[BIL081-B.HAL]

House of Assembly—No. 47

[As laid on the table and read a first time, 14 August 2002]

South Australia

[Prepared by the Parliamentary Counsel on the instructions of the Hon. G. Scalzi, M.P.]

STATUTES AMENDMENT (SUPERANNUATION ENTITLEMENTS FOR DOMESTIC CO-DEPENDENTS) BILL 2002

A Bill For

An Act to amend the Parliamentary Superannuation Act 1974, the Police Superannuation Act 1990, the Southern State Superannuation Act 1994 and the Superannuation Act 1988.

[OPC-H68]

SUMMARY OF PROVISIONS

PART 1

PRELIMINARY

1.Short title

2.Commencement

3.Interpretation

PART 2

AMENDMENT OF PARLIAMENTARY SUPERANNUATION ACT 1974

4.Amendment of s. 5—Interpretation

5.Insertion of s. 7A

7A.Domestic co-dependents

6.Amendment of s. 22A—Other benefits under the new scheme

7.Amendment of s. 23—Provision where contributions exceed benefits

8.Substitution of heading

PART 5

PENSION FOR SPOUSE, CHILD BENEFIT AND DOMESTIC

CO-DEPENDENT BENEFIT

9.Insertion of Division 3 of Part 5

DIVISION 3—DOMESTIC CO-DEPENDENT BENEFIT

31AA.Determination of domestic co-dependent benefit

10.Amendment of s. 31A—Benefits payable to estate

11.Amendment of s. 36A—Division of benefit where deceased member is survived by more than one spouse or domestic co-dependent

12.Amendment of Sched. 3—Commutation Factors for Spouse Pensions and Domestic Co-dependent Benefits

PART 3

AMENDMENT OF POLICE SUPERANNUATION ACT 1990

13.Amendment of s. 4—Interpretation

14.Insertion of s. 4A

4A.Domestic co-dependents

15.Amendment of s. 14—Payment of benefits

16.Amendment of s. 22—Resignation and preservation

17.Amendment of s. 26—Death of contributor

18.Amendment of s. 32—Benefits payable on contributor's death

19.Amendment of s. 33—Benefits payable to contributor's estate

20.Amendment of s. 34—Resignation and preservation of benefits

21.Amendment of s. 37—Effect on pension of pensioner's re-employment

22.Amendment of s. 38E—Benefits

23.Amendment of s. 41—Division of benefit where deceased contributor is survived by more than one spouse or domestic co-dependent

24.Amendment of s. 44—Special provision for payment in case of infancy or death

25.Amendment of s. 46A—Termination of the Police Occupational Superannuation Scheme

26.Amendment of s. 48—Power to obtain information

PART 4

AMENDMENT OF SOUTHERN STATE SUPERANNUATION ACT 1994

27.Amendment of s. 3—Interpretation

28.Insertion of s. 3A

3A.Domestic co-dependents

29.Amendment of s. 12—Payment of benefits

30.Amendment of s. 32—Resignation

31.Amendment of s. 35—Death of member

32.Amendment of s. 43—Division of benefit where deceased member is survived by more than one spouse or domestic co-dependent

33.Amendment of s. 44—Payment in case of death

PART 5

AMENDMENT OF SUPERANNUATION ACT 1988

34.Amendment of s. 4—Interpretation

35.Insertion of s. 4A

4A.Domestic co-dependents

36.Amendment of s. 20B—Payment of benefits

37.Amendment of s. 28—Resignation and preservation of benefits

38.Amendment of s. 28A—Resignation pursuant to voluntary separation package

39.Amendment of s. 32—Death of contributor

40.Amendment of s. 32A—PSESS benefit

41.Amendment of s. 38—Death of contributor

42.Amendment of s. 39—Resignation and preservation of benefits

43.Amendment of s. 39A—Resignation or retirement pursuant to a voluntary separation package

44.Amendment of s. 46—Division of benefit where deceased contributor is survived by more than one spouse or domestic co-dependent

45.Amendment of s. 49—Special provision for payment in case of infancy or death

The Parliament of South Australia enacts as follows:

PART 1

PRELIMINARY

Short title

1. This Act may be cited as the Statutes Amendment (Superannuation Entitlements for Domestic Co-Dependents) Act 2002.

Commencement

2. This Act will come into operation 6 months after assent.

Interpretation

3. A reference in this Act to the principal Act is a reference to the Act referred to in the heading to the Part in which the reference occurs.

