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CONSTITUTION ACT 1975 - SECT 7H Election of Governor's partner to commute pension for payment of superannuation contributions surcharge

CONSTITUTION ACT 1975 - SECT 7H

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

S. 7H(1) amended by No. 23/2008 s. 4(2).

    (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—

S. 7H(2)(a) amended by No. 23/2008 s. 4(3).

        (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

S. 7H(2)(c) amended by No. 23/2008 s. 4(2).

        (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.

S. 7I (Heading) amended by No. 23/2008 s. 4(2).

S. 7I

inserted by No. 19/2001 s. 6.