SUPREME COURT ACT 1986 - SECT 104D Actuary's second calculation after election of Associate Judges to commute pensions and payment of lump sums

SUPREME COURT ACT 1986 - SECT 104D

S. 104D(1) amended by Nos 23/2008 s. 16(3)(4), 24/2008 s. 31(4).

    (1)     If an election under section 104B 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—

S. 104D(1)(a) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(4)(b).

        (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 104C(1); and

S. 104D(2)(b) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(4).

        (b)     subject to section 104C(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 104B 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.

S. 104E (Heading) amended by No. 24/2008 s. 32(1).

S. 104E inserted by No. 19/2001 s. 21.