PART 2

AMENDMENT OF PARLIAMENTARY SUPERANNUATION ACT 1974

Amendment of s. 5—Interpretation

4. Section 5 of the principal Act is amended by inserting after the definition of "contribution" in subsection (1) the following definitions:

"domestic co-dependent"—see section 7A;

"domestic co-dependent benefit" means a benefit payable under Part 5 Division 3;.

Insertion of s. 7A

5. The following section is inserted after section 7 of the principal Act:

Domestic co-dependents

7A. (1) For the purposes of this Act, 2 persons, whether of the opposite sex or the same sex, were, on a certain date, the domestic co-dependents one of the other if the District Court has made a declaration under this section that they were, on that date, cohabiting each with the other in a relationship of dependence and that they—

(a)had so cohabited with each other continuously for the period of 5 years immediately preceding that date; or

(b)had during the period of 6 years immediately preceding that date so cohabited with each other for periods aggregating not less than 5 years.

(2) A relationship of dependence is a relationship between 2 persons where—

(a)the parties to the relationship care for, and contribute to the maintenance of, each other; or

(b)one of the parties to the relationship cares for, and contributes to the maintenance of, the other.

(3) A person whose rights depend on whether—

(a)he or she and another person; or

(b)2 other persons,

were, on a certain date, domestic co-dependents one of the other may apply to the District Court for a declaration under this section.

(4) If it is proved to the satisfaction of the Court that the persons in relation to whom the declaration under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Court must make a declaration accordingly.

(5) However, the Court cannot make a declaration that a person is a domestic co-dependent of a member or member pensioner if the person is a spouse of, or eligible child in relation to, the member or member pensioner.

(6) A declaration may be made under this section—

(a)whether or not one or both of the persons in relation to whom the declaration is sought are, or have been, domiciled in this State; or

(b)despite the fact that one or both of them are dead.

(7) It must not be inferred from the fact that the Court has declared that 2 persons were domestic co-dependents one of the other, on a certain date, that they were domestic co-dependents as at any prior or subsequent date.

Amendment of s. 22A—Other benefits under the new scheme

6. Section 22A of the principal Act is amended by inserting in subsection (5)(d) "or domestic co-dependent" after "spouse" (twice occurring).

Amendment of s. 23—Provision where contributions exceed benefits

7. Section 23 of the principal Act is amended by inserting "or domestic co-dependent" after "spouse".

Substitution of heading

8. The heading to Part 5 of the principal Act is repealed and the following heading is substituted:

PART 5

PENSION FOR SPOUSE, CHILD BENEFIT AND DOMESTIC

CO-DEPENDENT BENEFIT

Insertion of Division 3 of Part 5

9. The following Division is inserted in Part 5 of the principal Act after section 31:

DIVISION 3—DOMESTIC CO-DEPENDENT BENEFIT

Determination of domestic co-dependent benefit

31AA. (1) Where a member or member pensioner dies, a domestic co-dependent of the member or member pensioner is entitled to payment of a lump sum.

(2) The lump sum payable to a domestic co-dependent under subsection (1) is equal in value to the amount that would be payable to the domestic co-dependent if he or she—

(a)were entitled to a pension under Division 1 as a spouse of the member or member pensioner; and

(b)elected to commute the whole of the pension in accordance with section 26AA.

