6Pension for surviving spouse of judge or retired judge

6 Pension for surviving spouse of judge or retired judge

6 Pension for surviving spouse of judge or retired judge

(1) Where, before, on or after the appointed day, a retired judge died or dies leaving a surviving spouse who was the judge’s spouse at the time of the judge’s retirement, or a judge died or dies in office, the surviving spouse is entitled:

(a) where the judge or retired judge died before the appointed day—during the period commencing on the appointed day and ending on the spouse’s death, or

(b) where the judge or retired judge dies on or after the appointed day—during the period commencing on the day after the judge’s or retired judge’s death and ending on the spouse’s death,

to a pension at an annual rate that, at any time during that period, is a percentage, calculated as provided by this section, of the notional judicial salary of the judge or retired judge at that time.

(1A) If a retired judge dies on or after 29 November 2002 leaving a surviving spouse who became the spouse of the retired judge after the judge retired, and the surviving spouse is an eligible spouse, the surviving spouse is entitled, during the period commencing on the day after the retired judge’s death and ending on the spouse’s death:

(a) if the retired judge and surviving spouse had been married or living in the relationship for 3 years or more immediately before the death—to a pension at an annual rate that, at any time during that period, is a percentage, calculated as provided by subsection (4), of the notional judicial salary of the retired judge at that time, or

(b) if the retired judge and surviving spouse had been married or living in the relationship for less than 3 years immediately before the death—to a pension as referred to in paragraph (a), but reduced on a pro rata basis according to the proportion that the period of the marriage or relationship bears to 3 years.

(1B) For the purposes of subsection (1A):

eligible spouse of a retired judge means a person who has or had in his or her marriage or relationship with the retired judge a child, being:

(a) a child of the spouse and the retired judge who was, in the opinion of the Minister, wholly or substantially dependent on the retired judge at any time during the marriage or relationship, or

(b) a child of the retired judge who was conceived before and born alive after the death of the retired judge.