New South Wales Consolidated Acts

JUDGES' PENSIONS ACT 1953 - SECT 6

6 Pension for surviving spouse of judge or retired judge

(1) Where, before, on or after the appointed day, a retired judge died or dies leaving a surviving spouse who was the judge’s spouse at the time of the judge’s retirement, or a judge died or dies in office, the surviving spouse is entitled:

(a) where the judge or retired judge died before the appointed day-during the period commencing on the appointed day and ending on the spouse’s death, or

(b) where the judge or retired judge dies on or after the appointed day-during the period commencing on the day after the judge’s or retired judge’s death and ending on the spouse’s death,

to a pension at an annual rate that, at any time during that period, is a percentage, calculated as provided by this section, of the notional judicial salary of the judge or retired judge at that time.

(1A) If a retired judge dies on or after 29 November 2002 leaving a surviving spouse who became the spouse of the retired judge after the judge retired, and the surviving spouse is an eligible spouse, the surviving spouse is entitled, during the period commencing on the day after the retired judge’s death and ending on the spouse’s death:

(a) if the retired judge and surviving spouse had been married or living in the relationship for 3 years or more immediately before the death-to a pension at an annual rate that, at any time during that period, is a percentage, calculated as provided by subsection (4), of the notional judicial salary of the retired judge at that time, or

(b) if the retired judge and surviving spouse had been married or living in the relationship for less than 3 years immediately before the death-to a pension as referred to in paragraph (a), but reduced on a pro rata basis according to the proportion that the period of the marriage or relationship bears to 3 years.

(1B) For the purposes of subsection (1A):
"eligible spouse" of a retired judge means a person who has or had in his or her marriage or relationship with the retired judge a child, being:

(a) a child of the spouse and the retired judge who was, in the opinion of the Minister, wholly or substantially dependent on the retired judge at any time during the marriage or relationship, or

(b) a child of the retired judge who was conceived before and born alive after the death of the retired judge.

(2) The percentage referred to in subsection (1) is twenty per centum in the case of a judge or retired judge:

(a) who died on or after 16 December 1953, and before 9 December 1964, or

(b) who died on or after 9 December 1964, and before the appointed day without having completed five years’ service as a judge in his or her judicial office.

(3) The percentage referred to in subsection (1) in the case of a judge or retired judge who died on or after 9 December 1964, and before the appointed day having completed not less than five years’ service as a judge in his or her judicial office is the sum of:

(a) twenty per centum, and

(b) one per centum for each completed year of service in excess of five years (disregarding any such excess years above ten in number) that the judge or retired judge served as a judge in his or her judicial office.

(4) The percentage referred to in subsection (1) is, in the case of a retired judge who dies on or after the appointed day:

(a) where the retired judge had, at the time of his or her retirement, served as a judge in his or her judicial office for less than ten years-twenty-five per centum, or

(b) where the retired judge had, at the time of his or her retirement, so served for ten years or more-thirty per centum.

(5) The percentage referred to in subsection (1) is, in the case of a judge who dies in office on or after the appointed day-the same percentage as would have been applicable under subsection (4) if the judge had continued to serve as a judge in his or her judicial office until he or she attained the age of 72 years and had then retired and died.

(6) The amendment made by the Judges’ Pensions (Amendment) Act 1994 to subsection (1) extends to a person who is lawfully entitled to a pension under this section at the commencement of that Act. Accordingly, the person does not cease to be entitled to it because the person remarries afterwards.

(7) The amendment made by the Judges’ Pensions (Amendment) Act 1994 to subsection (1) does not apply to a person whose pension ceased to be payable because the person remarried before the commencement of that Act, but the person can apply for the pension to be restored under section 7.