New South Wales Consolidated Acts

SUPERANNUATION ACT 1916 - SECT 46B

46B Competing claims for spouses’ or de facto partners’ pensions

(1) This section applies to a pension under this Act which is payable to the spouse or de facto partner of a deceased person.

(2) Where, but for this subsection, a pension to which this section applies would be payable to more than 1 person (because a deceased person has left more than 1 spouse or de facto partner):

(a) the pension is payable in accordance with a determination made by STC, and not otherwise, and

(b) the total amount of pension payable to those persons at any time shall not exceed the amount of a single pension.

(3) For the purpose of subsection (2) (a), STC may determine in relation to a pension to which this section applies:

(a) that the pension is not payable to such of the persons concerned as it specifies, or

(b) that, subject to subsection (2) (b), the amount of the pension shall be apportioned between the persons concerned in such manner as it specifies.

(4) STC may withhold the payment of any part of a pension to which this section applies by reason of the death of a person or, if any such pension is commuted, withhold the payment of any part of the amount commuted:

(a) until the expiration of the period of 30 days after the death of the person, or

(b) where application has been made for the pension by more than 1 person, until it is satisfied that only 1 of those persons is entitled to the pension or until a determination is made in relation to the matter by STC under this section.

(5) Where, after the expiration of 30 days following the death of a person, a pension to which this section applies is paid in respect of any period to the spouse or de facto partner of the deceased person, a pension to which this section applies is not payable to any other spouse or de facto partner of the deceased person in respect of that period.

(6) Where, after the expiration of 30 days following the death of a person, the whole or part of a pension to which this section applies is commuted by a spouse or de facto partner of the deceased person:

(a) where the whole of the pension is commuted-a pension to which this section applies is not payable to any other spouse or de facto partner of the deceased person, or

(b) where part of the pension is commuted-so much of a pension to which this section applies as is equal to the amount of the pension so commuted is not payable to any other spouse or de facto partner of the deceased person.

(7) For the purposes of subsections (5) and (6), an amount paid in good faith by STC to a person purporting to be the spouse or de facto partner of a deceased person shall be deemed to have been paid to such a spouse or de facto partner.

(8) Where, after the expiration of 30 days following the death of a person, any amount is paid under this Act to the person’s personal representatives or to such other persons as STC may determine, any pension to which this section applies which is payable to the spouse or de facto partner of the deceased person shall be reduced, in the prescribed manner, by the amount so paid.

(9) For the purposes of subsection (8), the prescribed manner of reducing a benefit to which this section applies by a particular amount is:

(a) the manner prescribed by the regulations, or

(b) where no manner is prescribed by the regulations, such manner as STC determines.