Victorian Consolidated Legislation

Constitution Act 1975 - SECT 7H

Election of Governor's partner to commute pension for payment of superannuation contributions surcharge

7H. Election of Governor's partner to commute pension for payment of
superannuation contributions surcharge







(1) If no election made under section 7B or 7E is in operation, a person who
is entitled to receive a pension under this Act as the partner of a deceased
former Governor may elect to have part of his or her pension 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 to receive a pension under this Act or
the entitlement of the deceased former Governor's 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 was issued in
        respect of the deceased 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
        pension; and

   (c)  authorise the Minister to pay the lump sum on behalf of the person who
        is entitled to receive a pension under this Act as the partner of a
        deceased former Governor 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.