Amendment of s. 31A—Benefits payable to estate

10. Section 31A of the principal Act is amended by inserting in subsection (1) ", domestic co-dependent" after "spouse".

Amendment of s. 36A—Division of benefit where deceased member is survived by more than one spouse or domestic co-dependent

11. Section 36A of the principal Act is amended—

(a)by striking out subsection (1) and substituting the following subsection:

(1) If a deceased member, or deceased member pensioner, is survived by—

(a)a lawful spouse and a putative spouse; or

(b)a spouse and a domestic co-dependent,

any benefit to which a surviving spouse or domestic co-dependent is entitled under the Act will be divided between them in a ratio determined by reference to the relative length of the periods for which each of them cohabited with the deceased as his or her spouse or domestic co-dependent.;

(b)by inserting in subsection (3) "or domestic co-dependent" after "spouse";

(c)by inserting in subsection (4) "or domestic co-dependent" after "spouse" (twice occurring);

(d)by inserting in subsection (4) "or domestic co-dependents" after "putative spouses";

(e)by striking out subsection (5) and substituting the following subsection:

(5) Where—

(a)a deceased member, or member pensioner, is survived by more than one spouse or domestic co-dependent; and

(b)a benefit is paid to one of them on the assumption that he or she is the sole surviving spouse or domestic co-dependent of the deceased,

any other spouse or domestic co-dependent has no claim on the benefit insofar as it has already been paid unless that spouse or domestic co-dependent gave the Board notice of his or her claim before the date of payment.

Amendment of Sched. 3—Commutation Factors for Spouse Pensions and Domestic Co-dependent Benefits

12. Schedule 3 of the principal Act is amended by inserting "or domestic co-dependent" after "spouse".

PART 3

AMENDMENT OF POLICE SUPERANNUATION ACT 1990

Amendment of s. 4—Interpretation

13. Section 4 of the principal Act is amended by inserting after the definition of "the Deputy Commissioner" in subsection (1) the following definition:

"domestic co-dependent"—see section 4A;.

Insertion of s. 4A

14. The following section is inserted after section 4 of the principal Act:

Domestic co-dependents

4A. (1) For the purposes of this Act, 2 persons, whether of the opposite sex or the same sex, were, on a certain date, the domestic co-dependents one of the other if the District Court has made a declaration under this section that they were, on that date, cohabiting each with the other in a relationship of dependence and that they—

(a)had so cohabited with each other continuously for the period of 5 years immediately preceding that date; or

(b)had during the period of 6 years immediately preceding that date so cohabited with each other for periods aggregating not less than 5 years.

(2) A relationship of dependence is a relationship between 2 persons where—

(a)the parties to the relationship care for, and contribute to the maintenance of, each other; or

(b)one of the parties to the relationship cares for, and contributes to the maintenance of, the other.

(3) A person whose rights depend on whether—

(a)he or she and another person; or

(b)2 other persons,

were, on a certain date, domestic co-dependents one of the other may apply to the District Court for a declaration under this section.

(4) If it is proved to the satisfaction of the Court that the persons in relation to whom the declaration under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Court must make a declaration accordingly.

(5) However, the Court cannot make a declaration that a person is a domestic co-dependent of a contributor if the person is a spouse of, or eligible child in relation to, the contributor.

(6) A declaration may be made under this section—

(a)whether or not one or both of the persons in relation to whom the declaration is sought are, or have been, domiciled in this State; or

(b)despite the fact that one or both of them are dead.

(7) It must not be inferred from the fact that the Court has declared that 2 persons were domestic co-dependents one of the other, on a certain date, that they were domestic co-dependents as at any prior or subsequent date.

Amendment of s. 14—Payment of benefits

15. Section 14 of the principal Act is amended by in subsection (1) ", domestic co-dependent," after "spouse".

Amendment of s. 22—Resignation and preservation

16. Section 22 of the principal Act is amended—

(a)by inserting in subsection (1a)(c)(iv) "or domestic co-dependent" after "spouse" (twice occurring);

(b)by inserting in subsection (2)(c) "or domestic co-dependent" after "spouse" (twice occurring).

Amendment of s. 26—Death of contributor

17. Section 26 of the principal Act is amended—

(a)by inserting "or a domestic co-dependent" after "spouse" (wherever occurring);

(b)by striking out from subparagraph (iii) of the definition of "A" in subsection (2) "spouse's dependency" and substituting "dependency of the spouse or domestic co-dependent".

