104J Payment and commutation of pensions of former S. 104J Associate Judges' partners and eligible children (Heading) amended by Nos 23/2008 (1) If an election under section 104H is in operation, s. 16(5), the Minister must cause the amount of the lump 24/2008 sum to be paid to the Commissioner of Taxation s. 35(1). S. 104J within the period stated in the superannuation inserted by contributions surcharge notice to be applied No. 19/2001 s. 21. towards payment of the superannuation contributions surcharge. (2) On payment of the lump sum, the pension of a S. 104J(2) amended by person entitled to receive a pension as the partner Nos 23/2008 or eligible child of the deceased former Associate s. 16(3), 24/2008 Judge otherwise payable from time to time under s. 35(2)(a). this Act must be reduced to the extent determined under section 104I. (3) For the purposes of section 104I— (a) the reduction of any future entitlement of the S. 104J(3)(a) amended by Associate Judge's partner or eligible child to Nos 23/2008 a pension must not exceed 15% of— s. 16(3), 24/2008 s. 35(2)(b). (i) an amount equal to the total pension S. 104J(3)(a)(i) amended by entitlement of the Associate Judge and Nos 23/2008 s. 16(3), his or her partner and eligible children 24/2008 on the day on which the Associate s. 35(2)(a). Judge resigned or retired; or (ii) in the case of the Associate Judge's S. 104J (3)(a)(ii) death while in office, an amount equal amended by to his or her partner's and eligible Nos 23/2008 s. 16(4), children's total pension entitlement on 24/2008 the day on which the Associate Judge s. 35(2). died; and (b) the reduction must be a fixed percentage to be applied to the pension entitlement under the Act; and
S. 104J (Heading) amended by Nos 23/2008 s. 16(5), 24/2008 s. 35(1). S. 104J inserted by No. 19/2001 s. 21. 104J Payment and commutation of pensions of former Associate Judges' partners and eligible children (1) If an election under section 104H is in operation, the Minister must cause the amount of the lump sum to be paid to the Commissioner of Taxation within the period stated in the superannuation contributions surcharge notice to be applied towards payment of the superannuation contributions surcharge. S. 104J(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(2)(a). (2) On payment of the lump sum, the pension of a person entitled to receive a pension as the partner or eligible child of the deceased former Associate Judge otherwise payable from time to time under this Act must be reduced to the extent determined under section 104I. (3) For the purposes of section 104I— S. 104J(3)(a) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(2)(b). (a) the reduction of any future entitlement of the Associate Judge's partner or eligible child to a pension must not exceed 15% of— S. 104J(3)(a)(i) amended by Nos 23/2008 s. 16(3), 24/2008 s. 35(2)(a). (i) an amount equal to the total pension entitlement of the Associate Judge and his or her partner and eligible children on the day on which the Associate Judge resigned or retired; or S. 104J (3)(a)(ii) amended by Nos 23/2008 s. 16(4), 24/2008 s. 35(2). (ii) in the case of the Associate Judge's death while in office, an amount equal to his or her partner's and eligible children's total pension entitlement on the day on which the Associate Judge died; and (b) the reduction must be a fixed percentage to be applied to the pension entitlement under the Act; and
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