sec.12Agreement or court order—pension

sec.12 Agreement or court order—pension

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 a judge or a retired judge; and the benefit that is being paid, or becomes payable, under this Act to the person is a pension (a relevant benefit ). Subject to subsection (4) , the Minister must pay the entitled former spouse for the agreement or court order the proportion, stated in the agreement or order, of the relevant benefit to which he or she is entitled under the agreement or order (the spousal amount ). The Minister must reduce the relevant benefit that, other than for the agreement or court order, would be payable under this Act to the person mentioned in subsection (1) by the spousal amount. The Minister must pay the entitled former spouse a pension for his or her lifetime (a lifetime pension ) if the entitled former spouse elects, by written notice given to the Minister, to be paid a lifetime pension. The notice must be given to the Minister— if the Minister receives the agreement or court order before the relevant benefit becomes payable—within 3 months after it becomes payable; or otherwise—within 3 months after the day the Minister receives the agreement or order. If the entitled former spouse elects to be paid a lifetime pension, the amount of the pension must be calculated in the way decided by the Minister on the advice of an actuary. s 12 prev s 12 om 1991 No. 68 s 111 sch 2 pres s 12 ins 2004 No. 42 s 8 (sec.12-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 a judge or a retired judge; and the benefit that is being paid, or becomes payable, under this Act to the person is a pension (a relevant benefit ). (sec.12-ssec.2) Subject to subsection (4) , the Minister must pay the entitled former spouse for the agreement or court order the proportion, stated in the agreement or order, of the relevant benefit to which he or she is entitled under the agreement or order (the spousal amount ). (sec.12-ssec.3) The Minister must reduce the relevant benefit that, other than for the agreement or court order, would be payable under this Act to the person mentioned in subsection (1) by the spousal amount. (sec.12-ssec.4) The Minister must pay the entitled former spouse a pension for his or her lifetime (a lifetime pension ) if the entitled former spouse elects, by written notice given to the Minister, to be paid a lifetime pension. (sec.12-ssec.5) The notice must be given to the Minister— if the Minister receives the agreement or court order before the relevant benefit becomes payable—within 3 months after it becomes payable; or otherwise—within 3 months after the day the Minister receives the agreement or order. (sec.12-ssec.6) If the entitled former spouse elects to be paid a lifetime pension, the amount of the pension must be calculated in the way decided by the Minister on the advice of an actuary.