Amendment of s. 32—Benefits payable on contributor's death

18. Section 32 of the principal Act is amended—

(a)by inserting after paragraph (b) of subsection (1) the following word and paragraph:

and

(c)a domestic co-dependent who was cohabiting with the contributor at the time of his or her death is entitled to a lump sum calculated in accordance with subsection (3a).;

(b)by inserting in subsection (2)(a) ", or a benefit is paid to a domestic co-dependent," after "spouse";

(c)by inserting in subsection (2)(b) ", and no benefit is paid to a domestic co-dependent," after "spouse";

(d)by inserting the following subsection after subsection (3);

(3a) The lump sum payable to a domestic co-dependent under subsection (1)(c) is equal in value to the amount that would be payable to the domestic co-dependent if he or she—

(a)were entitled to a benefit under subsection (1)(a) as a spouse of the contributor; and

(b)elected, under section 35, to commute the whole of the component of the benefit comprised of a pension.

Amendment of s. 33—Benefits payable to contributor's estate

19. Section 33 of the principal Act is amended by inserting "or a domestic co-dependent" after "spouse" (wherever occurring).

Amendment of s. 34—Resignation and preservation of benefits

20. Section 34 of the principal Act is amended—

(a)by inserting in subsection (1a)(c)(iv) "or domestic co-dependent" after "spouse" (twice occurring);

(b)by inserting in subsection (2)(c) "or domestic co-dependent" after "spouse" (twice occurring);

(c)by inserting after paragraph (d) of subsection (4) the following paragraph:

(da)if the contributor dies and is survived by a domestic co-dependent, a lump sum must be paid to the domestic co-dependent in accordance with subsection (6a);;

(d)by inserting in subsection (4)(e) "or a domestic co-dependent" after "spouse";

(e)by inserting in subsection (4)(f) "or a domestic co-dependent" after "spouse";

(f)by inserting the following subsection after subsection (6):

(6a) The lump sum payable to the domestic co-dependent of a deceased contributor under subsection (4) is equal in value to the amount that would be payable to the domestic co-dependent if he or she—

(a)were entitled to a benefit under subsection (4)(c) as a spouse of the contributor; and

(b)elected, under section 35, to commute the whole of the component of the benefit comprised of a pension.;

(g)by inserting in subsection (7)(a) ", or a domestic co-dependent has received a payment under subsection (6a)," after "spouse";

(h)by inserting in subsection (7)(b) "and no payment has been made to a domestic co-dependent under subsection (6a)" after "spouse".

Amendment of s. 37—Effect on pension of pensioner's re-employment

21. Section 37 of the principal Act is amended by striking out subparagraph (ii) of subsection (1)(b) and substituting the following subparagraph:

(ii)if the contributor dies—

(A)a surviving spouse and any eligible children will be entitled to a pension; and

(B)a surviving domestic co-dependent will be entitled to a lump sum,

as if the contributor's pension had not been suspended under this paragraph;.

Amendment of s. 38E—Benefits

22. Section 38E of the principal Act is amended by inserting in subsection (1) ", domestic co-dependent" after "spouse".

Amendment of s. 41—Division of benefit where deceased contributor is survived by more than one spouse or domestic co-dependent

23. Section 41 of the principal Act is amended—

(a)by striking out subsection (1) and substituting the following subsection:

(1) If a deceased contributor is survived by—

(a)a lawful spouse and a putative spouse; or

(b)a spouse and a domestic co-dependent,

any benefit to which a surviving spouse or domestic co-dependent is entitled under this Act will be divided between them in a ratio determined by reference to the relative length of the periods for which each of them cohabited with the deceased as his or her spouse or domestic co-dependent.;

(b)by inserting in subsection (3) "or domestic co-dependent" after "spouse";

(c)by inserting in subsection (4) "or domestic co-dependent" after "spouse" (twice occurring);

(d)by inserting in subsection (4) "or domestic co-dependents" after "putative spouses";

(e)by striking out subsection (5) and substituting the following subsection:

(5) Where—

(a)a deceased contributor is survived by more than one spouse or domestic co-dependent; and

(b)a benefit is paid to one of them on the assumption that he or she is the sole surviving spouse or domestic co-dependent of the deceased,

any other spouse or domestic co-dependent has no claim on the benefit insofar as it has been already paid unless that spouse or domestic co-dependent gave the Board notice of his or her claim before the date of the payment.

