in which formula the factor—
| (a) |
A represents the annual salary applicable to the highest office held by the Constitutional Court judge or judge concerned in a permanent capacity during the period of his or her active service: Provided that, subject to section 11(3)(a) and (5)(a), the factor ‘A’ in the said formula must be adjusted whenever the annual salary applicable to the highest office held by the Constitutional Court judge or judge concerned during the period of his or her active service, is increased; |
| (c) |
C represents the period in years of active service of such Constitutional Court judge or judge. |
| (2) |
The aggregate of the salary payable in terms of subsection (1) to a Constitutional Court judge or judge who was or is discharged from active service— |
| (a) |
in terms of section 3(1), 3(2)(a), (c) or (d) or 4(1), (2) or (4) shall not be less than 40 per cent of his or her highest annual salary during the period of his or her active service and shall not exceed such salary; |
| (b) |
in terms of section 3(1) or 3(2) and has performed active service for a period of not less than 20 years, shall be equivalent to the annual salary applicable to the highest office held by him or her in a permanent capacity during his or her period of active service; |
| (c) |
in terms of section 3(2)(b), shall, subject to paragraph (b), be 80 per cent of his or her highest annual salary during the period of his or her active service, plus two per cent of that salary for every year of active service which he or she performs after attaining the age of 65 years; |
| (d) |
in terms of section 3(1)(b) or (c) or 3(2)(c) or (d) before he or she attains the age of 65 years, shall, subject to paragraph (b), be not more than 80 per cent of his or her highest annual salary during the period of his or her active service. |
| (3) |
For the purposes of subsection (1) the period of active service in any particular office shall be calculated by the year and the month, and fractions of a month shall— |
| (a) |
in respect of any active service performed before the date of commencement of this Act, be disregarded; and |
| (b) |
in respect of any active service performed after the date of commencement of this Act be taken into account. |
| (4) |
If a Constitutional Court judge or a judge to whom a salary is payable in terms of this section dies, the payment of the salary shall cease with effect from the first day of the month following the month in which he or she died. |
Basic Conditions of Employment Act, 1997
