South Australian Numbered Acts

STATUTES AMENDMENT (MEMBERS' BENEFITS) ACT 2010 (NO 15 OF 2010) - SECT 17

17—Amendment of section 23—Pension paid for limited period

        (1)         Section 23(1)(b)(ii)—after "spouse" insert:

or an eligible child (or both)

        (2)         Section 23(1)(b)(iii)—after "spouse" insert:

or an eligible child (or both)

        (3)         Section 23(1)(b)(iv)—after "spouse" insert:

or an eligible child (or both)

        (4)         Section 23(1)—after "in accordance with subsection (2)" insert:

or (2a) (as the case requires)

        (5)         Section 23(2)—after subsection (2) insert:

        (2a)         However, if a pension was paid to 1 or more eligible children but not to a spouse, the amount referred to in subsection (1) is the amount of the pension or pensions that would have been payable to, or in relation to, the former member during the period referred to in subsection (1)(c) if—

            (a)         a pension had been payable to a spouse of the former member during that period (in addition to any pension payable to the former member or an eligible child); and

            (b)         the pension or pensions had not ceased,

reduced by—

            (c)         the amount of the lump sum, or the aggregate of the lump sums, (if any) paid on commutation of the pension or pensions; and

            (d)         the amount of the pension or pensions actually paid to, or in relation to, the former member.