Immigration (Transition) (Amendment) (No.2) Law, 2020 (law 39 of 2020)
BillNATIONAL PENSIONS (AMENDMENT) (NO. 2) BILL, 2020 A BILL FOR A LAW TO AMEND THE NATIONAL PENSIONS LAW (2012 REVISION) AS A CONSEQUENCE OF THE ENACTMENT OF THE DOMESTIC PARTNERSHIP LAW, 2020; AND FOR INCIDENTAL AND CONNECTED PURPOSES
Introduced
PUBLISHING DETAILS Sponsoring Ministry/Portfolio: Governor's Office
National Pensions (Amendment) (No. 2) Bill, 2020 Objects and Reasons
Introduced
Memorandum of OBJECTS AND REASONS This Bill seeks to amend the National Pensions Law (2012 Revision) (the “principal Law”) as a consequence of the enactment of the Domestic Partnership Law, 2020 and to provide for incidental and connected purposes.
Clause 1 provides the short title and commencement of the legislation.
Clause 2 amends section 3 of the principal Law to introduce new definitions and expand existing definitions of certain terms used in the Law.
Clause 3 amends section 23 of the principal Law to add a member or former member’s domestic partner or former domestic partner to the list of persons who may inspect the administrator’s documents in relation to a pension plan and pension fund.
Clause 4 amends section 36 of the principal Law to enable a domestic partner of a former member to receive joint and survivor pension benefits.
Clause 5 amends section 38 of the principal Law to clarify that the surviving domestic partner of a former member of a pension plan who is receiving a pension under such pension plan remains entitled to such pension notwithstanding the entering into a subsequent domestic partnership or marriage by such surviving domestic partner.
Clause 6 amends section 39 of the principal Law to enable a domestic partner of a member or former member to receive pre-retirement death benefits upon the death of the member or former member.
Clause 7 amends section 42 of the principal Law to enable the administrator to distribute small benefits to the domestic partner of a member where the member is deceased.
Clause 8 amends section 43 of the principal Law to provide for the arrangements for payment on the dissolution of a domestic partnership.
Clause 9 amends section 55(2) of the principal Law to clarify that a transfer required by a court order relating to the transfer of assets on the dissolution of a domestic partnership is not a void transaction under that section.
Clause 10 amends section 56(4) of the principal Law to clarify that the exemption of a pension plan from execution, seizure or attachment does not apply where such process is imposed in satisfaction of a court order made upon the dissolution of a domestic partnership or other payments respecting a dissolution of a domestic partnership.
National Pensions (Amendment) (No. 2) Bill, 2020 Arrangement of Clauses
Introduced
NATIONAL PENSIONS (AMENDMENT) (NO. 2) BILL, 2020
Arrangement of Clauses Clause 1.
2.
3.
4.
5.
6.
7.
8.
9.
#10. National Pensions (Amendment) (No. 2) Bill, 2020
Clause 1
Introduced
NATIONAL PENSIONS (AMENDMENT) (NO. 2) BILL, 2020
A BILL FOR A LAW TO AMEND THE NATIONAL PENSIONS LAW (2012 REVISION) AS A CONSEQUENCE OF THE ENACTMENT OF THE DOMESTIC PARTNERSHIP LAW, 2020; AND TO PROVIDE FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Governor in accordance with section 81 of the Constitution, after consultation with the Premier and with the prior approval of a Secretary of State.
#1. Short title and commencement
#1. (1) This Law may be cited as the National Pensions (Amendment) (No. 2) Law,
#2020. (2) This Law comes into force immediately after the commencement of the
Domestic Partnership Law, 2020.
#2. Amendment of section 3 of the National Pensions Law (2012 Revision) -
definitions
#2. The National Pensions Law (2012 Revision), in this Law referred to as the
“principal Law”, is amended in section 3 as follows — (a) by inserting in the appropriate alphabetical sequence the following definitions —
Clause 3 National Pensions (Amendment) (No. 2) Bill, 2020
Introduced
“ “domestic partner” has the meaning assigned by the Domestic Partnership Law, 2020;
“domestic partnership” has the meaning assigned by the Domestic Partnership Law, 2020; and “period pertaining to domestic partnership” means a period beginning with the entering into a domestic partnership and ending on either the death of one of the domestic partners or on the date set out in — (a) a decree of dissolution or nullity of the domestic partnership;
(b) a decree of presumption of death of a domestic partner; or (c) a decree of judicial separation;”; and (b) in the definition of the words “joint and survivor pension” by deleting the words “and his spouse” and substituting the words “and the person’s spouse or domestic partner”.
