Victorian Consolidated Legislation

County Court Act 1958 - SECT 14AG

Election of judges' partners and eligible children to commute pensions for payment of superannuation contributions surcharge

14AG. Election of judges' partners and eligible children to commute pensions
for payment of superannuation contributions surcharge







(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-

   (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

   (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.