Document ID: chunk:federal_register_of_legislation:C2004A00035:body:0:p28
Version: federal_register_of_legislation:C2004A00035
Segment Type: other
Provision Reference: 
Character Range: 65268–67750

children) the annual amount of the pension that, but for the death of the widow or widower and but for any re-marriage of the widow or widower, would, by virtue of section 7 or 8, have been payable to the widow or widower.
"(3) Where a retired Judge married—
    (a) after retirement;
    (b) after the retired Judge attained the age of sixty years; and
    (c) less than five years before the retired Judge died,
pension is not, upon the death of the widow or widower of the retired Judge, payable under this section in respect of—
    (d) a child of that marriage; or
    (e) any other child of the widow or widower.

Pension in respect of children on death of Judge or retired Judge when widows' pension or widowers' pension not payable.
"12. (1) Subject to this section, where a Judge or retired Judge has died without leaving a widow or widower who became entitled, upon the death of the Judge or retired Judge, to a pension under this Act, there shall be paid, in respect of each eligible child of the Judge or retired Judge or of a person (whether deceased or not) who was at any time the wife or husband of that Judge or retired Judge, a pension at the rate of Five hundred and twenty dollars per annum or at the rate of such amount per annum as is determined in accordance with sub-section (2), whichever is the higher rate.

"(2) The amount to be determined for the purposes of sub-section (1) is the sum of Two hundred and eight dollars and an amount ascertained by dividing by four (or, if the number of eligible children in respect of whom pension is payable under this section is greater than four, by the number of those children) the annual amount of the pension that would, by virtue of section 7, have been payable to a widow or widower of the Judge, or would, by virtue of section 8, have been payable to a widow or widower of the retired Judge whose marriage to the retired Judge occurred before the retirement of the retired Judge.
"(3) This section does not apply in relation to—
    (a) a child of a re-marriage of a former wife or husband of the Judge or retired Judge; or
    (b) a child of a marriage of the retired Judge that occurred—
(i) after the retirement of the Judge;
(ii) after the retired Judge attained the age of sixty years; and
(iii) less than five years before the retired Judge died.".

Special provision relating to children's pensions.
37. Section 15 of the Principal Act is amended by inserting in sub­section (2), after the word "widow"