sec.16CAgreement or court order—minimum benefit

sec.16C Agreement or court order—minimum benefit

This section applies if— the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is the Governor; and the benefit that becomes payable under this Act in relation to the person is a minimum benefit under section 13 . The Minister must pay to an approved deposit fund, or a superannuation fund, nominated by the entitled former spouse for the agreement or court order the amount to which he or she is entitled under the agreement or order. However, if the entitled former spouse does not nominate a fund for subsection (2) within 3 months after the day the minimum benefit becomes payable, the Minister must pay the amount to the scheme under the Superannuation (State Public Sector) Act 1990 on behalf of the entitled former spouse. The Minister must reduce the benefit that, other than for the agreement or court order, would be payable under this Act in relation to the person mentioned in subsection (1) by the amount paid to the entitled former spouse. This section does not apply to an agreement or court order if section 16E applies to the agreement or order. s 16C ins 2004 No. 42 s 4 amd 2021 No. 20 s 59 sch 1 (sec.16C-ssec.1) This section applies if— the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is the Governor; and the benefit that becomes payable under this Act in relation to the person is a minimum benefit under section 13 . (sec.16C-ssec.2) The Minister must pay to an approved deposit fund, or a superannuation fund, nominated by the entitled former spouse for the agreement or court order the amount to which he or she is entitled under the agreement or order. (sec.16C-ssec.3) However, if the entitled former spouse does not nominate a fund for subsection (2) within 3 months after the day the minimum benefit becomes payable, the Minister must pay the amount to the scheme under the Superannuation (State Public Sector) Act 1990 on behalf of the entitled former spouse. (sec.16C-ssec.4) The Minister must reduce the benefit that, other than for the agreement or court order, would be payable under this Act in relation to the person mentioned in subsection (1) by the amount paid to the entitled former spouse. (sec.16C-ssec.5) This section does not apply to an agreement or court order if section 16E applies to the agreement or order.

• (a) the Minister receives an agreement or court order that relates to a person who, at the operative time for the agreement or order, is the Governor; and
• (b) the benefit that becomes payable under this Act in relation to the person is a minimum benefit under section 13 .