Document ID: chunk:federal_register_of_legislation:F2005B01321:body:0:p2
Version: federal_register_of_legislation:F2005B01321
Segment Type: other
Provision Reference: 
Character Range: 2601–5323

case of a person who, immediately before his or her retirement, was a judge for the purposes of the Judges' Pensions Act 1968—under that Act.

 (4) Subject to subclauses (5), (6) and (7), in the case of the death of a person who, at the date of his or her death, was a member of that class of qualified employees, there is payable, in accordance with subclause (7), the amount of benefit that would have been payable under subclause (2) (without reduction under subclause (3)) if the person had retired from that class on that date.

 (5) The amount of benefit payable under subclause (4) is to be reduced by the amount (if any) of superannuation benefits that is payable to or in respect of the spouse or dependants of the person mentioned in that subclause:
         (a) in the case of a person who, immediately before his or her death, held the office of Governor-General—under the Governor-General Act 1974; or
         (b) in the case of a person who, immediately before his or her death, was a judge for the purposes of the Judges' Pensions Act 1968—under that Act.

 (6) If an amount of benefit is reducible under subclause (3) or (5), the amount must not be paid until the administrator of the superannuation benefits payable under Governor-General Act 1974 or the Judges' Pensions Act 1968, as the case requires, has made a determination to the effect that no further superannuation benefits are payable under the relevant Act:
         (a) to that person; or
         (b) to or in respect of the spouse or dependants of that person;
as the case requires.

 (7) An amount payable under subclause (2) or (4) is payable:
         (a) in the case of an amount payable under subclause (2):
 (i) if the person mentioned in that subclause is alive at the date of payment of the amount—to that person; or
 (ii) in any other case:
 (A) if there is a surviving spouse of the person mentioned in that subclause—to that spouse; or
 (B) if sub-subparagraph (A) does not apply and there are surviving dependants of the person mentioned in that subclause—to those dependants; or
 (C) in any other case—to the personal representatives of the person mentioned in that subclause;
         (b) in the case of an amount payable under subclause (4):
 (i) if there is a surviving spouse of the person mentioned in that subclause—to that spouse; or
 (ii) if subparagraph (i) does not apply and there are surviving dependants of the person mentioned in that subclause—to those dependants; or
 (iii) in any other case—to the personal representatives of the person mentioned in that subclause.

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NOTE

1. Notified in the Commonwealth of Australia Gazette on 13 August 1993.