Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The associate deferred annuity is payable at an annual rate calculated under the Orders by reference to the transfer amount.
(2) The annuity is payable from the later of:
(a) the operative time; and
(b) the earliest of the following dates:
(i) if the Trust is satisfied that the non - member spouse has become permanently incapacitated--the date that the Trust considers to have been the date on which the person became permanently incapacitated;
(ii) a date notified to the Secretary under subsection (3);
(iii) the 65th anniversary of the non - member spouse's birth.
(3) The non - member spouse may give a written notice to the Secretary specifying a date that is not earlier than the 55th anniversary of the non - member spouse's birth. However, the notice has no effect if section 26B would prevent the annuity being paid to the non - member spouse from the specified date.
Note: Section 26B applies the preservation requirements of the Superannuation Industry (Supervision) Regulations.
(4) The annuity is not payable unless:
(a) a written application has been made requesting payment of the benefit; and
(b) the applicant has provided any information that is necessary to determine whether the benefit is payable.
(5) An application for payment on the ground of incapacity must be accompanied by the following:
(a) a certificate given by a medical practitioner nominated by the Trust;
(b) a certificate given by a medical practitioner nominated by, or on behalf of, the non - member spouse;
(c) such additional information or documents as the Trust requires.
(6) The certificates mentioned in paragraphs (5)(a) and (b) must include a statement to the effect that, in the opinion of the medical practitioner concerned, the non - member spouse is permanently incapacitated, as defined in this section.
(7) If the non - member spouse dies before the annuity becomes payable, an amount calculated under the Orders must be paid to the legal personal representative or, if no legal personal representative can be found, to any individual or individuals that the Trust determines.
(8) For the purposes of this section, a person is permanently incapacitated if, and only if, the person suffers from permanent incapacity within the meaning of the Superannuation Industry (Supervision) Regulations 1994 .