Commonwealth Consolidated Acts

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SUPERANNUATION ACT 1976 - SECT 92

Election to commute spouse's additional pension entitlement

  (1)   The spouse of a deceased eligible employee who becomes entitled to spouse's additional pension by virtue of section   89   may, not later than 3 months after becoming so entitled, make, by notice in writing to CSC, an election to commute that pension into a lump sum benefit.

  (1A)   If a spouse makes an election under subsection   (1), the spouse may, at the same time, by notice in writing to CSC, elect not to have any pension payable to him or her adjusted to take the eligible employee's surcharge deduction amount into account.

  (2)   Where a spouse makes an election under subsection   (1) there shall be paid to the spouse a lump sum benefit equal to the accumulated contributions of the deceased eligible employee and the spouse is not entitled to the pension to which the election relates.

  (3)   Where a lump sum benefit is payable under subsection   91(2) to a spouse who makes an election under this section, subsection   (2) of this section has effect in relation to the spouse as if the reference in that subsection to the accumulated contributions of the deceased eligible employee were a reference to the amount of those contributions reduced by the amount of the lump sum benefit payable under subsection   91(2).



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