Western Australian Consolidated Acts

PARLIAMENTARY SUPERANNUATION ACT 1970 - SECT 19B

19B .         Commutation of certain spouses’ or de facto partners’ pensions

        (1)         Where a member dies before the coming into operation of the Parliamentary Superannuation Amendment Act 2011 section 11  ¹ , a spouse or de facto partner of the member who becomes entitled to be paid an annual pension pursuant to section 19(2) or (3), may elect, by notice in writing served on the Board within 6 months of so becoming entitled, to convert to a lump sum payment determined in accordance with subsection (2) not more than 50% of the annual pension entitlement.

        (2A)         Where a member or former member dies on or after the coming into operation of the Parliamentary Superannuation Amendment Act 2011 section 11  ¹ , a spouse or de facto partner of the member or former member who becomes entitled to be paid an annual pension pursuant to section 19 may elect, by notice in writing served on the Board within 6 months of so becoming entitled, to convert to a lump sum payment determined in accordance with subsection (2) all or part of the annual pension entitlement.

        (2)         A lump sum payment under subsection (1) or (2A) shall be —

            (a)         in the case of a spouse or de facto partner who has not attained the specified age on becoming entitled to be paid an annual pension or who attained the specified age less than a year before becoming so entitled — the amount of the annual pension entitlement of the spouse or de facto partner converted under subsection (1) or (2A) multiplied by 10;

            (b)         in the case of a spouse or de facto partner who attained the specified age at least a year before becoming entitled to be paid an annual pension — the amount of the annual pension entitlement of the spouse or de facto partner converted under subsection (1) or (2A) multiplied by a factor calculated by deducting from 10 half the number by which the age, in complete years, attained by the spouse or de facto partner on becoming entitled to be paid an annual pension exceeds the specified age.

        (3)         In subsection (2), the specified age is the age that is the specified age for the purposes of section 16(2).

        [Section 19B inserted by No. 54 of 1980 s. 11; amended by No. 58 of 1986 s. 11; No. 31 of 1989 s. 15; No. 3 of 2002 s. 91(1); No. 34 of 2011 s. 11 and 15.]