Document ID: chunk:federal_register_of_legislation:C2004A04476:body:0:p11
Version: federal_register_of_legislation:C2004A04476
Segment Type: other
Provision Reference: 
Character Range: 25608–28430

the retired Judge reached the age of 60; and

  (c)     less than 5 years before the retired Judge died;

pension is not, upon the retired Judge's death, payable under this section in respect of a child of that marital relationship.".

SCHEDULE—continued

Subsection 11(1):

     (a)       Omit "of the widow or widower or of the Judge or retired Judge (other than a child of any re-marriage of the widow or widower)", substitute "of the Judge or retired Judge,".

     (b)      Omit "widow or widower" (wherever occurring), substitute "spouse".

Subsection 11(3):

  Omit the subsection, substitute:

  "(3) If a retired Judge entered into a marital relationship:

  (a)     after retirement; and

  (b)     after the retired Judge reached the age of 60; and

  (c)     less than 5 years before the retired Judge died;

pension is not, upon the death of the person with whom the retired Judge had that relationship, payable under this section in respect of a child of that marital relationship.".

Subsection 12(1):

  (a)       Omit "widow or widower", substitute "spouse".

     (b)       Omit "or of a person (whether deceased or not) who was at any time the wife or husband of the Judge or retired Judge".

Subsection 12(3):

  Omit the subsection, substitute:

  "(3) If a retired Judge entered into a marital relationship:

   (a)     after retirement; and

   (b)     after the retired Judge reached the age of 60; and

   (c)     less than 5 years before the retired Judge died;

pension is not, upon the retired Judge's death, payable under this section in respect of a child of that marital relationship.".

Subsection 15(1):

  Omit "widow or widower", substitute "spouse".

Subsection 15(2):

  Omit "widow or widower", substitute "spouse".

After section 15:

  Insert:

SCHEDULE—continued

Allocation of pension if a deceased Judge or retired Judge is survived by more than one spouse

"15A.(1) If a Judge or retired Judge dies leaving more than one spouse, the Attorney-General must allocate any pension (including pension in respect of any eligible children) payable to a spouse in respect of the deceased Judge or retired Judge under this Act among the spouses.

"(2) The Attorney-General must have regard to the respective needs of the spouses and eligible children (if any) when making the allocation.

"(3) Subject to subsections (4) and (5), a pension is only payable to each of the spouses in accordance with the allocation.

"(4) The rate of pension payable to a spouse under the allocation in respect of the spouse or any eligible children must not exceed the applicable rate (as provided in section 7, 8, 9, 10, 11 or 12) of the relevant pension in relation to the Judge or retired Judge.

"(5) The aggregate of the rates of pension payable under an allocation must not exceed 100% of the rate of