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SUPREME COURT ACT 1935 - SECT 13H

SUPREME COURT ACT 1935 - SECT 13H

13H—Pre-retirement leave

        (1)         Subject to this section, the Governor may grant to any judge or master immediately prior to his retirement not more than six months leave of absence on full salary.

        (2)         Where a judge or master retires or resigns without taking any leave which had been or could have been granted to him under subsection (1) of this section, the Governor may direct that a cash payment be made to him in lieu of the leave not so taken. The payment shall not exceed the amount of the salary of the judge or master for a period equal to the period of the leave not so taken, calculated at the rate at which he was being paid at the time of the retirement or resignation.

        (3)         A direction under subsection (2) of this section may be given before or after the retirement or resignation of the judge or master and a payment under that subsection may be made before or after that retirement or resignation.

        (4)         If any judge or master dies before the commencement or during the currency of any leave granted or before such leave has been granted pursuant to subsection (1) of this section the Governor may, in respect of the period of the leave so granted or the unexpired portion thereof, or in respect of the period of the leave which might have been granted (according to the circumstances of the case), pay to the dependants (if any) of such judge or master the amounts of salary which would have been payable to such judge or master himself if he had survived.

        (4a)         If the judge or master died without leaving any dependants the Governor may pay the said amounts of salary to his personal representatives.

        (4b)         Any question as to—

            (a)         whether there are any dependants in any particular case, or who are the dependants;

            (b)         what dependant or dependants shall be entitled to the benefit of payments made under this subsection, and in what proportions if more than one dependant,

shall be settled by the Governor, as he deems proper.

        (4c)         In this section—

"dependants" means those members of the family of a judge or master who were wholly or in part dependent upon his earnings at the time of his death;

"domestic partner", in relation to a deceased judge or master, means—

            (a)         a person declared under the Family Relationships Act 1975 to have been the domestic partner of that judge or master (as the case may be) as at the date of the judge's or master's death; or

            (b)         a person who was in a registered relationship with the judge or master (as the case may be) as at the date of the judge's or master's death;

"members of the family" includes spouse, domestic partner, parents, grandparents, step-parents, children, grandchildren, step-children, brothers, sisters, half-brothers and half-sisters;

"registered relationship" means a relationship that is registered under the Relationships Register Act 2016 , and includes a corresponding law registered relationship under that Act;

"spouse"—a person is the spouse of another if they are legally married.

        (5)         Where leave is granted to any judge or master under this section, that judge or master may, at the commencement of such leave, be paid the total salary which would be payable to him during the currency of the leave.

        (6)         This section shall not apply to a master who was, immediately before the commencement of the Statutes Amendment (Administration of Courts and Tribunals) Act 1981 , the master or a deputy master of the court.