Commonwealth Consolidated Acts

SUPERANNUATION ACT 1976 - SECT 146MD

  (1)   If:

  (a)   the total annual rate of associate standard pension and associate additional pension (if any) to which the non - member spouse becomes entitled; or

  (b)   the annual rate of associate deferred pension to which the non - member spouse becomes entitled;

is less than the amount determined under the Orders, then the non - member spouse may elect to commute those pensions or that pension.

  (2)   The election must be made in writing to CSC not later than 3 months after the non - member spouse becomes entitled to the pensions or pension.

  (3)   If the non - member spouse makes the election, then the non - member spouse is entitled instead to:

  (a)   if paragraph   (1)(a) applies--a lump sum equal to the transfer amount; or

  (b)   if paragraph   (1)(b) applies--a lump sum calculated under the Orders.