Public Sector Superannuation Reform Regulations 2017
109Determination of surviving partner
Start here
Get a plain-English read of 109
Turn the raw legal text into a practical explanation grounded in Public Sector Superannuation Reform Regulations 2017.
109 Determination of surviving partner
(1) If the Commission is satisfied that, at the time of a Fund member's death –
(a) a person –
(i) was the spouse of the Fund member who was living with the Fund member on a genuine domestic basis; and
(ii) was receiving significant financial support from the Fund member; or
(b) if there is no person referred to in paragraph (a) , a person was the spouse of the Fund member and was living with the Fund member on a genuine domestic basis; or
(ba) [Regulation 109 Subregulation (1) amended by S.R. 2022, No. 11, Applied:31 Mar 2022] if there is no person referred to in paragraph (a) or (b) , a person was the spouse of the Fund member and, but for a medical reason or because of the care needed to be provided to the person, would have been living with the Fund member; or
(c) [Regulation 109 Subregulation (1) amended by S.R. 2022, No. 11, Applied:31 Mar 2022] if there is no person referred to in paragraph (a) , (b) or (ba) , a person was the spouse of the Fund member who was not living with the Fund member on a genuine domestic basis but was receiving significant financial support from the Fund member –
the Commission must determine that person to be the surviving partner of the Fund member.
(2) The Commission must not determine more than one person to be the surviving partner of a Fund member.
(3) In determining whether a person is the surviving partner of a Fund member, the Commission may have regard to such matters as it considers relevant.