23Spouse or de facto partner entitled to only one pension under this Act

#### 23 Spouse or de facto partner entitled to only one pension under this Act 23 Spouse or de facto partner entitled to only one pension under this Act > > (1) If the spouse or de facto partner of a deceased member or deceased former member of the police force would, but for this section, become entitled— > > > > > (a) to more than one superannuation allowance under section 11, 11A, 11B, 11C or 12 or under two or more of those sections, or > > > > > (b) to a superannuation allowance in relation to the death of a person under section 11, 11A, 11B or 11C and a superannuation allowance in relation to the death of some other person under section 12, > > > > that spouse or de facto partner is entitled to only one of those allowances, being, where they are not equal, the greater or greatest of them. > > > (2) In this section, a reference to a superannuation allowance includes a reference to a gratuity that has been paid to the spouse or de facto partner of a deceased member or deceased former member of the police force instead of that allowance. > > > (3) Regulations under this Act may be made for the purpose of enabling STC, in a case where the spouse or de facto partner of a deceased member or deceased former member of the police force is entitled to only one of two or more superannuation allowances by virtue of subsection (1), to determine which of those allowances is the greater or greatest. > > > (4) Where the surviving spouse of a member or former member of the police force was not eligible to receive a superannuation allowance under section 11A, 11B, 11C or 12 because the allowance was suspended in accordance with subsection (1) of this section (as in force before the commencement of Schedule 1 (19) of the [Police Regulation (Superannuation) Amendment Act 1988](/view/pdf/asmade/act-1988-134)), that suspension ceases to have effect on and from that commencement, but that surviving spouse is not eligible to receive such an allowance in respect of any period before the beginning of the first pension payment period occurring after that commencement. > > **s 23:** Ins 1981 No 24, Sch 1 (19). Am 1984 No 73, Sch 1 (29). Subst 1988 No 134, Sch 1 (19). Am 1996 No 39, Sch 4; 2018 No 28, Sch 1.28 \[2\].