STATE AUTHORITIES SUPERANNUATION ACT 1987 - SECT 43AB Competing claims for spouses' or de facto partners' benefits

STATE AUTHORITIES SUPERANNUATION ACT 1987 - SECT 43AB

43AB 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 contributor or deceased former contributor.

(2) If a benefit would be payable to more than one person because a deceased contributor or deceased former contributor 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 after 30 days after the death of the contributor or former contributor in respect of which the benefit 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 a contributor or former contributor, the whole or part of a benefit is paid to a spouse or de facto partner of the deceased contributor or deceased former contributor--

(a) a benefit is not payable to any other spouse or de facto partner of the deceased contributor or deceased former contributor 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 contributor or deceased former contributor 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 contributor or deceased former contributor is taken to have been paid to the spouse or de facto partner of the contributor or former contributor.

(7) If, after 30 days from the death of a contributor or former contributor, any amount is paid under this Act to the contributor'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 contributor or former contributor is to be reduced by the amount so paid.