Queensland Consolidated Acts Queensland Consolidated Acts(1) If a retired judge dies leaving a spouse, the spouse is entitled to a pension at a rate equal to 50% of the judge's notional pension.
(2) However—
(a) if the spouse is a husband or wife, the spouse is entitled to a pension under subsection (1) only if his or her marriage to the retired judge happened before the judge's retirement; and
(b) if the spouse is a civil partner, the spouse is entitled to a pension under subsection (1) only if the spouse entered into the civil partnership with the retired judge before the judge's retirement; and
(c) if the spouse is a de facto partner, the spouse is entitled to a pension under subsection (1) only if—
(i) the spouse was a spouse of the retired judge both when the judge retired and when the judge died; and
(ii) the retired judge and the spouse had lived together as a couple—
(A) for a continuous period of at least 2 years ending on the death; or
(B) for a shorter period ending on the death, if the circumstances of the de facto relationship of the judge and the spouse evidenced a clear intention that the relationship be a long term, committed relationship; and
(d) if the retired judge died leaving more than 1 spouse—
(i) the pensions of all the spouses are limited to the pension (the total pension) that would have been payable had the judge died leaving only 1 spouse; and
(ii) the total pension must be apportioned between the spouses in the way the Minister considers appropriate.
(3) Subsection (2)(c) applies despite the Acts Interpretation Act 1954, section 32DA(6).