5 Surviving spouse's [and surviving civil partner's] pension

5  Surviving spouse's [and surviving civil partner's] pension

(1)     In any case where—

(a)     a person (“the deceased”) to whom this Part applies dies leaving a surviving spouse [or surviving civil partner], and

(b)     their marriage took place [or their civil partnership was formed] before the deceased retired from qualifying judicial office,

the surviving spouse [or surviving civil partner] shall be entitled to a pension for life . . . in respect of the deceased's service in such office, at an annual rate equal to one-half of the annual rate of the deceased's judicial pension.

[(1A)     For the purposes of this Act—

(a)     a pension under this section which is payable to a surviving spouse is a “surviving spouse's pension”, and

(b)

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