47Provisions applying to deferred pensions

47 Provisions applying to deferred pensions S. 47(1) amended by No. 72/1990 s. 5(1). (1) If a revised scheme member was not contributing for all of his or her optional units under the **Superannuation Act 1958** the Board must make an appropriate adjustment in calculating the deferred pension under section 44, 45, 46 or 61. (2) If a person who is entitled to a deferred pension is not a pensioner but is unable to work because of a disability this Act applies with such adaptations as are necessary in all respects as if he or she was a contributor who had become unable to perform his or her duties because of disability but— (a) section 34(1) applies as if any reference to "revised scheme member's pension" was a reference to "pension which he or she had elected to receive on attaining the age of 60 years"; and (b) any pension under this subsection may cease to be payable during any period the Board thinks fit. S. 47(3) amended by Nos 49/1992 s. 14(a), 27/2001 s. 5(Sch. 3 item 5.13). (3) On the death of a person who is entitled to a deferred pension and is not a pensioner, he or she is deemed to have been a revised scheme member at the date of his or her death and this Act applies accordingly but the pension to which his or her partner is entitled is to be two-thirds of the pension which the deceased would have received on attaining the age of 60 years. S. 47(4) repealed by No. 72/1990 s. 5(2). S. 47(5) amended by Nos 49/1992 s. 14(b), 82/1996 s. 62(a)(b), 27/2001 s. 5(Sch. 3 item 5.13). (5) If a person who is entitled to a deferred pension has a partner after becoming so entitled, a pension is not payable upon his or her death to his or her partner or in respect of any children of that partner and that person, born after becoming his or her partner. S. 47(6) amended by No. 72/1990 s. 5(3). (6) Subject to subsection (6A), section 39 applies to a person entitled to a deferred pension as if he or she was a revised scheme member entitled to a pension under section 33 at the time the deferred pension became payable. S. 47(6A) inserted by No. 72/1990 s. 5(4). (6A) Section 39 applies to a person who becomes entitled to a deferred benefit under section 46(1)(a) on or after 1 April 1991 as if— (a) he or she was a revised scheme member entitled to a pension under section 33 at the time the deferred pension became payable; and (b) the Board had determined under section 39(8) that 2 elections could be made; and (c) the cash benefit paid under section 46(1)(a) is the lump sum equivalent to 20 per cent of the deferred pension. (7) The deferred pension is payable upon the revised scheme member attaining the age of 60 years. (8) A revised scheme member may elect to receive a deferred pension at any time after attaining the minimum age for retirement. (9) If a revised scheme member makes an election under subsection (8) the deferred pension must be multiplied by— where C60 and CR have the same meanings as in section 33(1). S. 47(10) inserted by No. 110/1993 s. 76, repealed by No. 82/1996 s. 67, new s. 47(10) inserted by No. 95/2000 s. 6(5). (10) A revised scheme member who is entitled to a deferred pension under section 44(1)(b), 44(2), 45, 46(1)(a) or 46(1)(b) may elect in writing to the Board to— S. 47(10)(b) substituted by Nos 40/2004 s. 28(2), 37/2007 s. 30(1). (b) have the lump sum rolled over or transferred within the superannuation system as nominated by the revised scheme member. S. 47(10A) inserted by No. 73/2001 s. 5(4). (10A) A person who is entitled to a deferred pension or a deferred benefit under the **Superannuation Act 1958** may elect in writing to the Board to— S. 47(10A)(b) substituted by Nos 40/2004 s. 28(3), 37/2007 s. 30(2). (b) have the lump sum rolled over or transferred within the superannuation system as nominated by the person. S. 47(11) inserted by No. 110/1993 s. 76, repealed by No. 82/1996 s. 67, new s. 47(11) inserted by No. 95/2000 s. 6(5), amended by No. 73/2001 s. 5(5). (11) The method of calculating the conversion under subsection (10) or (10A) is to be determined by the Minister on the advice of an actuary appointed by the Board. S. 48 (Heading) inserted by No. 40/2010 s. 83(1).