CONSTITUTION ACT 1975 - SECT 83AI Payment and commutation of pensions of former Judges' partners and eligible children

CONSTITUTION ACT 1975 - SECT 83AI

    (1)     If an election under section 83AG 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. 83AI(2) amended by No. 23/2008 s. 6(4).

    (2)     On payment of the lump sum, the pension of a person entitled to receive a pension as the partner or eligible child of the deceased former Judge of the Court otherwise payable from time to time under this Act must be reduced to the extent determined under section 83AH.

    (3)     For the purposes of section 83AH—

S. 83AI(3)(a) amended by No. 23/2008 s. 6(4).

        (a)     the reduction of any future entitlement of the Judge's partner or eligible child to a pension must not exceed 15% of—

S. 83AI(3)(a)(i) amended by No. 23/2008 s. 6(4).

              (i)     an amount equal to the total pension entitlement of the Judge and his or her partner and eligible children on the day on which the Judge resigned or retired; or

S. 83AI(3)(a)(ii) amended by No. 23/2008 s. 6(5).

              (ii)     in the case of the Judge's death while in office, an amount equal to his or her partner's and eligible children's total pension entitlement on the day on which the Judge 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).

S. 83A

(Heading) inserted by No. 24/2008 s. 9(1), amended by No. 29/2015 s. 78(1).

S. 83A inserted by No. 22/1995 s. 19.