New South Wales Consolidated Acts

SUPERANNUATION ACT 1916 - SECT 32AA

32AA Extension of sec 32A to certain cases where spouses or de facto partners die contemporaneously

(1) Where:

(a) a male employee died before his retirement, whether before, on or after the commencement of this subsection,

(b) his spouse or de facto partner died at the same moment or after he died or in circumstances rendering it uncertain which of them survived the other, and

(c) his spouse or de facto partner died before a pension became payable to the spouse or de facto partner under this Act consequent on his death,

he shall, for the purposes of section 32A as in force at any time, be deemed not to have had a spouse or de facto partner at the time of his death.

(2) Where:

(a) a woman employee died before her retirement, on or after the commencement of this subsection,

(b) her spouse or de facto partner died at the same moment or after she died or in circumstances rendering it uncertain which of them survived the other, and

(c) her spouse or de facto partner died before a pension became payable to the spouse or de facto partner under this Act consequent on her death,

she shall, for the purposes of section 32A as in force at any time, be deemed not to have had a spouse or de facto partner at the time of her death.