sec.8Pension of spouse on death of retired judge

sec.8 Pension of spouse on death of retired judge

If a retired judge dies leaving a spouse, the spouse is entitled to a pension at a rate equal to 50% of the judge’s notional pension. However— if the spouse is a husband or wife, the spouse is entitled to a pension under subsection (1) only if his or her marriage to the retired judge happened before the judge’s retirement; and if the spouse is a civil partner, the spouse is entitled to a pension under subsection (1) only if the spouse entered into the civil partnership with the retired judge before the judge’s retirement; and if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if— the spouse was a spouse of the retired judge both when the judge retired and when the judge died; and the retired 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 retired 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) (c) applies despite the Acts Interpretation Act 1954 , section 32DA (6) . s 8 sub 1984 No. 10 s 8 ; 1992 No. 14 s 2 sch amd 2002 No. 57 s 7 ; 2002 No. 74 s 49 ; 2011 No. 46 s 63 ; 2012 No. 12 s 59 sch pts 2 – 3 ; 2015 No. 33 s 52 (2) – (3) sch pts 2 – 3 (sec.8-ssec.1) If a retired judge dies leaving a spouse, the spouse is entitled to a pension at a rate equal to 50% of the judge’s notional pension. (sec.8-ssec.2) However— if the spouse is a husband or wife, the spouse is entitled to a pension under subsection (1) only if his or her marriage to the retired judge happened before the judge’s retirement; and if the spouse is a civil partner, the spouse is entitled to a pension under subsection (1) only if the spouse entered into the civil partnership with the retired judge before the judge’s retirement; and if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if— the spouse was a spouse of the retired judge both when the judge retired and when the judge died; and the retired 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 retired 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.8-ssec.3) Subsection (2) (c) applies despite the Acts Interpretation Act 1954 , section 32DA (6) .