New South Wales Consolidated Acts

STATE AUTHORITIES NON-CONTRIBUTORY SUPERANNUATION ACT 1987 - SECT 24B

24B Competing claims for spouses’ or de facto partners’ benefits

(1) This section applies to a benefit which is payable to the spouse or de facto partner of a deceased employee or deceased former employee.

(2) If a benefit would be payable to more than one person because a deceased employee or deceased former employee has left more than one spouse or de facto partner, then, despite any other provision of this Act:

(a) the benefit is payable in accordance with a determination made by STC, and not otherwise, and

(b) the total amount of benefit payable to those persons at any time is not to exceed the amount of benefit that would be payable if there were only one spouse or de facto partner.

(3) For the purposes of subsection (2) (a), STC may determine in relation to a benefit:

(a) that the benefit is not payable to such of the persons concerned as it specifies, or

(b) that the amount of the benefit is to be apportioned between the persons concerned in such manner as it specifies.

(4) STC may withhold the payment of any part of a benefit:

(a) until 30 days after the death of the employee or former employee in respect of which it is payable, or

(b) if an application has been made for the benefit by more than one person, until it is satisfied that only one of those persons is entitled to the benefit or until a determination is made in relation to the matter by STC under this section.

(5) If, after 30 days from the death of an employee or former employee, the whole or part of a benefit is paid to a spouse or de facto partner of the deceased employee or deceased former employee:

(a) a benefit is not payable to any other spouse or de facto partner of the deceased employee or deceased former employee if the whole of the benefit is paid, or

(b) so much of a benefit as is equal to the amount of the benefit so paid is not payable to any other spouse or de facto partner of the deceased employee or deceased former employee if part of the benefit is paid.

(6) For the purposes of subsection (5), an amount paid in good faith by STC to a person purporting to be the spouse or de facto partner of a deceased employee or deceased former employee is taken to have been paid to the spouse or de facto partner of the employee or former employee.

(7) If, after 30 days from the death of an employee or former employee, any amount is paid under this Act to the employee’s personal representatives or to such other persons as STC may determine, any benefit which is payable to the spouse or de facto partner of the employee or former employee is to be reduced by the amount so paid.