(a) cause an actuary to determine the extent to S. 104C(1)(a) which the former Associate Judge's pension amended by Nos 11/2002 and any future entitlement of the Associate s. 3(Sch. 1 Judge's partner or eligible child to a pension item 59.2), 23/2008 upon the Associate Judge's death otherwise s. 16(3), payable under this Act will be reduced 24/2008 s. 31(2)(a)(ii) subject to subsection (4) and taking into (b). account the lump sum to be provided by the commutation of part of the Associate Judge's total pension entitlement and that of his or her partner or eligible child at the time at which the former Associate Judge became entitled to his or her pension for the purposes of payment of the whole of the liability for the superannuation contributions surcharge; and (b) notify the former Associate Judge or, if he or S. 104C(1)(b) amended by she has died, the former Associate Judge's Nos 23/2008 partner or eligible child of the actuary's s. 16(3), 24/2008 determination under subsection (1)(a). s. 31(2)(a)(ii) (b). (2) A former Associate Judge or, if he or she has died, S. 104C(2) amended by the former Associate Judge's partner or eligible Nos 23/2008 child may revoke the election under section 104B s. 16(3), 24/2008 within 10 days after the Minister's notification s. 31(2)(b)(c). under subsection (1)(b). (3) If an election under section 104B is in operation, S. 104C(3) amended by the former Associate Judge's pension and any Nos 23/2008 future entitlement of the former Associate Judge's s. 16(3), 24/2008 partner or eligible child to a pension upon the s. 31(2)(b). Associate Judge's death otherwise payable from time to time under this Act must be reduced to the extent determined under subsection (1).
S. 104C(1)(a) amended by Nos 11/2002 s. 3(Sch. 1 item 59.2), 23/2008 s. 16(3), 24/2008 s. 31(2)(a)(ii) (b). (a) cause an actuary to determine the extent to which the former Associate Judge's pension and any future entitlement of the Associate Judge's partner or eligible child to a pension upon the Associate Judge's death otherwise payable under this Act will be reduced subject to subsection (4) and taking into account the lump sum to be provided by the commutation of part of the Associate Judge's total pension entitlement and that of his or her partner or eligible child at the time at which the former Associate Judge became entitled to his or her pension for the purposes of payment of the whole of the liability for the superannuation contributions surcharge; and S. 104C(1)(b) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(2)(a)(ii) (b). (b) notify the former Associate Judge or, if he or she has died, the former Associate Judge's partner or eligible child of the actuary's determination under subsection (1)(a). S. 104C(2) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(2)(b)(c). (2) A former Associate Judge or, if he or she has died, the former Associate Judge's partner or eligible child may revoke the election under section 104B within 10 days after the Minister's notification under subsection (1)(b). S. 104C(3) amended by Nos 23/2008 s. 16(3), 24/2008 s. 31(2)(b). (3) If an election under section 104B is in operation, the former Associate Judge's pension and any future entitlement of the former Associate Judge's partner or eligible child to a pension upon the Associate Judge's death otherwise payable from time to time under this Act must be reduced to the extent determined under subsection (1).
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