Document ID: chunk:federal_register_of_legislation:C2004A00035:body:0:p26
Version: federal_register_of_legislation:C2004A00035
Segment Type: other
Provision Reference: 
Character Range: 60711–63263

the words ", including a pension under section 18 of this Act";
    (d) by omitting from sub-section (1) the definition of "salary"; and
    (e) by inserting in sub-section (2), after the word "widow" (wherever occurring) the words "or widower".
    ____________________

Pensions of Judges.
35. Section 6 of the Principal Act is amended by omitting sub-sections (1) and (2) and substituting the following sub-sections:—
"(1) Where a Judge who has attained the age of sixty years retires after serving as a Judge for not less than ten years, he is entitled to a pension at a rate equal to sixty per centum of the appropriate current judicial salary.
"(2) Where a Judge, not being a Judge to whom sub-section (1) applies, retires, and the Attorney-General certifies that the retirement is due to permanent disability or infirmity, he is entitled to a pension at a rate equal to sixty per centum of the appropriate current judicial salary.".
36. Sections 7 to 12, inclusive, of the Principal Act are repealed and the following sections substituted:—

Pension to widow or widower on death of Judge.
"7. (1) Where a Judge dies leaving a widow or widower, a pension shall be paid to the widow or widower at a rate equal to five-eighths of the rate of the pension that would have been payable to the Judge if the Judge had retired on the date of his or her death and (in a case where sub-section (1) of section 6 would not have been applicable in relation to that retirement) the Attorney-General had certified that that retirement was due to permanent disability.

"(2) If a widow or widower in receipt of a pension under this section re-marries, the pension ceases.

Pension to widow or widower on death of retired Judge.
"8. (1) Where a retired Judge dies leaving a widow or widower whose marriage to the retired Judge occurred—

    (a) before the retirement; or
    (b) after the retirement but—
(i) before the retired Judge attained the age of sixty years; or
(ii) not less than five years before the retired Judge died,
a pension shall be paid to the widow or widower at a rate equal to five-eighths of the rate of the pension that would have been payable to the retired Judge if he or she had not died.
"(2) If a widow or widower in receipt of a pension under this section re-marries, the pension ceases.

Pension in respect of children on death of Judge.
"9. Where a Judge dies leaving a widow or widower, there shall, in addition to any pension that is payable to the widow or widower under section 7, be paid to the widow or widower, in respect of