S. 18(1A) def. of minimum spouse pension amended as minimum partner pension by No. 27/2001 s. 5(Sch. 3 item 3.6).
minimum partner pension means whichever is the greater of—
(a) 0⋅4 Image unavailable in extracted text the basic salary as at 1 December 1993; and
(b) (0⋅4 Image unavailable in extracted text PS/TS + 0⋅3 Image unavailable in extracted text FS/TS) Image unavailable in extracted textthe basic salary from time to time—
where TS, PS and FS have the same meanings as in section 15 and are calculated at the date of the death of the person or of the person's ceasing to be a member, whichever first occurs.
S. 18(1) amended by Nos 110/1993 s. 104(2)(a), 27/2001 s. 5(Sch. 3 item 3.6).
(1) On the death of a former member who was receiving a pension under this Part the partner of that former member shall until his death be entitled to an annual pension at the rate of—
S. 18(1)(a) amended by No. 8687 s. 3(a).
(a) two-thirds of the pension that would be payable from time to time to the former member but for his death or if the former member had pursuant to section 16 converted the whole or a part of his pension entitlement to a lump sum payment, two-thirds of the pension that would be payable to the former member but for his death if he had not so converted the whole or a part of his pension; or
S. 18(1)(b) substituted by No. 110/1993 s. 104(2)(b), amended by No. 27/2001 s. 5(Sch. 3 item 3.6).
(b) the minimum partner pension—
whichever is the greater at the date of the death of that first-mentioned person.
S. 18(2) amended by Nos 110/1993 s. 104(2)(a), 27/2001 s. 5(Sch. 3 item 3.6).
(2) On the death of a member who has served for an aggregate period of eight years, the partner of that member shall until his death be entitled to an annual pension at the rate of—
S. 18(2)(a) amended by No. 8687 s. 3(b).
(a) two-thirds of the pension that would be payable from time to time to the former member but for his death if he had ceased to be a member on the date of his death and were entitled to a pension under section 15; or
S. 18(2)(b) substituted by No. 110/1993 s. 104(2)(c), amended by No. 27/2001 s. 5(Sch. 3 item 3.6).
(b) the minimum partner pension—
whichever is the greater at the date of death of that former member.
S. 18(3) amended by Nos 110/1993 s. 104(2)(a)(d), 27/2001 s. 5(Sch. 3 item 3.6).
(3) On the death of a member before he has served for an aggregate period of eight years a pension shall be paid to his partner until the death of the partner at the rate of the minimum partner pension.
S. 18(4) amended by No. 27/2001 s. 5(Sch. 3 item 3.6).
(4) Where payment of a pension or other benefit to a person—
(a) is suspended pursuant to subsection (4) of section 15; or
(b) in the case of a member, would be so suspended on his ceasing to be a member—
and his partner becomes entitled to a pension under this Act the payment of the pension to the partner shall likewise be suspended for the period or the balance of the period (as the case requires) for which the pension or other benefit would have been suspended under subsection (4) of section 15 if the pension had been payable to the former member.
S. 18(5) repealed by No. 110/1993 s. 104(2)(e).
S. 18(6) inserted by No. 8687 s. 3(c), amended by Nos 4/1996 s. 75(a)(c), 27/2001 s. 5(Sch. 3 item 3.6), 40/2010 s. 20, 61/2013 s. 16(7).
(6) Where a member dies leaving a child or adult child but no partner or where a pensioner dies leaving a child or adult child but no partner or where the partner of a deceased pensioner dies leaving a child or adult child there shall be payable to such person or persons as the Board considers fit an allowance at such rate as the Board considers fit in respect of each such child or adult child but so that the total amount paid to the child or adult child or children or adult children shall not exceed the amount that would have been payable as a pension to the partner of the deceased.
S. 18(7) inserted by No. 110/1993 s. 104(3), amended by No. 27/2001 s. 5(Sch. 3 item 3.6).
(7) No benefit shall be payable under this Part to a partner who became the partner of a former member only after he or she had finally ceased to be a member and within two years of the death of the former member.
S. 18(8) inserted by No. 110/1993 s. 104(3), amended by Nos 4/1996 s. 75(a), 27/2001 s. 5(Sch. 3 item 3.6), repealed by No. 40/2010 s. 21.
S. 18(9) inserted by No. 110/1993 s. 104(3).
(9) No person is entitled to receive under this Part at the same time more than one pension but is entitled to whichever of those pensions is the greater.
S. 18(10) inserted by No. 110/1993 s. 104(3), amended by No. 27/2001 s. 5(Sch. 3 item 3.6).
(10) Despite anything in this Part, only one partner pension shall be payable in the case of the death of any one member or former member, and if more than one person should appear to qualify for a partner pension then—
S. 18(10)(a) amended by Nos 4/1996 s. 75(a), 27/2001 s. 5(Sch. 3 item 3.6), 61/2013 s. 16(7).
(a) if the member or former member has by request in writing to the Board directed that the partner pension shall be paid wholly to one of the persons qualified to receive it or that each shall be paid part, the Board shall give effect to the member or former member's expressed intentions;
S. 18(10)(b) amended by Nos 4/1996 s. 75(a)(d)(i)(ii), 40/2010 s. 22, 61/2013 s. 16(7).
(b) if paragraph (a) does not apply, the Board shall determine in accordance with section 18AA which of the persons who qualifies shall receive the pension or shall apportion it between them as the Board considers fit.
S. 18AA (Heading) amended by No. 61/2013 s. 16(10).
S. 18AA inserted by No. 40/2010 s. 23.
18AA Board's discretion to determine qualifying partners
S. 18AA(1) amended by No. 61/2013 s. 16(7).
(1) In making a determination under section 18(10)(b), the Board must consider all of the circumstances of the relationship between the deceased member or former member and each person who may qualify for a pension as a partner or former partner of the deceased member or former member, including, if applicable—
(a) the period of time for which that person was in a relationship with the member or former member;
(b) the period of time since the relationship between that person and the member or former member ended;
(c) the financial dependency of that person on the member or former member at the date of death of the member or former member;
(d) whether that person has any dependent children from his or her relationship with the member or former member;
S. 18AA(1)(e) amended by No. 61/2013 s. 16(7).
(e) any submissions made by that person to the Board under subsection (2);
S. 18AA(1)(f) amended by No. 61/2013 s. 16(7).
(f) any other factor that the Board considers relevant.
S. 18AA(2) amended by No. 61/2013 s. 16(7).
(2) A person who was the partner of the deceased member or former member may make written submissions to the Board as to his or her eligibility for a pension as a partner or former partner of the deceased member or former member.
S. 18A inserted by No. 8047 s. 18(1), repealed by No. 56/1992 s. 5, new s. 18A inserted by No. 38/2009 s. 22.