Judges' Pensions Act 1968

Subject to this section, where the spouse of a Judge or retired Judge, being a spouse who became entitled upon the death of the Judge or retired Judge to a pension under this Act, has died, 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:

in the case of the spouse of a Judge other than a retired Judge—the relevant pension in relation to the Judge; or

in the case of the spouse of a retired Judge—the pension that would have been payable to the retired Judge if he or she had not died.

For the purposes of subsection (1), the applicable percentage is:

where there is one eligible child—45%;

where there are 2 eligible children—80%;

where there are 3 eligible children—90%; or

where there are 4 or more eligible children—100%.

If:

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

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 that rate worked out under section 6C, rather than subsection 6B(2);

If a retired Judge entered into a marital or couple relationship:

after retirement; and

after the retired Judge reached the age of 60; and

less than 5 years before the retired Judge died;