24APension entitlements of Commissioner, partner and eligible children

24A Pension entitlements of Commissioner, partner and eligible children

(1) Subject to this section, the Commissioner, and the partner and children of the Commissioner, are entitled to pensions in the circumstances set out in this section and otherwise in the same circumstances and at the same rates and on the same terms and conditions as—

(a) a Judge of the Supreme Court (other than the Chief Justice, the President of the Court of Appeal or a Judge of Appeal) under Part III of the Constitution Act 1975; and

(b) the partner and children of such a Judge under Part III of the Constitution Act 1975.

(2) Upon retirement or resignation, the Commissioner is entitled to a pension under this section if the Commissioner has attained the age of 65 years and—

(a) the Commissioner has served in the office of Commissioner for not less than 5 years; or

(b) having been appointed, the Commissioner is unable to serve as Commissioner for not less than 5 years, because he or she has become afflicted with a permanent incapacity disabling him or her from the due execution of that office.

(3) Upon the death of the Commissioner or any person who was formerly the Commissioner and entitled to a pension under this section, the partner of the Commissioner or former Commissioner is entitled to a pension payable fortnightly at the rate of three-eighths of the salary referred to in subsection (8)(e) until—

(a) the partner's death; or

(b) the partner becomes the domestic partner or spouse of another person.

(4) If there are eligible children of a deceased Commissioner and no pension is otherwise payable under this section to or in respect of that Commissioner, there is to be paid to any person or persons that the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (5).

(5) The pension applicable to each eligible child is the amount of the pension that would be payable to the partner of the Commissioner if the partner was entitled to a pension under this section divided by 4 or the number of eligible children (whichever is the greater).

(6) Eligible child in relation to a Commissioner means a child, adopted child or stepchild of the Commissioner or his or her partner—

(a) who is under the age of 16 years; or

(b) who—

(i) has attained the age of 16 years but is under the age of 25 years; and

(ii) is receiving full-time education at a school, college or university.

(7) Despite subsection (3), no pension is payable to the partner of any former Commissioner if that partner became the domestic partner or spouse of the former Commissioner after that Commissioner's resignation or retirement, unless in the case of marriage, the spouse was the domestic partner of the Commissioner immediately prior to that Commissioner's resignation or retirement.