Victorian Current Acts Victorian Current ActsS. 17I(1) amended by Nos 23/2008 s. 13(3), 24/2008 s. 62(2).
(1) If no election made under section 17C or 17F is in operation, a person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former associate judge may elect to have part of his or her pension commuted to provide a lump sum for the purposes of payment of the whole or part of the liability for the superannuation contributions surcharge arising because of the entitlement of the former associate judge to receive a pension under this Act or the entitlement of the deceased former associate judge's partner or eligible child to receive a pension under this Act.
(2) An election under subsection (1) must—
S. 17I(2)(a) amended by Nos 23/2008 s. 13(4), 24/2008 s. 62(2)(b).
(a) be made in writing to the Minister within 60 days after the day on which a superannuation contributions surcharge notice was issued in respect of the deceased former associate judge's pension or his or her partner's or eligible child's pension; and
(b) specify the amount of the lump sum (not exceeding the superannuation contributions surcharge) to be provided by the commutation of the pension; and
S. 17I(2)(c) amended by Nos 23/2008 s. 13(3), 24/2008 s. 62(2)(a).
(c) authorise the Minister to pay the lump sum on behalf of the person who is entitled to receive a pension under this Act as the partner or eligible child of a deceased former associate judge to the Commissioner of Taxation to be applied wholly towards payment of the superannuation contributions surcharge; and
(d) be accompanied by a copy of the superannuation contributions surcharge notice.
S. 17J (Heading) amended by Nos 23/2008 s. 13(5), 24/2008 s. 63(1).
S.
17J
inserted by No. 19/2001 s. 15.