Taxation Laws Amendment Act (No. 2) 1995 (169 of 1995)

Schedule 3   VARIOUS AMENDMENTS OF THE INCOME TAX ASSESSMENT ACT 1936

Part 6   SUPERANNUATION AND DEATH OR DISABILITY BENEFITS

38   Section 159SJ (definition of death or disability benefit)

Omit the definition, substitute the following definition:

"death or disability annuity/pension, in relation to a person,

means:

(a) an annuity or superannuation pension provided to the person in

the event of the death of another person; or

(b) an annuity or superannuation pension provided to the person:

(i) if the first payment date for the annuity or superannuation

pension is before 1 July 1994-in the event of the permanent disability

of the person; or

(ii) if the first payment date for the annuity or superannuation

pension is on or after 1 July 1994-in the event of the disability of

the person, where 2 legally qualified medical practitioners have

certified that the disability is likely to result in the person being

unable ever to be employed in a capacity for which the person is

reasonably qualified because of education, training or experience;".