Victorian Consolidated Legislation

County Court Act 1958 - SECT 17E

Actuary's second calculation after election of associate judges to commute pensions and payment of lump sums

17E. Actuary's second calculation after election of associate judges to
commute pensions and payment of lump sums







(1) If an election under section 17C is in operation, a former associate judge
or, if he or she has died, the associate judge's partner or eligible child
must, within 60 days after the day on which a superannuation contributions
surcharge notice was issued in respect of the associate judge's pension or his
or her partner's or eligible child's pension, lodge with the Minister-

   (a)  a notice that authorises the Minister to pay the lump sum that is
        equal to the superannuation contributions surcharge on behalf of the
        former associate 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

   (b)  a copy of the superannuation contributions surcharge notice.

(2) Within 10 days after the day on which the Minister received the
authorisation and a copy of the superannuation contributions surcharge notice
under subsection (1), the Minister must cause an actuary-

   (a)  to review the determination made under section 17D(1); and

   (b)  subject to section 17D(4), make any necessary adjustments to the
        determination and to the pension payable to the former associate judge
        and to any future entitlement of the former associate judge's partner
        or eligible child to a pension upon the associate judge's death.

(3) If an election under section 17C is in operation and the Minister has
received an authorisation under subsection (1), 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.