New South Wales Consolidated Acts

SUPERANNUATION ACT 1916 - SECT 61VA

61VA Nominating commencement date of pension

(1) Despite any other provision of this Act, the payment period of a pension under this Act to which a person is entitled to payment commences on:

(a) if a date is nominated in accordance with this section-the date so nominated, or

(b) in any other case-the default date.

(2) A person who is, or is to be, entitled to be paid a pension under this Act may, by notice in writing served on STC, nominate the date on which the payment period commences, if such a nomination is not inconsistent with a relevant Commonwealth superannuation standard.

(3) A notice under this section must:

(a) nominate the date on which the payment period commences, and

(b) be in the form approved by STC, and

(c) be served on STC not later than the expiry date.

(4) A notice under this section must not nominate a date earlier than the default date.

(5) A notice under this section is irrevocable.

(6) This section does not affect whether any person is entitled to a pension or when any person becomes entitled to a pension.

(7) A person is not entitled to payment of a pension under this Act in respect of any period earlier than the commencement of the payment period of the pension.

(8) In this section:
"default date" means, in respect of a pension under this Act, the date on which the payment period of the pension would, but for this section, commence.
"expiry date" means, in respect of a pension under this Act, the date that is 3 months after the default date in respect of the pension.
"payment period" means, in respect of a pension under this Act, the period for which the pension is to be paid.