7BPension in respect of children on death of surviving spouse of judge or retired judge

7B Pension in respect of children on death of surviving spouse of judge or retired judge

7B Pension in respect of children on death of surviving spouse of judge or retired judge

(1) If the surviving spouse of a judge or retired judge died before, or dies on or after, the appointed day, a pension is payable, on and from the appointed day or the day following the death of the surviving spouse, whichever is the later day, in accordance with section 7D, in respect of each eligible child of the surviving spouse or of the judge or retired judge (other than a child of any remarriage or subsequent relationship of the surviving spouse) at the annual rate of:

(a) $520, or

(b) an amount calculated in accordance with subsection (2),

whichever is the higher rate.

(2) The annual rate of pension referred to in subsection (1) (b) is, at any time, the sum of:

(a) $208, and

(b) an amount ascertained by dividing by four (or, if the number of eligible children in respect of whom pension is payable under this section is greater than four, by the number of those children) the annual amount of the pension that by virtue of section 6 would, at that time, have been payable to the surviving spouse of a judge or retired judge (being, in the case of a retired judge, a surviving spouse who was the judge’s spouse at the time of the judge’s retirement) who:

(i) had served as a judge for the same period, and in the same judicial office, as the judge or retired judge referred to in subsection (1), and

(ii) had died or, as the case may be, had retired and died at the same time or times as the judge or retired judge so referred to.

(3) Despite subsection (1), if a surviving spouse of a retired judge 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 7B: Ins 1974 No 106, sec 2 (f). Am 1992 No 34, Sch 1; 2005 No 31, Sch 5 [11]–[13]; 2018 No 87, Sch 2.3 [7].