Div 1ACommutation of spouse pension

Division 1A—Commutation of spouse pension 26AA—Commutation of pension (1) The spouse of a deceased member or deceased member pensioner who is entitled to a pension under Division 1 may, by notice in writing to the Board within six months after first becoming entitled to the pension, elect to commute the whole of the pension or such lesser proportion of the pension as he or she thinks fit. (2) The amount of the lump sum payable on commutation of a pension under subsection (1) will be determined by the application of the commutation factors set out in Schedule 3. (3) When determining the amount of the lump sum payable on commutation the applicable commutation factor must be adjusted proportionately to the age of the spouse expressed in years and completed months. (4) A person who became entitled to a pension under this Division on or after 1 January 1993 but before the commencement of the Parliamentary Superannuation (New Scheme) Amendment Act 1995 may by notice in writing to the Board within six months after the commencement of that Act, elect to commute the pension in accordance with this section. Division 2—Child benefit 26AAB—Application of Division This Division applies in relation to members (or former members) of PSS 1 or PSS 2. 26A—Certain former members deemed members at time of death For the purposes of this Division, a former member shall be deemed to have been a member at death if a judge is satisfied that, upon the expiration of the member's term of office or upon the member's resignation, the member genuinely sought to be elected at an election for the Parliament of this State (whether or not for the same electorate or the same House), another State or the Commonwealth (being an election not later than the next general election for that Parliament occurring after the former member ceased to be a member) but that the member died before the election took place. 27—Determination of child benefit For the purposes of sections 28 and 29, the amount of child benefit for each eligible child deriving his entitlement for a child benefit from a member or member pensioner shall be determined— (a) on each occasion on which a person becomes entitled to a child benefit derived from that member or pensioner; and (b) on the number of persons entitled to a child benefit derived from that member or pensioner diminishing; and (c) on each occasion on which pensions are adjusted pursuant to section 35. 28—Child benefit, general (1) Except as is provided in section 29, there shall be payable in respect of each person who becomes an eligible child in relation to a deceased member or deceased member pensioner a child benefit ascertained in the manner provided by subsection (2). (2) The child benefit referred to in subsection (1) shall, subject to subsection (3), be a payment in respect of each eligible child of an amount— (a) in the case of 1 or 2 eligible children, equal to ⅓ of the prescribed amount; and (b) in the case of 3 or more such eligible children, equal to the prescribed amount divided by the number of eligible children. prescribed amount is an amount equal to the difference between the amount of the notional pension of the deceased member or member pensioner from whom the entitlement to a child benefit is derived and the amount of the spouse pension payable to the spouse of the deceased member or deceased member pensioner. 29—Child benefit where no spouse's pension payable (1) There shall be payable in respect of each person who becomes an eligible child in relation to a deceased member or deceased member pensioner, where a pension deriving from that deceased member or deceased pensioner is not payable to a spouse of that member or pensioner, a child benefit ascertained in the manner provided by subsection (2). (2) The child benefit referred to in subsection (1) shall, subject to subsection (3), be a payment in respect of each such eligible child of an amount— (a) in the case of 1 eligible child, equal to 45 per cent of the notional pension for the time being of the member or member pensioner from whom the entitlement to a child benefit is derived; and (b) in the case of 2 such eligible children, equal to 40 per cent of the notional pension for the time being of the member or member pensioner from whom the entitlement to a child benefit is derived; and (c) in the case of 3 such eligible children, equal to 30 per cent of the notional pension for the time being of the member or member pensioner from whom the entitlement to a child benefit is derived; and (d) in the case of 4 or more such eligible children, equal to the notional pension for the time being of the member or member pensioner from whom the entitlement to a child benefit is derived divided by the number of such children. 30—Payment to, or on behalf of, child An amount payable under this Act to a person who is, or was, an eligible child may, if that person is under the age of 18 years, be paid— (a) to that person; or (b) to that person's parent or guardian on that person's behalf, as the Board directs. 31—Cessation of child benefit A child benefit under this Division shall cease to be payable in respect of a person who is an eligible child on that person ceasing to be an eligible child.