Judges (Pensions and Long Leave) Act 1957
sec.13Agreement or court order—death of judge in office
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sec.13 Agreement or court order—death of judge in office
This section applies if the Minister receives an agreement or court order that relates to a person who— is a judge at the operative time for the agreement or order; and dies while holding office as a judge. The Minister must pay the entitled former spouse for the agreement or court order a pension for his or her lifetime (a lifetime pension ). The amount of the lifetime pension must be— calculated in the way decided by the Minister on the advice of an actuary; and based on the proportion, stated in the agreement or court order, of the pension that would have been payable to the person mentioned in subsection (1) if the person had been entitled to the pension under section 5 immediately before the person’s death. s 13 prev s 13 om 1991 No. 68 s 111 sch 2 pres s 13 ins 2004 No. 42 s 8 (sec.13-ssec.1) This section applies if the Minister receives an agreement or court order that relates to a person who— is a judge at the operative time for the agreement or order; and dies while holding office as a judge. (sec.13-ssec.2) The Minister must pay the entitled former spouse for the agreement or court order a pension for his or her lifetime (a lifetime pension ). (sec.13-ssec.3) The amount of the lifetime pension must be— calculated in the way decided by the Minister on the advice of an actuary; and based on the proportion, stated in the agreement or court order, of the pension that would have been payable to the person mentioned in subsection (1) if the person had been entitled to the pension under section 5 immediately before the person’s death.
- (a) is a judge at the operative time for the agreement or order; and
- (b) dies while holding office as a judge.
- (a) calculated in the way decided by the Minister on the advice of an actuary; and
- (b) based on the proportion, stated in the agreement or court order, of the pension that would have been payable to the person mentioned in subsection (1) if the person had been entitled to the pension under section 5 immediately before the person’s death.