Amendment of s. 44—Special provision for payment in case of infancy or death

24. Section 44 of the principal Act is amended by inserting in subsection (2)(b) "or a domestic co-dependent" after "spouse".

Amendment of s. 46A—Termination of the Police Occupational Superannuation Scheme

25. Section 46A of the principal Act is amended by inserting in subsection (2)(f) "or domestic co-dependent" after "spouse" (twice occurring).

Amendment of s. 48—Power to obtain information

26. Section 48 of the principal Act is amended by inserting in subsection (3) "or domestic co-dependent" after "spouse".

PART 4

AMENDMENT OF SOUTHERN STATE SUPERANNUATION ACT 1994

Amendment of s. 3—Interpretation

27. Section 3 of the principal Act is amended—

(a)by inserting after the definition of "contributions" in subsection (1) the following definition:

"domestic co-dependent"—see section 3A;;

(b)by inserting in subsection (5)(a)(ii) "or domestic co-dependent" after "spouse".

Insertion of s. 3A

28. The following section is inserted after section 3 of the principal Act:

Domestic co-dependents

3A. (1) For the purposes of this Act, 2 persons, whether of the opposite sex or the same sex, were, on a certain date, the domestic co-dependents one of the other if the District Court has made a declaration under this section that they were, on that date, cohabiting each with the other in a relationship of dependence and that they—

(a)had so cohabited with each other continuously for the period of 5 years immediately preceding that date; or

(b)had during the period of 6 years immediately preceding that date so cohabited with each other for periods aggregating not less than 5 years.

(2) A relationship of dependence is a relationship between 2 persons where—

(a)the parties to the relationship care for, and contribute to the maintenance of, each other; or

(b)one of the parties to the relationship cares for, and contributes to the maintenance of, the other.

(3) A person whose rights depend on whether—

(a)he or she and another person; or

(b)2 other persons,

were, on a certain date, domestic co-dependents one of the other may apply to the District Court for a declaration under this section.

(4) If it is proved to the satisfaction of the Court that the persons in relation to whom the declaration under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Court must make a declaration accordingly.

(5) However, the Court cannot make a declaration that a person is a domestic co-dependent of a contributor if the person is a spouse or child of the contributor.

(6) A declaration may be made under this section—

(a)whether or not one or both of the persons in relation to whom the declaration is sought are, or have been, domiciled in this State; or

(b)despite the fact that one or both of them are dead.

(7) It must not be inferred from the fact that the Court has declared that 2 persons were domestic co-dependents one of the other, on a certain date, that they were domestic co-dependents as at any prior or subsequent date.

Amendment of s. 12—Payment of benefits

29. Section 12 of the principal Act is amended by inserting in subsection (1) "or a domestic co-dependent" after "spouse".

Amendment of s. 32—Resignation

30. Section 32 of the principal Act is amended by inserting in subsection (6)(c) "or domestic co-dependent" after "spouse" (twice occurring).

Amendment of s. 35—Death of member

31. Section 35 of the principal Act is amended by inserting "or domestic co-dependent" after "spouse" (wherever occurring).

Amendment of s. 43—Division of benefit where deceased member is survived by more than one spouse or domestic co-dependent

32. Section 43 of the principal Act is amended—

(a)by striking out subsection (1) and substituting the following subsection:

(1) If a deceased member is survived by—

(a)a lawful spouse and a putative spouse; or

(b)a spouse and a domestic co-dependent,

any benefit to which a surviving spouse or domestic co-dependent is entitled under this Act will be divided between them in a ratio determined by reference to the relative length of the periods for which each of them cohabited with the deceased as his or her spouse or domestic co-dependent.;

(b)by inserting in subsection (3) "or domestic co-dependent" after "spouse";

(c)by inserting in subsection (4) "or domestic co-dependent" after "spouse" (twice occurring);

(d)by inserting in subsection (4) "or domestic co-dependents" after "putative spouses";

(e)by striking out subsection (5) and substituting the following subsection:

(5) Where—

(a)a deceased member is survived by more than one spouse or domestic co-dependent; and

(b)a benefit is paid to one of them on the assumption that he or she is the sole surviving spouse or domestic co-dependent of the deceased,

any other spouse or domestic co-dependent has no claim on the benefit insofar as it has been already paid unless that spouse or domestic co-dependent gave the Board notice of his or her claim before the date of the payment.

