New South Wales Consolidated Acts

NEW SOUTH WALES RETIREMENT BENEFITS ACT 1972 - SECT 31E

31E Special provisions applicable to certain classes of pensions

(1) In this section, "special pension" means a pension payable under section 26 (7) (b) or (d), section 27 (2) (b) or (d) or section 29 (2) (a) (ii).

(2) For the purposes of this section:

(a) a person in receipt of a special pension shall be deemed also to be in receipt of a notional pension,

(b) that notional pension is the pension that, in the opinion of the Board, would be payable if that person’s pension had always been payable under section 26 (7) (a) or (c), section 27 (2) (a) or (c) or section 29 (2) (a) (i), as the case may require, and

(c) that notional pension shall be deemed to be adjusted under this Part as if it were the pension actually payable to that person.

(3) Notwithstanding anything in this Part, where a person’s notional pension is deemed to be adjusted by an amount, his special pension shall be adjusted by that amount, instead of by any other amount.

(4) Nothing in subsection (3) affects the operation of the provisions of section 26 (7) (b) or (d), section 27 (2) (b) or (d) or section 29 (2) (a) (ii) in so far as they provide for the increase of a special pension.