Section 17K—delete the section and substitute:
17K—Pension not payable to spouse on death of Judge if split has
occurred
If a Judge dies and is survived by a spouse who—
(a) has
received, is receiving or is entitled to receive a benefit under a splitting
instrument; or
(b) is,
under the terms of a splitting instrument, not entitled to any amount arising
out of the Judge's pension interest under this Act (or any proportion of such
an interest),
the spouse is not entitled to a benefit under this Act in respect of the
deceased Judge (except in accordance with the instrument).