Tasmanian Numbered Regulations

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RETIREMENT BENEFITS REGULATIONS 2005 (S.R. 2005, NO. 77) - REG 101

Commutation of pension on death of non-member spouses
(1)  Where a share of a pension is payable to a non-member spouse under this Part, the Board is to commute that share to a lump sum if that non-member spouse predeceases the member spouse in respect of whom the pension is being paid.
(2)  For the purposes of subregulation (1) , the commutation factors are to be determined by the Board on the advice of the Actuary.
(3)  A share of a pension paid or payable to a non-member spouse under this Part does not revert to the widow or widower of that non-member spouse on the death of that non-member spouse.
(4)  A lump sum payment calculated under subregulation (1) is to be paid to the legal personal representative of the non-member spouse and is to be made in accordance with Part VIIIB of the Family Law Act.
(5)  A share of a pension payable to a non-member spouse under this Part ceases –
(a) on the death of the relevant member spouse; or
(b) where a reversionary pension is payable in respect of a member spouse, on the cessation of that reversionary pension.



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