SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--SUPERANNUATION) ACT 2008 - SECT 4 Entitlements from 1 July 2008

SAME-SEX RELATIONSHIPS (EQUAL TREATMENT IN COMMONWEALTH LAWS--SUPERANNUATION) ACT 2008 - SECT 4

  (1)   If:

  (a)   a person would have been entitled to one or more payments (the lost payments ) under an Act that is amended by Schedule   1, 2, 3 or 5 to this Act if the relevant Schedule had commenced on 1   July 2008; and

  (b)   because the Schedule did not commence until after 1   July 2008, the person is not entitled to the payment or payments; and

  (c)   the person makes an application to the Finance Minister for one or more payments (the replacement payments ) to compensate the person for the lost payments;

the Finance Minister must make a determination, in accordance with subsection   ( 4), to fully compensate the person.

  (2)   If:

  (a)   a person would have been entitled to one or more payments (the lost payments ) under the Military Superannuation and Benefits Act 1991 if the first amendment of the Trust Deed under that Act that is made after the commencement of this section had commenced on 1   July 2008; and

  (b)   because that amendment did not commence until after 1   July 2008, the person is not entitled to the payment or payments; and

  (c)   the person makes an application to the Finance Minister for one or more payments (the replacement payments ) to compensate the person for the lost payments;

the Finance Minister must make a determination, in accordance with subsection   ( 4), to fully compensate the person.

  (3)   If:

  (a)   a person would have been entitled to one or more payments (the lost payments ) under the Superannuation Act 1990 if the first amendment of the Trust Deed under that Act that is made after the commencement of this section had commenced on 1   July 2008; and

  (b)   because that amendment did not commence until after 1   July 2008, the person is not entitled to the payment or payments; and

  (c)   the person makes an application to the Finance Minister for one or more payments (the replacement payments ) to compensate the person for the lost payments;

the Finance Minister must make a determination, in accordance with subsection   ( 4), to fully compensate the person.

  (4)   A determination by the Finance Minister under this subsection must:

  (a)   be in writing; and

  (b)   set out:

  (i)   the amount and timing of the replacement payments; or

  (ii)   the method of determining the amount and timing of the replacement payments.

  (5)   An application must be in writing in the form approved by the Finance Minister.

  (6)   To avoid doubt, a determination of the Finance Minister that a person is entitled to one or more replacement payments does not affect the entitlements of any other person under an Act amended by Schedule   1, 2, 3 or 5 to this Act, the Military Superannuation and Benefits Act 1991 or the Superannuation Act 1990 .

  (7)   Replacement payments are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

  (8)   A determination made under this section is not a legislative instrument.

  (9)   In this section:

"Finance Minister" means the Minister who administers the Public Governance, Performance and Accountability Act 2013 .