STATUTES AMENDMENT (DOMESTIC PARTNERS) ACT 2006 (NO 43 OF 2006) - SECT 135
STATUTES AMENDMENT (DOMESTIC PARTNERS) ACT 2006 (NO 43 OF 2006) - SECT 135
135—Substitution of sections 8 and 9
Sections 8 and 9—delete the sections and substitute:
8—Death of Judge or former Judge
If a Judge or former Judge dies and is survived by a spouse or domestic
partner, the spouse or domestic partner is entitled to a pension for life at
the rate of two-thirds of the notional pension of the deceased Judge or former
Judge.
9—Division of benefit where deceased Judge or former Judge is survived
by spouse and domestic partner
(1) If a deceased
Judge, or deceased former Judge, is survived by a spouse and a
domestic partner, any benefit to which a surviving spouse or domestic partner
is entitled under this Act will be divided between them in a ratio determined
by reference to the relative length of the periods for which each of them
cohabited with the deceased as his or her spouse or domestic partner (as the
case may be).
(2) If a number of
periods of cohabitation are to be aggregated for the purpose of determining an
aggregate period of cohabitation for the purpose of subsection (1), any
separate period of cohabitation of less than 3 months will be
disregarded.
(3) A surviving spouse
or domestic partner must, at the request of the Treasurer, furnish the
Treasurer with any information that the Treasurer requires for the purposes of
making a division under subsection (1).
(4) If—
(a) a
deceased Judge, or deceased former Judge, is survived by a spouse and a
domestic partner; and
(b) a
benefit is paid to 1 of them on the assumption that he or she is the sole
surviving spouse or domestic partner of the deceased,
the other spouse or domestic partner has no claim on the benefit insofar as it
has already been paid unless that spouse or domestic partner gave the
Treasurer notice of his or her claim before the date of payment.