NSWIn ForceAct
Superannuation Act 1916
33AVariation of pension in certain circumstances
Start here
Get a plain-English read of 33A
Turn the raw legal text into a practical explanation grounded in Superannuation Act 1916.
#### 33A Variation of pension in certain circumstances
33A Variation of pension in certain circumstances
> **s 33A, hdg:** Ins 1978 No 143, Sch 7 (5). Rep 1987 No 40, Sch 1 (20).
>
> > (1) In this section, a reference to pension under this Act is a reference to pension payable under this Act, including any increase to that pension payable under this or any other Act.
>
> > (2) Where a person entitled to receive a pension under this Act or a child or student in respect of whom such a pension is payable would, in the opinion of STC, thereby be prejudicially affected in respect of any benefits otherwise receivable by that person, or that child or student, the amount of pension payable shall be such lesser amount than that provided for under this or any other Act as STC from time to time determines.
>
> > (3), (4) (Repealed)
>
> > (5) Where STC, under subsection (2), determines an amount of pension under this Act, the amount of the pension as determined by STC shall be payable in respect of such periods or at such times by way of lump sum or otherwise as STC from time to time determines.
>
> > (6) A part of a pension that is not paid because of the operation of subsection (2) shall, in calculating a pension payable under section 30 or 31, be taken into account as if it had been payable.
>
> **s 33A:** Ins 1971 No 7, sec 3 (1) (f). Am 1978 No 143, Sch 2 (18). Subst 1983 No 21, Sch 8 (3). Am 1993 No 111, Sch 6 (36); 1996 No 39, Sch 4; 1998 No 72, Sch 1.4 \[5\]; 1999 No 31, Sch 1.50 \[3\].