Commonwealth Consolidated Acts

JUDGES' PENSIONS ACT 1968 - SECT 7

             (1)  Where 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.

             (2)  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)  the spouse gives the Secretary to 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).