Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p24
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 60323–63151

"subsections (3), (4a) and (10a)";

  (b)    by inserting after subsection (10) the following subsections:

     "(10a) Where payment of a pension to a person is postponed under subsection 110ta (2), subsection (1) does not apply in relation to the person.

     "(10b) Subject to subsection (10c), where a pension, being a pension the payment of which has been postponed under subsection 110ta (2), becomes payable to or in respect of a person, the accumulated contributions of the person must be paid out of the Superannuation Fund into the Consolidated Revenue Fund.

     "(10c Where a person who has postponed payment of a pension under subsection 110ta (2) dies and a benefit by way of a lump sum benefit equal to the person's accumulated contributions becomes payable in respect of the person out of the Superannuation Fund, subsection (10b) does not apply in relation to the person.".

Instalments of pension

  39. (1) Section 113 of the Principal Act is amended:

    (a)     by omitting from subsection (1) "Pensions" and substituting "Subject to subsection (1a), pensions";

  (b)    by inserting after subsection (1) the following subsection:

     "(1a) Partial invalidity pensions are to be paid in fortnightly instalments on contribution days.";

  (c) by adding at the end the following subsection:

     "(5) The Commissioner may enter into an arrangement with a person's employer in relation to the payment of an instalment of partial invalidity pension to the person on a contribution day.".

(2) Despite the amendments made by this section, where, on the commencement of this section, a person is entitled to a partial invalidity pension, the following rules apply:

    (a)     if that commencement is after a contribution day but on or before the next pension pay day, the person is entitled on that next pension pay day to the full amount of a fortnightly instalment and on the following contribution day to an amount equal to 6/14ths of a fortnightly instalment; or

    (b)    if that commencement is after a pension pay day but on or before the next contribution day, the person is entitled on that next contribution day to an amount equal to 6/14ths of a fortnightly instalment.

Payment of part of a spouse's pension etc. attributable to children

  40. Section 114 of the Principal Act is amended:

  (a) by inserting after subsection (1) the following subsection:

      "(1a) If:

         (a)     the Commissioner determines under Division 5 of Part VI that part of a lump sum benefit to which a spouse is entitled is attributable to an eligible child or eligible children or a partially dependent child or partially dependent children; and

         (b)     because of the child or children not being in the custody, care and control of the spouse, or for any other reason that the Commissioner