12Pension in respect of children on death of Judge or retired Judge when spouse’s pension not payable

12 Pension in respect of children on death of Judge or retired Judge when spouse’s pension not payable

(1) Subject to this section, where a Judge or retired Judge has died without leaving a spouse who became entitled, upon the death of the Judge or retired Judge, to a pension under this Act, 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 a Judge other than a retired Judge—the relevant pension in relation to the Judge; or (b) in the case 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 the relevant pension 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 retired Judge’s death, payable under this section in respect of a child of that marital or couple relationship.