#3. Amendment of section 23 - inspection of administrator’s documents
#3. The principal Law is amended in section 23(1) as follows —
(a) by inserting after paragraph (c) the following paragraph — “(ca) the member’s or former member’s domestic partner or former domestic partner where the domestic partnership is dissolved or annulled;”; and (b) in paragraph (f), by deleting the words “paragraph (a), (b), (c), (d) or (e)” and substituting the words “paragraph (a), (b), (c), (ca), (d) or (e)”.
#4. Amendment of section 36 - joint and survivor pension benefits
#4. The principal Law is amended in section 36 as follows —
(a) in subsection (1) as follows — (i) by inserting after the words “who has a spouse” the words “or a domestic partner”; and (ii) by inserting after the words “payable to the spouse” the words “or the domestic partner”;
(b) in subsection 4(c), by inserting after the word “spouse” the words “or a domestic partner”;
(c) in subsection (5) as follows — (i) by inserting after the words “a surviving spouse” the words “or domestic partner”;
(ii) by inserting after the words “the spouse” the words “or domestic partner”; and
National Pensions (Amendment) (No. 2) Bill, 2020 Clause 5
Introduced
(iii) by inserting after the words “of the spouse’s” the words “or the domestic partner’s”; and (d) in subsection (6), by inserting after the words “payable to the surviving spouse” the words “or domestic partner”.
#5. Amendment of section 38 - remarriage of spouse
#5. The principal Law is amended in section 38 as follows —
(a) in the section heading, by inserting after the word “spouse” the words “or entering into a subsequent domestic partnership or marriage by a domestic partner”; and (b) in subsection (1) as follows — (i) by inserting after the words “The surviving spouse” the words “or domestic partner”; and (ii) by inserting after the words, “the subsequent remarriage of such surviving spouse”, the words “, or the entering into a subsequent domestic partnership or marriage by such surviving domestic partner”.
#6. Amendment of section 39 - pre-retirement death benefit
#6. The principal Law is amended in section 39 as follows —
(a) in subsection (1), by inserting after the words “the spouse” the words “or domestic partner”;
(b) in subsection (2) as follows — (i) by inserting after the words “The surviving spouse” the words “or domestic partner”;
(ii) in paragraph (a) as follows — (A) by inserting after the words “the spouse” wherever they appear the words “or domestic partner”; and (B) in subparagraph (ii), by inserting after the words “the spouse’s” the words “or the domestic partner’s”;
(c) in subsection (3), by inserting after the words “the spouse” the words “or domestic partner”;
(d) in subsection (5)(b), by inserting after the word “spouse” the words “or domestic partner” and (e) in subsection 6(b), by inserting after the word “spouse” the words “or domestic partner”.
Clause 7 National Pensions (Amendment) (No. 2) Bill, 2020
Introduced
#7. Amendment of section 42 - cash out of small benefits
#7. The principal Law is amended in section 42 by deleting the words “to his spouse,”
and substituting the words “to the member’s spouse or domestic partner,”.
#8. Amendment of section 43 - payment on breakdown of marriage
#8. The principal Law is amended in section 43 as follows —
(a) in the section heading, by inserting after the word “marriage” the words “or domestic partnership”;
(b) in subsection (1) as follows — (i) by deleting the word “divorce” wherever it appears and substituting the words “dissolution of a domestic partnership, divorce”; and (ii) by inserting after the word “spouse” the words “or domestic partner”;
(c) in subsection (2) as follows — (i) by inserting after the words “to a spouse” the words “or domestic partner”;
(ii) by inserting after the words “conjugal period” wherever they appear the words “or period pertaining to domestic partnership”; and (iii) by deleting the words “and his spouse” and substituting the words “and the member’s or former member’s spouse or domestic partner”; and (d) in subsection (5) as follows — (i) by inserting after the words “A spouse” the words “or a domestic partner”; and (ii) by inserting after the words “the spouse’s” the words “or domestic partner’s”.
#9. Amendment of section 55 - void transactions
#9. The principal Law is amended in section 55(2) by deleting the word “divorce” and
substituting the words “dissolution of a domestic partnership, divorce”.
National Pensions (Amendment) (No. 2) Bill, 2020 Clause 10
Introduced
#10. Amendment of section 56 - exemption from execution, seizure or
attachment
#10. The principal Law is amended in section 56(4) by deleting the word “divorce”
wherever it appears and substituting the words “dissolution of a domestic partnership, divorce”.
Assented to by the Governor the day of
, 2020.