SUPERANNUATION LEGISLATION AMENDMENT ACT 2010 (NO. 40 OF 2010) - SECT 42 Part III of Fourth Schedule

SUPERANNUATION LEGISLATION AMENDMENT ACT 2010 (NO. 40 OF 2010) - SECT 42

    (1)     In clause 13 of Part III of the Fourth Schedule to the Police Regulation Act 1958 —

        (a)     for "spouse or child" substitute "partner, child or adult child";

        (b)     after "child's" insert "or adult child's";

        (c)     after "child" insert ", adult child".

    (2)     For clause 14 of Part III of the Fourth Schedule to the Police Regulation Act 1958 substitute —

    "14 (1)         If the partner of a member of the force was at the time of the member's death living apart from the member (not having been deserted by the member), a pension or gratuity is to be paid to the partner only if the ESS Board is satisfied that the member regularly contributed to the partner's support.

    (2)     The amount of a pension under subclause (1) must not exceed the amount that the member contributed.".

    (3)     For clause 15(1) of Part III of the Fourth Schedule to the Police Regulation Act 1958 substitute —

    "(1)     If a person becomes the partner of a pensioner after the pensioner's retirement, a pension is not payable to the partner on the death of the pensioner unless—

        (a)     the pensioner was in receipt of a pension under section 43 at the time the person became the pensioner's partner; or

        (b)     the person became the pensioner's partner three years or more before the death of the pensioner.".

    (4)     Clause 15(2) of Part III of the Fourth Schedule to the Police Regulation Act 1958 is repealed .

    (5)     For clause 15(3) of Part III of the Fourth Schedule to the Police Regulation Act 1958 substitute —

    "(3)     A partner of a pensioner who became the pensioner's partner after the pensioner's retirement is not entitled to receive at the same time a pension as a surviving partner and as a former member but is entitled to whichever of those pensions is greater.".

    (6)     In clauses 16 and 18 of Part III of the Fourth Schedule to the Police Regulation Act 1958 for "spouse" (wherever occurring) substitute "partner".