Document ID: chunk:federal_register_of_legislation:C2022C00264:section:4:p1
Version: federal_register_of_legislation:C2022C00264
Segment Type: section
Provision Reference: s 4 (pt 1/3)
Character Range: 367527–370155

4                      If there are 3 or more eligible children of the deceased person in the custody, care and control of the spouse  100%                108%

 (5B) In making a determination under paragraph (4)(d), CSC must take into consideration:
 (a) the extent to which spouse's pension payable to the spouse of a deceased pensioner under Division 3 is reduced when the spouse and the deceased pensioner have been in a marital or couple relationship of the kind referred to in paragraph (4)(d); and
 (b) whether there is in the custody, care and control of the spouse one, or more than one, eligible child who:
 (i) was not born of the marital or couple relationship referred to in paragraph (4)(d); or
 (ia) was not a child of the spouse, and the pensioner, within the meaning of the Family Law Act 1975; or
 (ii) did not become a stepchild of the pensioner as a result of that marital or couple relationship; or
 (iii) is not a child of the person with whom the pensioner had that marital or couple relationship.
 (6) Where, under subsection (3), CSC allocates a benefit payable in respect of a deceased person and there is an eligible child or eligible children, or a partially dependent child or partially dependent children, of the deceased person, CSC must determine the part of the benefit that is attributable to each such child other than, in the case of a benefit payable under section 91 or 95, a partially dependent child.
 (7) Benefit attributed under subsection (6) to an eligible child or eligible children of the deceased person not in the custody, care and control of any of the surviving spouses must not exceed in the aggregate:
 (a) if the deceased person was, immediately before his or her death, an eligible employee who had not attained his or her maximum retiring age—the applicable percentage of the annual rate of the invalidity pension to which the deceased eligible employee would have been entitled under section 67 or 70 if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to invalidity pension under that section; or
 (b) if the deceased person was, immediately before his or her death, an eligible employee who had attained his or her maximum retiring age—the applicable percentage of the annual rate of the standard age retirement pension to which the deceased eligible employee would have been entitled under section 56 if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to standard age retirement pension under that section; or
 (c) if the deceased person was,