46Board's discretion to determine qualifying partners

46 Board's discretion to determine qualifying partners

(1) In making a determination under section 45(3)(b), the Board must consider all of the circumstances of the relationship between the deceased member or pensioner and each person who may qualify for a pension as a partner or former partner of the deceased member or pensioner, including, if applicable—

(a) the period of time for which that person was in a relationship with the member or pensioner;

(b) the period of time since the relationship between that person and the member or pensioner ended;

(c) the financial dependency of that person on the member or pensioner at the date of death of the member or pensioner;

(d) whether that person has any dependent children from his or her relationship with the member or pensioner;

(e) any submissions made by that person to the Board under subsection (2);

(f) any other factor that the Board considers relevant.

(2) A person who was the partner of the deceased member or pensioner 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 pensioner.

S. 47 (Heading) inserted by No. 27/2001 s. 5(Sch. 3 item 4.9), amended by No. 40/2010 s. 59(1).

S. 47 substituted by Nos 9657 s. 15, 9978 s. 14(4) (as amended by No. 10087 s. 3(1)(Sch. 1 item 238)), amended by No. 10258 s. 10(zc)(i)(ii), substituted by No. 120/1994 s. 49, amended by No. 40/2010 s. 59(2).