Where a spouse or de
facto partner is entitled to receive or is in receipt of —
(a) a
pension under this Act as the spouse or de facto partner of a judge or retired
judge; and
(b) a
pension under the Superannuation and Family Benefits Act 1938 1 , by reason
of being the spouse or de facto partner of a judge who was at some time a
contributor under that Act,
then the first
mentioned pension shall be reduced by such proportion of the pension under the
Superannuation and Family Benefits Act 1938 1 , as is verified by the Board
under that Act to be equivalent to the amount paid or payable to the Fund
under that Act by the State or a Department under that Act in respect of the
last mentioned pension.
[Section 8A inserted: No. 99 of 1970 s. 5;
amended: No. 108 of 1975 s. 8; No. 28 of 2003 s. 96.]