s. 83 being payable under section 82 in respect of the office held by the Judge at the date of death or by the former Judge at the date of resignation or retirement, as the case requires. (2A) Where there are eligible children of a deceased S. 83(2A) inserted by judge and no pension is otherwise payable under No. 9468 subsection (1) or (2) to or in respect of that judge s. 2(d). there shall be paid to such person or persons as the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (2B). (2B) The pension applicable to each child shall be the S. 83(2B) inserted by amount of the pension that would be payable to No. 9468 s. 2(d), the partner of the judge if the partner was entitled amended by to a pension under this Part divided by four or the No. 23/2008 s. 6(2)(a). number of eligible children (whichever is the greater). S. 83(2C) (2C) Eligible child in relation to a judge means a child inserted by adopted child or stepchild of the judge or his or No. 9468 her partner— s. 2(d), amended by No. 23/2008 (a) who is under the age of 16 years; or s. 7. S. 83(2C)(b) (b) who— amended by No. 9902 (i) has attained the age of 16 years but is s. 2(1)(Sch. under the age of 25 years; and item 29). (ii) is receiving full-time education at a school college or university. (3) Notwithstanding subsection (2), no pension is S. 83(3) inserted by payable to the partner of any former Judge in any No. 46/1987 case where that partner married or became the s. 6, substituted by domestic partner of the former Judge after that No. 23/2008 Judge's resignation or retirement, unless in the s. 6(3). case of marriage, the spouse was the domestic partner of the Judge immediately prior to that Judge's resignation or retirement.
being payable under section 82 in respect of the office held by the Judge at the date of death or by the former Judge at the date of resignation or retirement, as the case requires. S. 83(2A) inserted by No. 9468 s. 2(d). (2A) Where there are eligible children of a deceased judge and no pension is otherwise payable under subsection (1) or (2) to or in respect of that judge there shall be paid to such person or persons as the Attorney-General directs a pension in respect of each eligible child at the rate of pension applicable to the child under subsection (2B). S. 83(2B) inserted by No. 9468 s. 2(d), amended by No. 23/2008 s. 6(2)(a). (2B) The pension applicable to each child shall be the amount of the pension that would be payable to the partner of the judge if the partner was entitled to a pension under this Part divided by four or the number of eligible children (whichever is the greater). S. 83(2C) inserted by No. 9468 s. 2(d), amended by No. 23/2008 s. 7. (2C) Eligible child in relation to a judge means a child adopted child or stepchild of the judge or his or her partner— (a) who is under the age of 16 years; or S. 83(2C)(b) amended by No. 9902 s. 2(1)(Sch. item 29). (b) who— (i) has attained the age of 16 years but is under the age of 25 years; and s. 83 (ii) is receiving full-time education at a school college or university. S. 83(3) inserted by No. 46/1987 s. 6, substituted by No. 23/2008 s. 6(3). (3) Notwithstanding subsection (2), no pension is payable to the partner of any former Judge in any case where that partner married or became the domestic partner of the former Judge after that Judge's resignation or retirement, unless in the case of marriage, the spouse was the domestic partner of the Judge immediately prior to that Judge's resignation or retirement.
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