Commonwealth Numbered Acts

DEFENCE FORCE SUPERANNUATION LEGISLATION AMENDMENT ACT 1991 No. 126 of 1991 - SECT 29

29. After section 57 of the Principal Act the following section is inserted:
Set off against widow's pension in certain circumstances

"57A. Where:

   (a)  the widow of a deceased male pensioner is entitled to a pension under
        subsection 57 (3A); and

   (b)  there is paid into an account with a bank, credit union or building
        society (in this section called the `financial institution') an amount
        purporting to be an instalment of pension payable to the pensioner in
        respect of a period in respect of which a pension is payable to the
        widow under subsection 57 (3A); and

   (c)  the financial institution pays, out of that account, to the widow an
        amount not exceeding the amount so paid into the account; then, in
        spite of any other law:

   (d)  the financial institution is not liable to the Commonwealth, the
        personal representative of the deceased pensioner or anyone else for
        any loss incurred because of the payment of that amount to the widow;
        and

   (e)  an amount equal to the amount so paid by the financial institution to
        the widow must be set off against any amount of pension payable to her
        under subsection 57 (3A).".