Western Australian Consolidated Acts Western Australian Consolidated ActsPart I — Pensions for spouses and de facto partners
[Heading inserted by No. 28 of 2003 s. 99.]
1 . Pension on death of judge in office
If a judge dies and is
survived by a spouse or de facto partner, the spouse or de facto partner is
entitled to a pension of an amount equal to —
(a) if
the judge died before 1 December 1987, 62.5% of the pension to which
the judge would have been entitled under section 6(2) if the judge had
retired on the day the judge dies; or
(b) if
the judge died on or after 1 December 1987, 37.5% of current
judicial salary.
[Clause 1 inserted by No. 28 of 2003
s. 99.]
2 . Pension on death of retired judge
If a former judge dies after
retiring and is survived by a spouse or de facto partner, the spouse or de
facto partner is entitled to a pension of an amount equal to —
(a) if
the former judge retired before 1 December 1987, 62.5% of the
pension which the former judge was receiving before death; or
(b) if
the former judge retired on or after 1 December 1987, 62.5% of
the pension which would have been payable to the former judge if the former
judge had not died.
[Clause 2 inserted by No. 28 of 2003
s. 99.]
(1) Subject to subclause (2), a
pension under this Part is payable from the day after the judge died.
(2) If a person
entitled to a pension under clause 2 —
(a) was
not the former judge’s spouse or de facto partner when the former judge
retired; and
(b) has
not attained the age of 55 years on the day the former judge died,
the pension is payable
from —
(c) the
day on which the person attains the age of 55 years; or
(d) such
earlier day as the Minister considers appropriate in the circumstances.
(3) A pension under
this Part is payable until the death of the person to whom it is payable.
[Clause 3 inserted by No. 28 of 2003
s. 99.]
Eligibility and Rate of Benefit, etc.
This Division applies where the death of a judge or former judge occurs before
the commencement of the 1987 Act.
(1) Subject to the
following, upon the death of a judge or of a former judge who was in receipt
of pension under this Act, an allowance of $8.00 per week is payable in
respect of each of his children who was at that time wholly or substantially
dependent upon the judge or former judge.
(2) Allowance is
payable under this item only during any period when the
child —
(a) is
wholly or substantially dependent upon the surviving parent or other person
having the care of the child; and
(b) is
under the age of 16 years or is a student child under the age of
25 years.
(1) Subject to the
following, an allowance at the rate fixed by sub-item (2) is payable in
respect of the child of a judge or of a former judge who was in receipt of
pension under this Act, where —
(a) the
judge or former judge had died and was at the date of his or her death a widow
or widower or divorced and not remarried, in which case the allowance is
payable as from the day after the death of the judge or former judge; or
(b) the
judge or former judge had died and was survived by a widow or widower who has
since died, in which case the allowance is payable from the day after the
death of that widow or widower.
(2) The rate per week
at which allowance is payable under this item is the greater of the following
rates —
(a)
$10.00; or
(b)
$4.00 plus the amount calculated in accordance with the formula
where —
R is the rate of
reversionary pension that was payable (or would if the widow or widower were
eligible, have been payable) to the surviving widow or widower at the date of
her or his death (or the rate of reversionary pension that would have been so
payable if the spouse of the judge or former judge had survived the judge or
former judge); and
N is 4 or the number
of children of the judge to whom allowance is payable under this item,
whichever is the greater.
(3) Allowance is
payable under this item only during any period when the child is under the age
of 16 years or is a student child under the age of 25 years.
(4) Allowance is not
payable under this item in respect of a child who was not, at the date of the
death of the judge, wholly, or substantially dependent upon him or her.
This Division applies where the death of a judge or former judge occurs on or
after the commencement of the 1987 Act.
Interpretation of this Division
In this Division —
eligible child means —
(a) a
child under the age of 16 years; or
(b) a
child who —
(i)
has attained the age of 16 years but is under the
age of 25 years; and
(ii)
is receiving full-time education at a school, college or
university,
who is for the time being, in the opinion of the
Minister, wholly or substantially dependent on the person having the care of
the child;
relevant pension means —
(a)
where a judge has died, 60% of the current judicial salary;
(b)
where a retired judge has died, the pension that would have been payable to
the judge had the judge not died.
(1) Where a judge or a
retired judge dies leaving a spouse or de facto partner, there shall, in
addition to any pension that is payable to the spouse or de facto partner
under Part I, 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 the relevant pension in relation to the
judge.
(2) For the purposes
of sub-item (1), the applicable percentage is —
(a)
where there is one eligible child, 12.5%;
(b)
where there are 2 eligible children, 25%; or
(c)
where there are 3 or more eligible children, 37.5%.
(1)
Where —
(a) the
spouse or de facto partner of a judge or retired judge, being a spouse or de
facto partner who became entitled upon the death of the judge or retired judge
to a pension under Part I, has died; or
(b) a
judge or retired judge has died without leaving a spouse or de facto partner
who became entitled, upon the death of the judge or retired judge, to a
pension under Part I,
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 the relevant pension in relation to the judge.
(2) For the purposes
of sub-item (1), the applicable percentage is —
(a)
where there is one eligible child, 25%;
(b)
where there are 2 eligible children, 50%;
(c)
where there are 3 eligible children, 75%;
(d)
where there are 4 or more eligible children, 100%.
[Part II amended by No. 82 of 1987 s. 7; No.
28 of 2003 s. 99.]
[Heading inserted by No. 108 of 1975 s. 12.}
Where a person is
entitled under the foregoing provisions of this Schedule to receive more than
one pension or child’s allowance, or both such a pension and allowance,
only the greatest of them shall be paid to that person.
Any child’s
allowance payable under the provisions of Part II may be paid to the parent or
other person or body having the care or support of the child, or directly to
the child, as the Minister may determine.
If more than one
person is entitled under Part I to a pension as the spouse or de facto partner
of a particular judge or former judge, then each of those persons are entitled
only to a share of the pension that would be payable if there was only one
spouse or de facto partner, apportioned between them as is determined by the
Minister.
[Part III inserted by No. 108 of 1975 s. 12;
amended by No. 28 of 2003 s. 99; No. 65 of 2003 s. 105.]
