11Pension in respect of children on death of spouse

11 Pension in respect of children on death of spouse

(1) Subject to this section, where the spouse of a Judge or retired Judge, being a spouse who became entitled upon the death of the Judge or retired Judge to a pension under this Act, has died, there shall be paid, in respect of any eligible child, or any eligible children, of the Judge or retired Judge, a pension at a rate equal to the applicable percentage of the rate of: (a) in the case of the spouse of a Judge other than a retired Judge—the relevant pension in relation to the Judge; or (b) in the case of the spouse of a retired Judge—the pension that would have been payable to the retired Judge if he or she had not died. (2) For the purposes of subsection (1), the applicable percentage is: (a) where there is one eligible child—45%; (b) where there are 2 eligible children—80%; (c) where there are 3 eligible children—90%; or (d) where there are 4 or more eligible children—100%. (2A) If: (a) but for this subsection, the rate of the relevant pension in relation to the Judge would have been worked out under subsection 6B(2); and (b) within 2 months after the Minister determines under section 13 to whom the pension is payable, that person gives the Secretary of the Department a written notice electing to have that rate worked out under section 6C, rather than subsection 6B(2); the rate of the relevant pension is taken to be the rate worked out under section 6C, rather than the rate worked out under subsection 6B(2). (3) If a retired Judge entered into a marital or couple relationship: (a) after retirement; and (b) after the retired Judge reached the age of 60; and (c) less than 5 years before the retired Judge died; pension is not, upon the death of the person with whom the retired Judge had that relationship, payable under this section in respect of a child of that marital or couple relationship.