7APension in respect of children on death of judge or retired judge

7A Pension in respect of children on death of judge or retired judge

7A Pension in respect of children on death of judge or retired judge

(1) Subject to subsection (2), where a judge or retired judge:

(a) died before the appointed day leaving a surviving spouse who is living on the appointed day, or

(b) dies on or after the appointed day leaving a surviving spouse,

the surviving spouse is entitled, on and from the appointed day or the day following the death of the judge or retired judge, whichever is the later day, to an additional pension at the annual rate of $208 in respect of each eligible child of the surviving spouse or of the judge (other than a child of any remarriage or subsequent relationship of the surviving spouse).

(2) If a surviving spouse of a retired judge referred to in subsection (1) became the spouse of the retired judge:

(a) after retirement of the judge, and

(b) after the retired judge attained the age of 60 years (if appointed before the increased retirement age day) or 65 years (if appointed on or after that day), and

(c) less than 5 years before the judge died,

pension is not payable under subsection (1) in respect of a child of the marriage or relationship or of any other child of the surviving spouse of the retired judge.

s 7A: Ins 1974 No 106, sec 2 (f). Am 2005 No 31, Sch 5 [8]–[10]; 2018 No 87, Sch 2.3 [6].