(a) to a judge appointed on or after June 19, 1969, the judge’s surviving spouse, surviving common-law partner, dependent child and estate and the legal representative of any of them, if the judge has not filed a certificate of a qualified medical practitioner in accordance with New Brunswick Regulation 84-104 under the Provincial Court Act, certifying that the judge is physically able to carry out the normal functions of the judge’s office, and

(b) to a surviving spouse of a judge who dies within two years after the date of the marriage if the Minister is not satisfied that the judge on the date of the marriage was in a condition of health that would justify him or her in expecting to survive for at least two years.