Victorian Consolidated Legislation

Constitution Act 1975 - SECT 7J

Payment and commutation of pension of former Governor's partner

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.

(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-

   (a)  the reduction of any future entitlement of the Governor's partner to a
        pension must not exceed 15% of-

   (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

   (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).