South Australian Consolidated Acts

JUDGES' PENSIONS ACT 1971 - SECT 9

9—Division of benefit where deceased Judge or former Judge is survived by spouse and domestic partner

        (1)         If a deceased Judge, or deceased former Judge, is survived by a spouse and a domestic partner, any benefit to which a surviving spouse or domestic partner is entitled under this Act will be divided between them in a ratio determined by reference to the relative length of the periods for which each of them cohabited with the deceased as his or her spouse or domestic partner (as the case may be).

        (2)         If a number of periods of cohabitation are to be aggregated for the purpose of determining an aggregate period of cohabitation for the purpose of subsection (1), any separate period of cohabitation of less than 3 months will be disregarded.

        (3)         A surviving spouse or domestic partner must, at the request of the Treasurer, furnish the Treasurer with any information that the Treasurer requires for the purposes of making a division under subsection (1).

        (4)         If—

            (a)         a deceased Judge, or deceased former Judge, is survived by a spouse and a domestic partner; and

            (b)         a benefit is paid to 1 of them on the assumption that he or she is the sole surviving spouse or domestic partner of the deceased,

the other spouse or domestic partner has no claim on the benefit insofar as it has already been paid unless that spouse or domestic partner gave the Treasurer notice of his or her claim before the date of payment.