11(1)Subject to subsections (8) to (12) and 28(5) and (8) and section 30, the surviving spouse or surviving common-law partner of a judge is immediately entitled, on the judge’s death, to be paid a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, calculated in accordance with subsection (3), (4), (5), (6) or (7), as the case may be, if the judge, at that time

11(2)Subject to sections 12, 13 and 30, a surviving spouse’s pension ceases on that surviving spouse’s death and a surviving common-law partner’s pension ceases on that surviving common-law partner’s death.

11(3)The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(a) shall be 50% of the annual pension that would have been payable to the judge if the judge had continued in service as a judge to the age of 65, calculated using the judge’s average salary as of the date of the judge’s death.

11(4)The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(b) shall be 50% of the annual pension that would have been payable to the judge if the judge had continued to be paid a disability benefit to the age of 65.

11(5)The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(c) shall be 50% of the annual pension that would have been payable to the judge if the judge had retired on the date of the judge’s death.

11(6)The amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(d) shall be 50% of the deferred pension that would have been payable to the judge under subsection 17(2) when payment of the deferred pension would have begun to be paid, including any annual adjustment as provided for under section 27 between the date on which the judge began retirement and the date of the judge’s death.

11(7)Subject to section 13, the amount of a surviving spouse’s pension or surviving common-law partner’s pension to be paid to the surviving spouse or surviving common-law partner, as the case may be, of a judge referred to in paragraph (1)(e) shall be 50% of the annual pension being paid to the judge on the date of the judge’s death.

11(8)Despite anything else in this Act, if a judge who is being paid an annual pension dies, no person is entitled to be paid a surviving spouse’s pension unless the person was the spouse of the judge on the date when the annual pension began to be paid to the judge.

11(9)Despite anything else in this Act, if a judge who is being paid an annual pension dies, no person is entitled to be paid a surviving common-law partner’s pension unless the person was the common-law partner of the judge on the date when the annual pension began to be paid to the judge and on the date of the judge’s death.

11(10)Subject to subsections (12) and 28(5) and (8), the surviving spouse of a judge is entitled to a surviving spouse’s pension, if otherwise eligible, and the surviving common-law partner of that judge is not entitled to a surviving common-law partner’s pension if

11(11)The spouse or common-law partner of a judge may enter into a written agreement with the judge that waives his or her entitlement to a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be.

11(12)A surviving spouse is not entitled to a surviving spouse’s pension and a surviving common-law partner is not entitled to a surviving common-law partner’s pension if there is