of his or pensionable emoluments with effect from—
(a) the 1st July, 1997, in the case of a judge who held office immediately before that date
and who makes an election in terms of subsection (2) of section 1;
(b) the date on which he or she enters office as a judge, in the case of a judge appointed
on or after the1st July, 1997.
Voluntary retirement before retiring age
4.(1) Subject to subsection (2), a judge who has attained the age of sixty years and who
resigns his office in terms of subsection (2) of section 86 of the Constitution shall be deemed
to have retired for the purposes of this scheme.
(2) A judge shall not be deemed to have retired for the purposes of this scheme if his or
her notice of resignation in terms of subsection (2) of section 86 of the Constitution is given or
would expire while the question of his or her removal from office for misbehaviour is the
subject of investigation or consideration in terms of section 87 of the Constitution.
Benefits on retirement, other than retirement on medical grounds
5.(1) A judge who retires, otherwise than on medical grounds in terms of section 6, shall
be entitled—
(a) if his or her pensionable service amounts to less than ten years, to a gratuity
calculated at the rate of one-sixth of his final pensionable emoluments for each
complete year of his or her pensionable service;
(b) if his or her pensionable service amounts to ten years or more, to a pension calculated
in accordance with subsection (2).
(2) The pension of a judge referred to in paragraph (b) of subsection (1) shall be
calculated, if, at the date on which he retires, he or she has—
(a) not attained the age of sixty-one years, at the rate of one two hundred and fortieth;
(b) attained the age of sixty-one years but not attained the age of sixty-two years, at the
rate of one two hundred and twenty-eighth;
(c) attained the age of sixty-two years but not attained the age of sixty-three years, at the
rate of one two hundred and sixteenth;
(d) attained the age sixty-three years but not attained the age of sixty-four years, at the
rate of one two hundred and fourth;
(e) attained the age of sixty-four years but not attained the age of sixty-five years, at the
rate of one one hundred and ninety-second;
(f) attained the age of sixty-five years but not attained the age of sixty-six years, at the
rate of one one hundred and eightieth;
(g) attained the age of sixty-six years but not attained the age of sixty-seven years, at the
rate of one one hundred and sixty-eighth;