Commonwealth Consolidated Acts

JUDGES' PENSIONS ACT 1968 - SECT 7

  (1)   Subject to section   17AH, if a Judge dies leaving a spouse, a pension shall be paid to the spouse at a rate equal to 62.5% of the rate of the relevant pension in relation to the Judge.

Note:   If section   17AD applies in relation to the spouse pension, the rate of the relevant pension may be reduced under subsection   17AD(4).

  (2)   If:

  (a)   but for this subsection, the rate of the relevant pension in relation to the Judge would have been worked out under subsection   6B(2); and

  (b)   the spouse gives the Secretary of the Department a written notice within 2 months after the death of the Judge electing to have the relevant pension worked out under section   6C, rather than subsection   6B(2);

the rate of the relevant pension is taken to be the rate worked out under section   6C, rather than the rate worked out under subsection   6B(2).