7CPension in respect of certain children where judge or retired judge dies without leaving a surviving spouse

7C Pension in respect of certain children where judge or retired judge dies without leaving a surviving spouse

7C Pension in respect of certain children where judge or retired judge dies without leaving a surviving spouse

(1) Subject to this section, where a judge or retired judge died before, or dies on or after, the appointed day without leaving a surviving spouse, a pension shall, on and from the appointed day or the day following the death of the judge or retired judge, whichever is the later day, be paid in accordance with section 7D in respect of each eligible child of the judge or retired judge, or of a person (whether deceased or not) who was at any time the spouse (including husband or wife) or de facto partner of the judge or retired judge, 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 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) This section does not apply in relation to:

(a) a child of a remarriage or subsequent relationship of a former spouse (including husband or wife) or de facto partner of a judge or retired judge, or

(b) a child of a spouse of a retired judge who became a spouse of the retired judge:

(i) after the retirement of the judge, and

(ii) 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