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COUNTY COURT ACT 1958 - SECT 14AC

Actuary's second calculation after election of the judges to commute pensions and payment of lump sums

S. 14AC(1) amended by No. 23/2008 s. 10(3)(4).

    (1)     If an election under section 14AA is in operation, a former judge or, if he or she has died, the judge's partner or eligible child must, within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the judge's pension or his or her partner's or eligible child's pension, lodge with the Minister—

S. 14AC(1)(a) amended by No. 23/2008 s. 10(3).

        (a)     a notice that authorises the Minister to pay the lump sum that is equal to the superannuation contributions surcharge on behalf of the former judge or his or her partner or eligible child to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and

        (b)     a copy of the superannuation contributions surcharge notice.

    (2)     Within 10 days after the day on which the Minister received the authorisation and a copy of the superannuation contributions surcharge notice under subsection (1), the Minister must cause an actuary

        (a)     to review the determination made under section 14AB(1); and

S. 14AC(2)(b) amended by No. 23/2008 s. 10(3).

        (b)     subject to section 14AB(4), make any necessary adjustments to the determination and to the pension payable to the former judge and to any future entitlement of the former judge's partner or eligible child to a pension upon the judge's death.

    (3)     If an election under section 14AA is in operation and the Minister has received an authorisation under subsection (1), the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge.

S. 14AD inserted by No. 19/2001 s. 13.



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