(1) Subject to subsections (2) and (5), a pension payable under section 8 or 9 must be paid monthly in arrears with effect from the date of retirement in pensionable circumstances and, subject to this Act, continues to be paid during the lifetime of the person entitled to the pension.
(2) A judicial officer, otherwise qualified for pension under section 8(a)(i), (b)(i), (c)(i) or (d)(i), who resigns from office before attaining the retirement age, shall —
(a) receive a pension under section 8 or a reduced pension and gratuity under section 9 on attaining the retirement age; and
(b) at the time of resignation specify whether he or she opts to receive a pension in accordance with section 8 or a reduced pension and gratuity under section 9.
(3) Subject to subsection (4), where a person referred to under subsection (2) dies before attaining the retirement age, there must be paid to his or her spouse —
(a) a spouse's pension in accordance with section 10; or
(b) where the person opted under subsection (2)(b) to receive a reduced pension and gratuity under section 9 —
(i) a pension equal to two-thirds of the reduced pension, and
(ii) a gratuity equal to two-thirds of the gratuity,
which that person would have been entitled to receive under subsection (2)(a) if he or she had attained the retirement age.
(4) Where a person referred to under subsection (2) dies before attaining the retirement age and without leaving a spouse, a gratuity must be paid to his or her estate and the gratuity must be computed in the same manner as if he or she had opted under subsection (2)(b) to receive a reduced pension and gratuity under section 9.
(5) A pension under section 8 or a reduced pension and gratuity under section 9 shall be paid if the Chief Justice certifies, in writing, to the Commission that the person entitled to receive it has completed all outstanding judgments and other judicial assignments to the satisfaction of the Chief Justice.