New South Wales Consolidated Acts

NEW SOUTH WALES RETIREMENT BENEFITS ACT 1972 - SECT 59A

59A Suspension of part of pension in certain circumstances

(1) Notwithstanding anything in this Act, where a person entitled to receive a pension payable under this Act (including any increase payable under Part 4A) would, in the opinion of the Board, thereby be prejudicially affected in respect of any benefits otherwise receivable by that person, the amount of pension payable shall be such lesser amount than that provided for under this Act as the Board from time to time determines.

(2) Where the Board, under subsection (1), reduces the amount of an increase payable under Part 4A, the amount of the increase as determined by the Board shall be payable in respect of such periods or at such times by way of lump sum or otherwise as the Board from time to time determines.

(3) A part of a pension that is not paid because of the Board’s determination under subsection (1) shall, in calculating a pension payable to a person by virtue of that person’s being the spouse of a pensioner, be taken into account as if it had been payable.