South Australian Repealed Acts

This legislation has been repealed.

SOUTHERN STATE SUPERANNUATION ACT 1994 - SECT 26J

26J—Benefits for spouse members

        (1)         Subject to this section, the following provisions apply in respect of an amount standing to the credit of a spouse member's spouse account:

            (a)         if—

                  (i)         the spouse member—

                        (A)         has reached the retirement age; and

                        (B)         is the spouse of the relevant member; and

                  (ii)         the employment of the relevant member has terminated,

payment of the amount may be made to the spouse member subject to restrictions (if any) imposed by the SIS Act;

            (b)         if—

                  (i)         the spouse member—

                        (A)         has not reached the retirement age; and

                        (B)         is the spouse of the relevant member; and

                  (ii)         the employment of the relevant member has terminated,

the amount must be preserved;

            (c)         if the spouse member—

                  (i)         is not the spouse of the relevant member; and

                  (ii)         has not reached the retirement age,

the amount must be preserved;

            (d)         if the spouse member—

                  (i)         is not the spouse of the relevant member; and

                  (ii)         has reached the retirement age,

payment of the amount may be made to the spouse member subject to restrictions (if any) imposed by the SIS Act.

        (2)         If an amount standing to the credit of a spouse member's spouse account is preserved under subsection (1)—

            (a)         the spouse member may elect to carry the amount over to some other fund or scheme approved by the Board; or

            (b)         subject to restrictions (if any) imposed by the SIS Act, the spouse member may at any time after reaching the retirement age require the Board to authorise payment of the amount and, if no such requirement has been made on or before the date on which the spouse member reaches 65 years of age, the Board will authorise payment of the amount to the spouse member.

        (3)         If—

            (a)         a spouse member suffers physical or mental incapacity; and

            (b)         the Board is satisfied that the spouse member's incapacity for all kinds of work is 60 per cent or more of total incapacity and is likely to be permanent,

the spouse member is entitled to benefits made up of the amount (if any) standing to the credit of each of the spouse member's spouse accounts.

        (4)         If a spouse member dies, the amount (if any) standing to the credit of each of the spouse member's spouse accounts, and the voluntary death insurance benefit (if any), will be paid to—

            (a)         if the deceased spouse member is survived by a spouse—the spouse; and

            (b)         if the deceased spouse member is not survived by a spouse—the spouse member's estate.

        (5)         However, a surviving spouse will not be entitled to a benefit under subsection (4) if section 35F applies to the spouse.

        (6)         A payment under subsection (2), (3) or (4) excludes further rights so that a claim cannot subsequently be made under another of those subsections.

        (7)         In this section—

"relevant member", in relation to a spouse member, means the member who, by making a prescribed payment, or a contribution under section 26C(1), for the benefit of the spouse member, caused the spouse member to become a spouse member of the scheme.