7AGovernor's pension

7A Governor's pension S. 7A(1) amended by No. 9721 s. 2(a). (1) Every Governor who— (a) has resigned or retired after serving in the office of Governor for a period of not less than five years; or S. 7A(1)(b) amended by No. 46/1987 s. 6. (b) having served in the office of Governor for a period less than five years has retired or resigned and the Governor in Council is satisfied that that person's retirement or resignation was due to ill health or physical or mental incapacity to perform the duties of that person's office— shall subject to subsection (4) be entitled upon resignation or retirement from his office to a pension payable fortnightly at the rate per annum of sixty per centum of the annual salary of the Chief Justice of Victoria for the time being fixed under section 82(1). (2) Reference to a Governor in subsection (1) of this section shall include a reference to any former Governor provided that any pension to which such former Governor thereby becomes entitled under this section shall only become due and payable on and from the date on which the **Constitution (Governor's Pension) Act 1978** comes into operation and not before. S. 7A(2A) inserted by No. 1/1986 s. 5(1). (2A) A Governor who— (a) resigns or retires after serving in the office of Governor for a period of not less than one year but less than five years; and (b) is not entitled to a pension under subsection (1)(b)— is, subject to subsection (4), entitled upon resignation or retirement from office to a pension payable fortnightly— (c) at the rate per annum calculated in accordance with the formula ![]() where— A is the amount of the pension to which the Governor would have been entitled under subsection (1) if the Governor had served in the office for five years; and B is the number of full years served by the Governor in the office; or S. 7A(2A)(d) amended by No. 46/1998 (d) at such higher rate per annum as was determined by the Governor in Council on the recommendation of the Premier and Minister administering Part 7 of the **Financial Management Act 1994** when the Governor was appointed or as is so determined when the Governor resigns or retires. S. 7A(2B) inserted by No. 1/1986 s. 5(1). (2B) A reference to a Governor in subsection (2A) includes a reference to a former Governor who resigns or retires on or after the commencement of section 5 of the **Constitution (Governor's Salary and Pension) Act 1985**. S. 7A(3) amended by Nos 9721 s. 2(b), 1/1986 s. 5(2), 46/1987 s. 6, 23/2008 s. 4(1)(a)(b). (3) Upon the death— S. 7A(3)(a) amended by No. 46/1987 s. 6. (a) of any person who at the time of that person's death was serving in the office of Governor; or (b) of any person who being a former Governor is entitled to a pension under this section— that person's partner shall subject to subsection (4) until the partner's death or marriage or until the partner becomes the domestic partner of another person be entitled to a pension payable fortnightly at the rate per annum of— S. 7A(3)(c) inserted by No. 1/1986 s. 5(2). (c) if the person was entitled to a pension under subsection (1)—three-eighths of the annual salary of the Chief Justice of Victoria for the time being fixed under section 82(1); S. 7A(3)(d) inserted by No. 1/1986 s. 5(2). (d) if the person was entitled to a pension under subsection (2A)—three-eighths of the pension to which the person would have been entitled but for the death. S. 7A(4) amended by Nos 46/1987 s. 6, 48/1987 s. 7, 23/2008 s. 4(1)(a). (4) The pension to which a person is entitled under this section shall be reduced by an amount equal to the total of the amounts, if any, that that person is entitled to receive by way of pension or retirement allowance in respect of that person's service or the service of the partner of that person under the Crown whether in right of the State of Victoria or otherwise in respect of public service in any part of the British Commonwealth of Nations but not including any amounts payable to that person under the Commonwealth Veterans' Entitlements Act 1986 as amended from time to time or under any other Act enacted in any part of the British Commonwealth of Nations and proclaimed by proclamation of the Governor in Council published in the Government Gazette as an Act for the purposes of this subsection. S. 7A(5) amended by Nos 46/1987 s. 6, 23/2008 s. 4(1)(a)(c). (5) Notwithstanding anything contained in subsection (3) of this section no pension shall be payable to the partner of any former Governor in any case where that partner married or became the domestic partner of that former Governor after that person ceased to be the Governor. S. 7A(5A) inserted by No. 23/2008 s. 5. (5A) Subsections (8) to (22) of section 83 apply with such modifications as are necessary to and in respect of a pension under this section in the same circumstances and to the same extent as those subsections apply to and in respect of a pension under section 83. S. 7A(6) amended by No. 19/2001 s. 5. (6) All pensions payable pursuant to this section and any payments of lump sums provided by the commutation of those pensions shall be payable out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly. S. 7B