CONSTITUTION ACT 1975 - SECT 7J Payment and commutation of pension of former Governor's partner
CONSTITUTION ACT 1975 - SECT 7J
Payment and commutation of pension of former Governor's partner(1) If an election under section 7H is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge.
S. 7J(2) amended by No. 23/2008 s. 4(2).
(2) On payment of the lump sum, the pension of a person entitled to receive a pension as the partner of the deceased former Governor otherwise payable from time to time under this Act must be reduced to the extent determined under section 7I.
(3) For the purposes of section 7I—
S. 7J(3)(a) amended by No. 23/2008 s. 4(2).
(a) the reduction of any future entitlement of the Governor's partner to a pension must not exceed 15% of—
S. 7J(3)(a)(i) amended by No. 23/2008 s. 4(2).
(i) an amount equal to the total pension entitlement of the Governor and his or her partner on the day on which the Governor resigned or retired; or
S. 7J(3)(a)(ii) amended by No. 23/2008 s. 4(3).
(ii) in the case of the Governor's death while in office, an amount equal to his or her partner's total pension entitlement on the day on which the Governor died; and
(b) the reduction must be a fixed percentage to be applied to the pension entitlement under the Act; and
(c) the reduction must be applied from the day of payment of the lump sum under subsection (1).
Constitution Act s. XXVIII.