Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) 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:
(a) in the case of the spouse of a Judge other than a retired Judge--the relevant pension in relation to the Judge; or
(b) 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.
(2) For the purposes of subsection (1), the applicable percentage is:
(a) where there is one eligible child--45%;
(b) where there are 2 eligible children--80%;
(c) where there are 3 eligible children--90%; or
(d) where there are 4 or more eligible children--100%.
(2A) If:
(a) 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
(b) within 2 months after the Attorney‑General determines under section 13 to whom the pension is payable, that person gives the Secretary to the Department a written notice electing to have that rate 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).
(3) If a retired Judge entered into a marital or couple relationship:
(a) after retirement; and
(b) after the retired Judge reached the age of 60; and
(c) less than 5 years before the retired Judge died;
pension is not, upon the death of the person with whom the retired Judge had that relationship, payable under this section in respect of a child of that marital or couple relationship.
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