Judges' Pensions Act 1968

The associate deferred pension is payable at an annual rate calculated under the Pension Orders by reference to the transfer amount.

For the purposes of subsection (1), the transfer amount is to be rounded to the nearest cent (rounding 0.5 cents upwards).

Subject to section 17AC, the pension is payable from the later of:

the operative time; and

the earliest of the following days:

if the non‑member spouse is permanently incapacitated—the day that the Secretary of the Department considers to be the day on which the spouse became permanently incapacitated;

a day notified to the Secretary under subsection (5) of this section;

the day on which the non‑member spouse turns 65.

The non‑member spouse is permanently incapacitated if the Secretary is satisfied that the spouse is unlikely, because of ill‑health (whether physical or mental), to engage in gainful employment for which the spouse is reasonably qualified by education, training or experience.

The non‑member spouse may give a written notice to the Secretary specifying a day that is not before the day on which the non‑member spouse turns 60.

If the non‑member spouse dies before the pension becomes payable, an amount calculated under the Pension Orders must be paid to:

the legal personal representative of the spouse; or

if no such legal personal representative can be found—any individual or individuals that the Secretary determines.

An amount under subsection (6) is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.