Commonwealth Consolidated Acts

JUDGES' PENSIONS ACT 1968 - SECT 10

  (1)   Subject to this section, where a retired Judge dies leaving a spouse, there shall, in addition to any pension that is payable to the spouse under section   8, be paid to the spouse, in respect of any eligible child, or any eligible children, of the retired Judge, a pension at a rate equal to the applicable percentage of the rate of the pension that would have been payable to the retired Judge if he or she had not died.

  (1A)   For the purposes of subsection   (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%.

  (2)   If a retired Judge entered into a marital or couple 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 or couple relationship.