Document ID: chunk:federal_register_of_legislation:C2004A04205:body:0:p15
Version: federal_register_of_legislation:C2004A04205
Segment Type: other
Provision Reference: 
Character Range: 37974–40719

subsection (3), the Commissioner 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, the Commissioner 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, immediately before his or her death, a retirement pensioner—the applicable percentage of the annual rate of pension payable to the retirement pensioner immediately before his or her death.

  "(8) The applicable percentage mentioned in subsection (7) is:

    (a)     if there is one eligible child not in the custody, care and control of any of the surviving spouses—45%; or

  (b)     if there are 2 such eligible children—80%; or

  (c)     if there are 3 such eligible children—90%; or

  (d)     if there are 4 or more such eligible children—100%.

"(9) Benefit attributed under subsection (6) to a partially dependent child or partially dependent children of the deceased person must not exceed in the aggregate the lesser of:

    (a)     the annual rate of the regular maintenance payments being made, or required to be made by order of a court, in relation to the child or children by the deceased person immediately before his or her death; or

    (b)     the maximum benefit that, under subsection (7), could be attributed to the child or children if the child or children were an eligible