Western Australian Numbered Acts Western Australian Numbered Acts Delete
section 19(4) and (5) and insert:
(4) A pension is not
payable under this section to a spouse or de facto partner referred to in
subsection (1) or (1a) if the marriage to the former member took place
after the former member finally ceased to be a member except in the following
cases —
(a) if
the former member died before the coming into operation of the Parliamentary
Superannuation Amendment Act 2011 section 10 a pension is
payable —
(i)
if the spouse or de facto partner is aged
55 years or more at the date of the former member’s death, as from
that date; or
(ii)
if the spouse or de facto partner is aged less than
55 years at the date of the former member’s death, as from the date
of attaining that age;
(b) if
the former member dies on or after the coming into operation of the
Parliamentary Superannuation Amendment Act 2011 section 10 a pension is
payable if —
(i)
the marriage took place not less than 5 years before
the date of the former member’s death; or
(ii)
at the date of the former member’s death there is
at least one child of the former member and the spouse or de facto
partner who is wholly or substantially dependent on them; or
(iii)
the Board is satisfied that —
(I) the marriage was of a bona fide nature;
and
(II) the special
circumstances of the case warrant the payment of a pension to the spouse or
de facto partner;
(c) if
the former member dies on or after the coming into operation of the
Parliamentary Superannuation Amendment Act 2011 section 10 and the
marriage to the former member took place before the coming into operation of
that Act and no pension is payable under paragraph (b) a pension is
payable —
(i)
if the spouse or de facto partner is aged
55 years or more at the date of the former member’s death, as from
that date; or
(ii)
if the spouse or de facto partner is aged less than
55 years at the date of the former member’s death, as from the date
of attaining that age.