Pension to spouse on death of Judge
7 Pension to spouse on death of Judge
Subject to section 17AH, if a Judge dies leaving a spouse, a pension shall be paid to the spouse at a rate equal to 62.5% of the rate of the relevant pension in relation to the Judge.
If section 17AD applies in relation to the spouse pension, the rate of the relevant pension may be reduced under subsection 17AD(4).
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
the spouse gives the Secretary of the Department a written notice within 2 months after the death of the Judge electing to have the relevant pension worked out under section 6C, rather than subsection 6B(2);
the rate of the relevant pension is taken to be the rate worked out under section 6C, rather than the rate worked out under subsection 6B(2).
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