Commonwealth Numbered Acts

SUPERANNUATION AND OTHER BENEFITS LEGISLATION AMENDMENT ACT 1989 No. 125, 1989 - SECT 4

4. After section 98GA of the Principal Act the following section is inserted
in Part XA: Pension benefits payable on or after 20 October 1989-variation of
rate

"98GB. (1) Where:

   (a)  a pension benefit is payable to a person on 20 October 1989; and

   (b)  at any time before that day, the rate at which the pension benefit was
        payable to the person was affected because of the operation of
        subsection 98F (2) or 98G (3) or section 98GA; the rate at which the
        pension benefit is payable to the person on or after that day is the
        rate that would apply if subsection 98F (2) or 98G (3) or section 98GA
        (as the case may be) had not been enacted.

"(2) Where:

   (a)  a person to whom a pension benefit was payable died before 20 October
        1989; and

   (b)  at any time before that day, the rate at which the pension benefit was
        payable to the person was affected by the operation of subsection 98F
        (2) or 98G (3) or section 98GA; and

   (c)  because of that person's death, or because of the death of that person
        and of a person to whom a pension benefit became payable on the death
        of the first-mentioned person, a pension benefit is payable to another
        person; the rate at which the last-mentioned pension benefit is
        payable to that other person on or after 20 October 1989 is the rate
        that would apply if subsection 98F (2) or 98G (3) or section 98GA (as
        the case may be) had not been enacted.

"(3) Where a pension benefit would, but for its suspension under section 35,
be payable to a person on or after 20 October 1989, the pension benefit is to
be taken, for the purposes of this section, to be so payable to the person.".