Allocation of pension if a deceased Judge or retired Judge is survived by more than one spouse
15A Allocation of pension if a deceased Judge or retired Judge is survived by more than one spouse
If a Judge or retired Judge dies leaving more than one spouse, the Minister must allocate any pension (including pension in respect of any eligible children) payable to a spouse in respect of the deceased Judge or retired Judge under this Act among the spouses.
The Minister must have regard to the respective needs of the spouses and eligible children (if any) when making the allocation.
Subject to subsections (4) and (5), a pension is only payable to each of the spouses in accordance with the allocation.
The rate of pension payable to a spouse under the allocation in respect of the spouse or any eligible children must not exceed the applicable rate (as provided in section 7, 8, 9, 10, 11 or 12) of the relevant pension in relation to the Judge or retired Judge.
The aggregate of the rates of pension payable under an allocation must not exceed 100% of the rate of the relevant pension in relation to the Judge or retired Judge.
In this section:
relevant pension, in relation to a retired Judge who has died, means the pension that would have been payable to the retired Judge if he or she had not died.
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