(1) A judicial officer, not qualified for a pension under section 8, who has not had continuous service as a judicial officer for at least 5 years may, on his or her retirement or resignation from judicial office after he or she has served in such office for a period of 3 or more continuous years, be granted a gratuity not exceeding 25 per cent of his or her annual salary, including allowances for housing and utilities.
(2) A gratuity payable to a judicial officer under subsection (1) shall be paid by the Member State or Territory to which the judicial officer has been assigned for the purposes of pension on the judicial officer attaining the retirement age.