Government Superannuation Fund Amendment Act 2005

1: Title
1: This Act is the Government Superannuation Fund Amendment Act 2005.
2: In this Act, the Government Superannuation Fund Act 1956 the principal Act
2: Commencement
This Act comes into force on 26 April 2005.
3: Interpretation
Section 2(1) Minister partner spouse or partner .
4: Certain amendments to principal Act in Schedule
1: The provisions of the principal Act specified in Part 1 spouse or partner
2: The provisions of the principal Act specified in Part 2 spouses or partners
3: The provisions of the principal Act specified in Part 3 marital status relationship status
5: Increasing allowance for contributor retiring in consequence of injuries
Section 37(1) the widow or any dependent widower or other a spouse or partner or
6: Benefits where contributor under this Part dies and leaves spouse
1: Section 45(1)(a)(ii) Where the spouse is the widow or widower of the deceased contributor,
2: Section 45 subsection (2)
2: Where any contributor under this Part dies, after becoming entitled to a retiring allowance and while still entitled to a retiring allowance, and leaves a spouse or partner who last became the spouse or partner of the contributor before the contributor became entitled to receive a retiring allowance, there is to be paid out of the Fund to the spouse or partner, at the election of the spouse or partner,—
a: an annuity at the greater of the following rates:
i: one-half of the rate of the retiring allowance to which the contributor was entitled at the date of the contributor's death, disregarding the effect of any election made under section 40 or section 48
ii: the rate of $390 a year; or
b: the amount of the contributor's contributions to the Fund, less any amounts received by the contributor from the Fund during the contributor's lifetime.
7: Annual allowances to widows or approved dependants in consideration of election to accept reduced retiring allowances
1: The heading to section 48 widows surviving spouses, partners,
2: Section 48(1) widow partner spouse
3: Section 48(2)
4: Section 48(3) widow spouse, partner,
5: Section 48(4) widow spouse, partner,
6: Section 48(7) (8) (9) (13) widow spouse or partner
7: Section 48 subsection (11)
8: Section 48 subsection (11)
11A: Despite subsection (11)
8: Contributions to Fund may be applied in restitution of public money misappropriated by contributor
Section 60(1) wife spouse or partner
9: Effect of loss of pay through punishment
Section 71(4) widow or widower spouse or partner
10: Amendments to Acts amending principal Act
1: Section 12 Government Superannuation Fund Amendment Act 1961 widow surviving spouse or partner
2: Section 4(2) of the Government Superannuation Fund Amendment Act 1964 is amended by omitting the words widow or dependent widower surviving spouse or partner
3: Section 2(5) Government Superannuation Fund Amendment Act 1969 widow or dependent widower surviving spouse or partner
4: Sections 5(4) 7(5) Government Superannuation Fund Amendment Act 1970 widow or dependent widower surviving spouse or partner
5: Section 6 Government Superannuation Fund Amendment Act 1972
a: omitting from the heading the words widows' and dependent widowers' annuities annuities payable to surviving spouses and partners
b: omitting from subsections (4) (7) widow or dependent widower surviving spouse or partner
11: Past decisions
1: All decisions made on or after 2 October 2001 by the Government Superannuation Appeals Board or the Government Superannuation Fund Authority in favour of an individual contributor, beneficiary, or potential beneficiary have effect, in so far as they relate to that individual, as if the decision were one that the Appeals Board or the Authority was entitled to make.
2: The decision binds the Authority in any dealings after the commencement of this Act with the contributor, beneficiary, or potential beneficiary in whose favour the decision was made, unless that person supplied misleading or incorrect information or otherwise acted in bad faith.
3: However, the decision does not have any precedent effect in favour of any contributor, beneficiary, or potential beneficiary other than the person in whose favour the decision was made. 2001 No 47 s 35