Victorian Consolidated Legislation

Constitution Act 1975 - SECT 7E

Election of former Governor to commute pensions for payment of superannuation contributions surcharge

7E. Election of former Governor to commute pensions for payment of
superannuation contributions surcharge



(1) If no election under section 7B is in operation, a former Governor who is
entitled to receive a pension under this Act may elect to have part of his or
her pension and that of his or her partner commuted to provide a lump sum for
the purposes of payment of the whole or part of the liability for the
superannuation contributions surcharge arising because of the entitlement of
the former Governor or his or her partner to receive a pension under this Act.

(2) An election under subsection (1) must-

   (a)  be made in writing to the Minister within 60 days after the day on
        which a superannuation contributions surcharge notice is issued in
        respect of a former Governor's pension or his or her partner's
        pension; and

   (b)  specify the amount of the lump sum (not exceeding the superannuation
        contributions surcharge) to be provided by the commutation of the
        pensions; and

   (c)  authorise the Minister to pay the lump sum on behalf of the former
        Governor or his or her partner to the Commissioner of Taxation to be
        applied wholly towards payment of the superannuation contributions
        surcharge; and

   (d)  be accompanied by a copy of the superannuation contributions surcharge
        notice.