COUNTY COURT ACT 1958 - SECT 14AG Election of judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge
COUNTY COURT ACT 1958 - SECT 14AG
Election of judges' partners and eligible children to commute pensions for payment of superannuation contributions surchargeS. 14AG(1) amended by No. 23/2008 s. 10(3).
(1) If no election made under section 14AA or 14AD is in operation, a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former judge may elect to have part of his or her pension 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 to receive a pension under this Act or the entitlement of the deceased former judge's partner or eligible child to receive a pension under this Act.
(2) An election under subsection (1) must—
S. 14AG(2)(a) amended by No. 23/2008 s. 10(4).
(a) be made in writing to the Minister within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the deceased former judge'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 pension; and
S. 14AG(2)(c) amended by No. 23/2008 s. 10(3).
(c) authorise the Minister to pay the lump sum on behalf of the person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former judge 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. 14AH (Heading) amended by No. 23/2008 s. 10(5).
S. 14AH inserted by No. 19/2001 s. 13.