CONSTITUTION ACT 1975 - SECT 83AF Payment and commutation of pensions of former Judges of the Court
CONSTITUTION ACT 1975 - SECT 83AF
Payment and commutation of pensions of former Judges of the Court(1) If an election under section 83AD 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. 83AF(2) amended by No. 23/2008 s. 6(4).
(2) The former Judge of the Court's pension and any future entitlement of the Judge's partner or eligible child to a pension upon the Judge's death otherwise payable from time to time under this Act must be reduced to the extent determined under section 83AE in consequence of the payment of the lump sum.
(3) For the purposes of section 83AE—
(a) the reduction of the former Judge's pension must not exceed 15% of his or her total pension entitlement under the Act on the day on which the Judge resigned or retired; and
S. 83AF(3)(b) amended by No. 23/2008 s. 6(4).
(b) the reduction of any future entitlement of the Judge's partner or eligible child to a pension must not exceed 15% of an amount equal to the total pension entitlement of the Judge's partner and eligible children on the day on which the Judge resigned or retired; and
(c) each reduction referred to in paragraph (a) and (b) must be a fixed percentage to be applied to the pension entitlement under the Act and, if paragraphs (a) and (b) both apply, the percentage must be the same; and
(d) the reduction must be applied from the day of payment of the lump sum under subsection (1).
S. 83AG (Heading) amended by No. 23/2008 s. 6(6).
S.
83AG
inserted by No. 19/2001 s. 8.