sec.8APension for children of deceased judge

sec.8A Pension for children of deceased judge

In this section— child includes adopted child. eligible child , of a judge, means— if the judge died before retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who— is a child of the judge; or when the judge died, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 7 ; or if the judge died after retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who— is a child of the judge; or when the judge retired, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 8 . If— a judge dies before retirement; or a retired judge who is entitled to receive a pension under this Act dies; pension is payable for each eligible child of the judge for use towards the child’s support and education. The rate of pension payable for an eligible child is the following percentage of the judge’s notional pension— if a spouse of the judge is entitled to a pension under this Act and— there are less than 5 eligible children—12.5%; or there are 5 or more eligible children—50% divided by the number of eligible children; in any other case— if there is 1 eligible child—45%; or if there are 2 eligible children—40%; or if there are 3 eligible children—30%; or if there are 4 or more eligible children—100% divided by the number of eligible children. Pension payable under this section for an eligible child is payable to— if the child is a minor— the parent or guardian of the child; or such other person as the Minister directs; or in any other case—the child. s 8A ins 1967 No. 40 s 15 sub 1984 No. 10 s 9 ; 1992 No. 14 s 4 amd 2002 No. 74 s 50 (sec.8A-ssec.1) In this section— child includes adopted child. eligible child , of a judge, means— if the judge died before retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who— is a child of the judge; or when the judge died, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 7 ; or if the judge died after retirement—a person who is under 16 years or, if the person is receiving full-time education at a school, college or university, is under 25 years and who— is a child of the judge; or when the judge retired, was a child of a person who, on the death of the judge, became a person entitled to receive a pension under section 8 . (sec.8A-ssec.2) If— a judge dies before retirement; or a retired judge who is entitled to receive a pension under this Act dies; pension is payable for each eligible child of the judge for use towards the child’s support and education. (sec.8A-ssec.3) The rate of pension payable for an eligible child is the following percentage of the judge’s notional pension— if a spouse of the judge is entitled to a pension under this Act and— there are less than 5 eligible children—12.5%; or there are 5 or more eligible children—50% divided by the number of eligible children; in any other case— if there is 1 eligible child—45%; or if there are 2 eligible children—40%; or if there are 3 eligible children—30%; or if there are 4 or more eligible children—100% divided by the number of eligible children. (sec.8A-ssec.4) Pension payable under this section for an eligible child is payable to— if the child is a minor— the parent or guardian of the child; or such other person as the Minister directs; or in any other case—the child.