Pension in respect of children when surviving partner's pension not payable
10 Pension in respect of children when surviving partner's pension not payable
Subject to this section, where a Judge or retired Judge has died without leaving a surviving partner who became entitled, upon the death of the Judge or retired Judge, to a pension under this Act, there shall be paid, in respect of each eligible child of the Judge or retired Judge or of a person (whether deceased or not) who was at any time the spouse or de facto partner of that Judge or retired
Judge, a pension at the rate of $520 per annum or at the rate of such amount per annum as is determined in accordance with subsection (2), whichever is the higher rate.
The amount to be determined for the purposes of subsection (1) is the sum of $208 and an amount ascertained by dividing by 4 (or, if the number of eligible children in respect of whom pension is payable under this section is greater than 4, by the number of those children) the annual amount of the pension that would, by virtue of section 5, have been payable to a surviving partner of the Judge, or would, by virtue of section 6, have been payable to a surviving partner of the retired Judge who married, or entered a de facto relationship with, the retired Judge before the retirement of the retired Judge.
This section does not apply in relation to:
a child of a former spouse or de facto partner of a Judge or retired Judge;
a child of a marriage or de facto relationship of a retired Judge that occurred or was entered into:
after the retirement of the Judge;
after the retired Judge attained the age of 60 years; and
less than 5 years before the retired Judge died.
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