Governors (Salary and Pensions) Act 2003
sec.14Competing claims for pension as surviving partner
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sec.14 Competing claims for pension as surviving partner
This section applies to a pension payable to a surviving partner of a deceased Governor if the appointment as Governor was made on or after 29 July 1997. If, apart from this subsection, the pension would be payable to more than 1 surviving partner because the deceased Governor left more than 1 surviving partner— the pension is payable as decided by the Minister after consultation with the member who is recognised in the Legislative Assembly as the Leader of the Opposition; and the total amount of pension payable to the surviving partners at any time must be equal to the amount of the pension that would have been payable if the deceased Governor left only 1 surviving partner. For subsection (2) (a) , the Minister may decide— that the pension is not payable to 1 or some, but not all, of the surviving partners; or subject to subsection (2) (b) , how the amount of the pension is to be apportioned between the surviving partners. For subsection (3) , the Minister must have regard to the needs of each of the surviving partners and other matters the Minister reasonably considers relevant. (sec.14-ssec.1) This section applies to a pension payable to a surviving partner of a deceased Governor if the appointment as Governor was made on or after 29 July 1997. (sec.14-ssec.2) If, apart from this subsection, the pension would be payable to more than 1 surviving partner because the deceased Governor left more than 1 surviving partner— the pension is payable as decided by the Minister after consultation with the member who is recognised in the Legislative Assembly as the Leader of the Opposition; and the total amount of pension payable to the surviving partners at any time must be equal to the amount of the pension that would have been payable if the deceased Governor left only 1 surviving partner. (sec.14-ssec.3) For subsection (2) (a) , the Minister may decide— that the pension is not payable to 1 or some, but not all, of the surviving partners; or subject to subsection (2) (b) , how the amount of the pension is to be apportioned between the surviving partners. (sec.14-ssec.4) For subsection (3) , the Minister must have regard to the needs of each of the surviving partners and other matters the Minister reasonably considers relevant.
- (a) the pension is payable as decided by the Minister after consultation with the member who is recognised in the Legislative Assembly as the Leader of the Opposition; and
- (b) the total amount of pension payable to the surviving partners at any time must be equal to the amount of the pension that would have been payable if the deceased Governor left only 1 surviving partner.
- (a) that the pension is not payable to 1 or some, but not all, of the surviving partners; or
- (b) subject to subsection (2) (b) , how the amount of the pension is to be apportioned between the surviving partners.