Amendment of s. 44—Payment in case of death

33. Section 44 of the principal Act is amended by inserting in subsection (1)(c) "or a domestic co-dependent" after "spouse".

PART 5

AMENDMENT OF SUPERANNUATION ACT 1988

Amendment of s. 4—Interpretation

34. Section 4 of the principal Act is amended by inserting after the definition of "dependency" in subsection (1) the following definition:

"domestic co-dependent"—see section 4A;.

Insertion of s. 4A

35. The following section is inserted after section 4 of the principal Act:

Domestic co-dependents

4A. (1) For the purposes of this Act, 2 persons, whether of the opposite sex or the same sex, were, on a certain date, the domestic co-dependents one of the other if the District Court has made a declaration under this section that they were, on that date, cohabiting each with the other in a relationship of dependence and that they—

(a)had so cohabited with each other continuously for the period of 5 years immediately preceding that date; or

(b)had during the period of 6 years immediately preceding that date so cohabited with each other for periods aggregating not less than 5 years.

(2) A relationship of dependence is a relationship between 2 persons where—

(a)the parties to the relationship care for, and contribute to the maintenance of, each other; or

(b)one of the parties to the relationship cares for, and contributes to the maintenance of, the other.

(3) A person whose rights depend on whether—

(a)he or she and another person; or

(b)2 other persons,

were, on a certain date, domestic co-dependents one of the other may apply to the District Court for a declaration under this section.

(4) If it is proved to the satisfaction of the Court that the persons in relation to whom the declaration under this section is sought did, on the date in question, fulfil the requirements of subsection (1), the Court must make a declaration accordingly.

(5) However, the Court cannot make a declaration that a person is a domestic co-dependent of a member if the person is a spouse of, or eligible child in relation to, the member.

(6) A declaration may be made under this section—

(a)whether or not one or both of the persons in relation to whom the declaration is sought are, or have been, domiciled in this State; or

(b)despite the fact that one or both of them are dead.

(7) It must not be inferred from the fact that the Court has declared that 2 persons were domestic co-dependents one of the other, on a certain date, that they were domestic co-dependents as at any prior or subsequent date.

Amendment of s. 20B—Payment of benefits

36. Section 20B of the principal Act is amended by inserting in subsection (1) ", domestic co-dependent" after "spouse".

Amendment of s. 28—Resignation and preservation of benefits

37. Section 28 of the principal Act is amended by inserting "or domestic co-dependent" after "spouse" (wherever occurring).

Amendment of s. 28A—Resignation pursuant to voluntary separation package

38. Section 28A of the principal Act is amended by inserting in subsection (3c)(c) "or domestic co-dependent" after "spouse" (twice occurring).

Amendment of s. 32—Death of contributor

39. Section 32 of the principal Act is amended—

(a)by inserting "or domestic co-dependent" after "spouse" (wherever occurring);

(b)by striking out from the definition of "A" in subsection (2)(b)(ii) "spouse's dependency" and substituting "dependency of the spouse or domestic co-dependent".

Amendment of s. 32A—PSESS benefit

40. Section 32A of the principal Act is amended by inserting in subsection (4) "or domestic co-dependent" after "spouse" (twice occurring).

