Commonwealth Numbered Acts

DEFENCE FORCE (PAPUA NEW GUINEA) RETIREMENT BENEFITS ACT 1973 No. 86 of 1973 - SECT 5

5. (1) In this section-

''designated wife'' means the person designated in a notice for the time being
in effect under this section;

''polygamous husband'' means a person who has two or more wives at the one
time.

(2) Where-

   (a)  a person who is a polygamous husband becomes a contributor or becomes
        entitled to a pension by virtue of section 7;

   (b)  a person who is a contributor becomes a polygamous husband; or

   (c)  a pensioner who was unmarried at the time of his retirement becomes a
        polygamous husband, he shall, within a period of one month thereafter,
        or such longer period as the Service Board may allow, unless during
        that period or extended period he ceases to be a polygamous husband,
        give notice to the Service Board, in writing, designating one of his
        wives as the person who is, for the purposes of this Act, to be
        regarded as being his wife.

(3) A notice given under this section shall not be revoked, but it ceases to
have effect on the death of the designated wife or on the dissolution or
annulment of her marriage.

(4) Where-

   (a)  after a person has given a notice under this section, his designated
        wife dies or her marriage is dissolved or annulled; and

   (b)  at the time of her death or of the dissolution or annulment of her
        marriage, as the case may be, he continues to be a polygamous husband,
        he shall, within a period of one month after the death or the
        dissolution or annulment of the marriage, or such longer period as
        the Service Board may allow, unless during that period or extended
        period he ceases to be a polygamous husband, give notice to
        the Service Board, in writing, designating one of his wives as the
        person who is, for the purposes of this Act, to be regarded as being
        his wife.

(5) Where, at a time when a notice given by a person under this section is in
effect, that person gives a second or subsequent notice under this section,
the second or subsequent notice has no effect.

(6) So long as a contributor or pensioner is a polygamous husband, no person
shall, for the purposes of this Act, be regarded as being his wife except-

   (a)  in the case of a pensioner who was married before his retirement and
        became a polygamous husband after his retirement-the person to whom he
        was married immediately before he became a polygamous husband; or

   (b)  in any other case-the person, if any, who is his designated wife.

(7) Subject to sub-section (8), on the death of a contributor or pensioner who
was a polygamous husband at the time of his death, no person shall, for the
purposes of this Act, be regarded as being his widow except-

   (a)  in the case of a pensioner who was married before his retirement and
        became a polygamous husband after his retirement-the person to whom he
        was married immediately before he became a polygamous husband; or

   (b)  in any other case-the person, if any, who was his designated wife at
        the time of his death.

(8) Where a person who is required to give a notice under this section fails
to give such a notice and dies within the period or the extended period
prescribed by this section for the giving of the notice, no person shall, for
the purposes of this Act, be regarded as being his widow except the person, if
any, who, according to the records of the Service, is recognized by the
Service Board as being his wife at the time of his death.