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;".