(b) has become afflicted with a permanent incapacity that disables him or her from the due execution of the office— is, on resignation or retirement, entitled to a pension payable fortnightly at the rate of the pension that would have been payable under subsection (1A) if he or she had held office until attaining the age of 70 years. (2) On the death of an Associate Judge, a former S. 104A(2) amended by Associate Judge or a former Master his or her Nos 23/2008 s. 16(2)(a)(b), partner is, until death or marriage or until the 24/2008 partner becomes the domestic partner of another s. 29(2)(d). person, entitled to a pension payable fortnightly at the annual rate of 3/8ths of the annual salary for the time being applicable to the former office of the Associate Judge or former Associate Judge or the office of Associate Judge that is equivalent to the former office of the former Master, as the case requires. (3) A pension is not payable under subsection (2) to S. 104A(3) amended by the partner of an Associate Judge, a former Nos 23/2008 Associate Judge or former Master where the s. 16(2)(a)(c), 24/2008 marriage took place or the domestic partnership s. 29(2)(e). was entered into after the Associate Judge's or former Master's resignation or retirement. S. 104A(4) (4) On the death of an Associate Judge, a former amended by Associate Judge or a former Master in respect of No. 24/2008 s. 29(2)(f). whom no pension is payable under subsection (2) any eligible child of the Associate Judge, former Associate Judge or former Master is entitled to a pension payable fortnightly at the annual rate set out in subsection (2) divided by 4 or the number of eligible children, whichever is the greater. (5) An eligible child of an Associate Judge, a former S. 104A(5) amended by Associate Judge or former Master or his or her Nos 23/2008 s. 17, 24/2008 partner is a child, adopted child or stepchild of the s. 29(2)(g).
(b) has become afflicted with a permanent incapacity that disables him or her from the due execution of the office— is, on resignation or retirement, entitled to a pension payable fortnightly at the rate of the pension that would have been payable under subsection (1A) if he or she had held office until attaining the age of 70 years. S. 104A(2) amended by Nos 23/2008 s. 16(2)(a)(b), 24/2008 s. 29(2)(d). (2) On the death of an Associate Judge, a former Associate Judge or a former Master his or her partner is, until death or marriage or until the partner becomes the domestic partner of another person, entitled to a pension payable fortnightly at the annual rate of 3/8ths of the annual salary for the time being applicable to the former office of the Associate Judge or former Associate Judge or the office of Associate Judge that is equivalent to the former office of the former Master, as the case requires. S. 104A(3) amended by Nos 23/2008 s. 16(2)(a)(c), 24/2008 s. 29(2)(e). (3) A pension is not payable under subsection (2) to the partner of an Associate Judge, a former Associate Judge or former Master where the marriage took place or the domestic partnership was entered into after the Associate Judge's or former Master's resignation or retirement. S. 104A(4) amended by No. 24/2008 s. 29(2)(f). (4) On the death of an Associate Judge, a former Associate Judge or a former Master in respect of whom no pension is payable under subsection (2) any eligible child of the Associate Judge, former Associate Judge or former Master is entitled to a pension payable fortnightly at the annual rate set out in subsection (2) divided by 4 or the number of eligible children, whichever is the greater. S. 104A(5) amended by Nos 23/2008 s. 17, 24/2008 s. 29(2)(g). (5) An eligible child of an Associate Judge, a former Associate Judge or former Master or his or her partner is a child, adopted child or stepchild of the
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