CONSTITUTION ACT 1975 - SECT 83AD Election of former Judges of Court to commute pensions for payment of superannuation contributions surcharge
CONSTITUTION ACT 1975 - SECT 83AD
Election of former Judges of Court to commute pensions for payment of superannuation contributions surchargeS. 83AD(1) amended by No. 23/2008 s. 6(4).
(1) If no election under section 83AA is in operation, a former Judge of the Court 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 or eligible child, if any, 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 Judge or his or her partner or eligible child to receive a pension under this Act.
(2) An election under subsection (1) must—
S. 83AD(2)(a) amended by No. 23/2008 s. 6(5).
(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 Judge of the Court's pension or his or her partner's or eligible child'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
S. 83AD(2)(c) amended by No. 23/2008 s. 6(4).
(c) authorise the Minister to pay the lump sum on behalf of the former Judge or his or her partner or eligible child 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.
83AE
inserted by No. 19/2001 s. 8.