New South Wales Consolidated Acts

JUDGES' PENSIONS ACT 1953 - SECT 16B

16B Competing claims by surviving spouses for pensions and benefits

(1) This section applies to the following pensions or lump sum benefits payable under this Act:

(a) a pension payable to the surviving spouse of a deceased judge or retired judge under section 6,

(b) a lump sum benefit payable to the surviving spouse of a deceased former judge or former acting judge under section 14.

(2) If a pension or lump sum benefit to which this section applies would be payable to more than 1 person because a judge, retired judge, former judge or former acting judge (the "deceased person") has died leaving more than 1 surviving spouse:

(a) the pension or lump sum benefit is payable in accordance with a determination made by the Minister, and not otherwise, and

(b) the total amount of pension or lump sum benefit payable to those persons at any time is not to exceed the amount that would be payable if there were only 1 spouse.

(3) For the purposes of subsection (2) (a), the Minister may determine in relation to a pension or lump sum benefit to which this section applies:

(a) that the pension or lump sum benefit is not payable to such of the persons concerned as the Minister specifies, or

(b) that the amount of the pension or lump sum benefit is to be apportioned between the persons concerned in such manner as the Minister specifies.

(4) The payment of any pension or lump sum benefit to which this section applies is to be withheld, if the Minister so directs:

(a) until 30 days after the death of the person as a consequence of which the pension or lump sum benefit is payable, or

(b) if an application has been made for the pension or lump sum benefit by more than 1 person purporting to be the spouse of a deceased person, until the Minister is satisfied as to the 1 person to whom the pension or lump sum benefit is payable or until a determination is made in relation to the matter by the Minister.

(5) If, after 30 days from the death of a person, a pension or lump sum benefit to which this section applies is paid in respect of any period to the spouse of the deceased person, a pension or lump sum benefit to which this section applies is not payable to any other spouse of the deceased person in respect of that period, unless the Minister has made a determination to apportion the pension or lump sum benefit under subsection (3) (b).

(6) If, after 30 days from the death of a person, part of a pension is commuted by a surviving spouse under section 12, so much of the pension as is equal to the amount of the pension so commuted is not payable to any other spouse of the deceased person.

(7) For the purposes of subsections (5) and (6), an amount paid in good faith to a person purporting to be the spouse of a deceased person is taken to have been paid to such a spouse.

(8) If, after 30 days from the death of a person, any amount is paid under this Act to the person’s personal representatives or to such other persons as the Minister may determine, any pension or lump sum benefit to which this section applies payable to the spouse of the deceased person is to be reduced by the amount so paid.