32Suspension of pensions

32 Suspension of pensions

(1)  If a person who is receiving or is entitled to receive a pension –

(a) becomes a member of the Parliament of the Commonwealth or a Territory or a State other than this State; or

(b) is not a person to whom regulation 31 relates and again becomes a member of Parliament –

the right of that person to receive a pension is suspended while that person continues to be a member of Parliament.

(2)  If a person to whom a pension would be payable but for this regulation has become entitled to payment of a pension by reason of –

(a) having been a member; or

(b) being the surviving partner of a member of the Parliament of the Commonwealth or of a Territory or a State other than this State –

that person's entitlement to payment of a pension under this Part is suspended while that person is so entitled.

(3)  Despite subregulation (2) , if a person has received a pension or other benefit under an entitlement referred to in that subregulation, the Commission may direct payment to that person of a pension of such amount as the Commission thinks fit, but so that the aggregate of –

(a) the amount of the pension so directed to be paid; and

(b) the amount of the pension, or the pension equivalent of the other benefit, that the person has received under that entitlement –

does not exceed the annual pension that would have been payable under this Division but for this regulation.