sec.7Pension of spouse on death of judge

sec.7 Pension of spouse on death of judge

Where a judge dies before retirement, the judge’s spouse is entitled during the spouse’s lifetime— in the case of a judge whose death occurred before the passing of the Judges’ Pensions Act Amendment Act 1984 —to an annual pension at a rate consisting of 7% of his or her salary and an additional rate of 2% of his or her salary for each complete year of service as a judge in excess of 1 year but so that the rate of annual pension shall not exceed 25% of his or her salary; or in the case of any other judge—to an annual pension at a rate that is 50% of the rate of annual pension that would have been payable under section 5 to the judge if the judge had not died but had retired because of permanent disability or infirmity or had been removed from office because of proved incapacity. However— if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if the judge and the spouse had lived together as a couple— for a continuous period of at least 2 years ending on the death; or for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and if the judge died leaving more than 1 spouse— the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and the total pension must be apportioned between the spouses in the way the Minister considers appropriate. Subsection (2) (a) applies despite the Acts Interpretation Act 1954 , section 32DA (6) . s 7 sub 1967 No. 40 s 14 ; 1984 No. 10 s 7 amd 1992 No. 14 s 2 sch ; 2002 No. 57 s 6 ; 2002 No. 74 s 48 ; 2003 No. 77 s 83 (sec.7-ssec.1) Where a judge dies before retirement, the judge’s spouse is entitled during the spouse’s lifetime— in the case of a judge whose death occurred before the passing of the Judges’ Pensions Act Amendment Act 1984 —to an annual pension at a rate consisting of 7% of his or her salary and an additional rate of 2% of his or her salary for each complete year of service as a judge in excess of 1 year but so that the rate of annual pension shall not exceed 25% of his or her salary; or in the case of any other judge—to an annual pension at a rate that is 50% of the rate of annual pension that would have been payable under section 5 to the judge if the judge had not died but had retired because of permanent disability or infirmity or had been removed from office because of proved incapacity. (sec.7-ssec.2) However— if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if the judge and the spouse had lived together as a couple— for a continuous period of at least 2 years ending on the death; or for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and if the judge died leaving more than 1 spouse— the pensions of all the spouses are limited to the pension (the total pension ) that would have been payable had the judge died leaving only 1 spouse; and the total pension must be apportioned between the spouses in the way the Minister considers appropriate. (sec.7-ssec.3) Subsection (2) (a) applies despite the Acts Interpretation Act 1954 , section 32DA (6) .