Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
section, on the death of a former member who on ceasing to be a member became
entitled to a pension under section 14, the spouse or de facto partner of
the former member is entitled to be paid until death an annual pension at the
rate of —
(a)
two-thirds of the pension that would continue to be or be payable under this
Act to the former member if the former member had not died and the former
member’s pension entitlement had not been converted, either wholly or in
part, to a lump sum payment; or
(b)
two-thirds of the pension that would have continued to be payable under this
Act to the former member if the former member had not died but retired on
the day of death after contributing to the scheme for a period of
16 years as an ordinary member and the former member’s pension
entitlement had not been converted, either wholly or in part, to a lump sum
payment,
whichever is the
greater rate.
(1a) In the case of a
spouse or de facto partner of a former member who ceased to be a member before
the coming into operation of the Parliamentary Superannuation Amendment
Act 1980 1 , the pension entitlement provided for in
subsection (1)(b) shall be calculated with reference to section 13
as it was prior to the coming into operation of the Parliamentary
Superannuation Amendment Act 1980 1 .
(1b) Where, after the
coming into operation of the Acts Amendment (Parliamentary Superannuation)
Act 1986 1 , a former member —
(a)
converted all of an annual pension entitlement to a lump sum payment under
section 16, the spouse or de facto partner of the former member is not
entitled to an annual pension under subsection (1);
(b)
converted a portion of an annual pension entitlement to a lump sum payment
under section 16, the rate of annual pension to which the spouse or de
facto partner of the former member is entitled under subsection (1) shall
be reduced by an amount that bears to that rate the same ratio as the portion
so converted by the former member bears to the annual pension entitlement
before such conversion.
(2) Subject to this
section, on the death of a member who has contributed to the scheme for not
less than 16 years, the spouse or de facto partner of the member is
entitled to be paid, until death, an annual pension at the rate of two-thirds
of the pension that would from time to time be payable under this Act if
the member had not died but had ceased to be a member on the date of the
member’s death and thereby become entitled to a pension under
section 14.
(3) Subject to this
section, on the death of a member who has contributed to the scheme for less
than 16 years, the spouse or de facto partner of the member is entitled
to be paid until death an annual pension at the rate of —
(a)
two-thirds of the pension that would from time to time be payable under this
Act to the member if the member had not died but had retired on the date
of death and thereby become entitled to a pension under section 14; or
(b)
two-thirds of the pension that would from time to time be payable under this
Act to the member if the member had not died but had retired on the date
of death after contributing to the scheme for a period of 16 years as an
ordinary member,
whichever is the
greater rate.
(4) A pension is not
payable under this section to a spouse or de facto partner referred to in
subsection (1) or (1a) if the marriage to the former member took place
after the former member finally ceased to be a member except in the following
cases —
(a) if
the former member died before the coming into operation of the Parliamentary
Superannuation Amendment Act 2011 section 10 1 a pension is
payable —
(i)
if the spouse or de facto partner is aged
55 years or more at the date of the former member’s death, as from
that date; or
(ii)
if the spouse or de facto partner is aged less than
55 years at the date of the former member’s death, as from the date
of attaining that age;
(b) if
the former member dies on or after the coming into operation of the
Parliamentary Superannuation Amendment Act 2011 section 10 1 a
pension is payable if —
(i)
the marriage took place not less than 5 years before
the date of the former member’s death; or
(ii)
at the date of the former member’s death there is
at least one child of the former member and the spouse or de facto
partner who is wholly or substantially dependent on them; or
(iii)
the Board is satisfied that —
(I) the marriage was of a bona fide nature;
and
(II) the special
circumstances of the case warrant the payment of a pension to the spouse or
de facto partner;
(c) if
the former member dies on or after the coming into operation of the
Parliamentary Superannuation Amendment Act 2011 section 10 1 and
the marriage to the former member took place before the coming into operation
of that Act and no pension is payable under paragraph (b) a pension is
payable —
(i)
if the spouse or de facto partner is aged
55 years or more at the date of the former member’s death, as from
that date; or
(ii)
if the spouse or de facto partner is aged less than
55 years at the date of the former member’s death, as from the date
of attaining that age.
[(5) deleted]
(6) Where more than
one person would be entitled under this section to be paid a pension as
the spouse or de facto partner of a member or former member, the pension, if
any, that each of those persons is entitled to be paid under this
section shall be such proportion, if any, of the pension that would have
been payable under this section had only one person been so entitled, as
the Board determines, having regard to the respective needs of those persons
and such other matters as the Board considers relevant.
[Section 19 amended by No. 94 of 1975
s. 11; No. 115 of 1976 s. 4; No. 54 of 1980 s. 10;
No. 58 of 1986 s. 10; No. 31 of 1989 s. 11 and 15;
No. 3 of 2002 s. 91(1) and 94; No. 34 of 2011 s. 10 and 15.]
[ 19A. Deleted by No. 3 of 2002 s. 95.]