Document ID: chunk:federal_register_of_legislation:C2004A00035:body:0:p25
Version: federal_register_of_legislation:C2004A00035
Segment Type: other
Provision Reference: 
Character Range: 58317–60981

who is entitled to make an election under this section dies within the period of three months referred to in sub-section (1), or within any period for which that period has been extended in relation to that person under sub-section (2), without making such an election, or a person who died before the commencement of this Act would, if he had not died, have been entitled to make such an election—
    (a) if the person leaves a widow or widower—the widow or widower may make such an election within twenty-one days after the date of the death of the person or the date of commencement of this Act, whichever is the later; or

    (b) if the person does not leave a widow or widower, or the widow or widower dies within the period referred to in paragraph (a) without making such an election, but the person leaves an eligible child or eligible children within the meaning of section 19aa of the Parliamentary Retiring Allowances Act 1948-1973—such an election may be made within that period by such person as the Trust permits,
and, in that case, sub-section (1) has effect as if the election had been made by the first-mentioned person.
(5) The Trust may, if it is satisfied that there are special circumstances that justify it in so doing, extend the period referred to in paragraph (4) (a) or (b).

Part III—Judicial Retiring Allowances

Citation.
33.(1) The Judges' Pensions Act 1968 is in this Part referred to as the Principal Act.
(2) The Principal Act, as amended by this Part, may be cited as the Judges' Pensions Act 1968-1973.

Interpretation.
34. Section 4 of the Principal Act is amended—
    (a) by inserting in sub-section (1), before the definition of "child", the following definition:—
        "'appropriate current judicial salary', in relation to a Judge who has retired or died, means salary at the rate that would be payable to the Judge if he had not retired or died and, in the case of a Judge who was the Chief Judge, or a Judge other than the Chief Judge, of the Common­wealth Court of Conciliation and Arbitration, he had been the Chief Judge, or a Judge other than the Chief Judge, as the case may be, of the Commonwealth Industrial Court;";

    (b) by omitting from the definition of "eligible child" in sub-section (1) the word "twenty-one" and substituting the word "twenty-five";
    (c) by omitting from the definition of "retired Judge" in sub-section (1) 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".
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