Amendment of s. 38—Death of contributor

41. Section 38 of the principal Act is amended—

(a)by inserting after paragraph (a) of subsection (1) the following word and paragraph:

and

(ab)if the contributor is survived by a domestic co-dependent who was cohabiting with the contributor at the time of his or her death—the domestic co-dependent is entitled to a lump sum in accordance with subsection (1b); and;

(b)by inserting in subsection (1) "or domestic co-dependent" after "spouse" (wherever occurring);

(c)by inserting after subsection (1a) the following subsection:

(1b) The lump sum payable to a domestic co-dependent under subsection (1)(ab) is equal in value to the amount that would be payable to the domestic co-dependent if he or she—

(a)were entitled to a pension under subsection (1)(a) as a spouse of the contributor; and

(b)elected, under section 40, to commute the whole of the pension.;

(d)by inserting in subsection (2)(a) "or a lump sum has been paid to a domestic co-dependent" after "spouse";

(e)by inserting in subsection (2)(b) "and a lump sum has not been paid to a domestic co-dependent" after "spouse";

(f)by inserting in subsection (6) "or domestic co-dependent" after "spouse";

(g)by inserting in subsection (7) "or domestic co-dependent" after "spouse".

Amendment of s. 39—Resignation and preservation of benefits

42. Section 39 of the principal Act is amended—

(a)by inserting in subsection (1c)(e) "or domestic co-dependent" after "spouse" (twice occurring);

(b)by inserting in subsection (2)(c) "or domestic co-dependent" after "spouse" (twice occurring);

(c)by inserting after paragraph (c) of subsection (5) the following paragraph:

(ca)if the contributor dies and is survived by a domestic co-dependent, a lump sum must be paid to the domestic co-dependent in accordance with subsection (8aa);;

(d)by inserting in subsection (5)(d) "or domestic co-dependent" after "spouse";

(e)by inserting in subsection (5)(e) "or domestic co-dependent" after "spouse";

(f)by inserting in subsection (5)(f) "or domestic co-dependent" after "spouse";

(g)by inserting after subsection (8) the following subsection:

(8aa) The lump sum to be paid to the domestic co-dependent of a deceased contributor under subsection (5) is equal in value to the amount that would be payable to the domestic co-dependent if he or she—

(a)were entitled to a pension under subsection (5)(c) as a spouse of the contributor; and

(b)elected, under section 40, to commute the whole of the pension.;

(h)by inserting in subsection (8a) "or domestic co-dependent" after "spouse";

(i)by inserting in subsection (8b) "or domestic co-dependent" after "spouse".

Amendment of s. 39A—Resignation or retirement pursuant to a voluntary separation package

43. Section 39A of the principal Act is amended by inserting in subsection (3d)(c) "or domestic co-dependent" after "spouse" (twice occurring).

Amendment of s. 46—Division of benefit where deceased contributor is survived by more than one spouse or domestic co-dependent

44. Section 46 of the principal Act is amended—

(a)by striking out subsection (1) and substituting the following subsection:

(1) If a deceased contributor is survived by—

(a)a lawful spouse and a putative spouse; or

(b)a spouse and a domestic co-dependent,

any benefit to which a surviving spouse or domestic co-dependent is entitled under this Act will be divided between them in a ratio determined by reference to the relative length of the periods for which each of them cohabited with the deceased as his or her spouse or domestic co-dependent.;

(b)by inserting in subsection (3) "or domestic co-dependent" after "spouse";

(c)by inserting in subsection (4) "or domestic co-dependent" after "spouse" (twice occurring);

(d)by inserting in subsection (4) "or domestic co-dependents" after "putative spouses";

(e)by striking out subsection (5) and substituting the following subsection:

(5) Where—

(a)a deceased contributor is survived by more than one spouse or domestic co-dependent; and

(b)a benefit is paid to one of them on the assumption that he or she is the sole surviving spouse or domestic co-dependent of the deceased,

any other spouse or domestic co-dependent has no claim on the benefit insofar as it has been already paid unless that spouse or domestic co-dependent gave the Board notice of his or her claim before the date of the payment.

Amendment of s. 49—Special provision for payment in case of infancy or death

45. Section 49 of the principal Act is amended by inserting in subsection (2)(b) "or domestic co-dependent" after "spouse".

By Authority: J. D. Ferguson, Government Printer, South Australia