Document ID: chunk:federal_register_of_legislation:F2024C00321:reg:16:p94
Version: federal_register_of_legislation:F2024C00321
Segment Type: reg
Provision Reference: reg 16 (pt 94/106)
Character Range: 366539–369388

to the deceased pensioner since the date the preserved benefit became payable, is payable if the deceased pensioner:

             (i) was a preserved benefit member immediately before becoming a pensioner; and
             (ii) had not transferred a transfer amount into the PSS scheme before 1 January 1996 (see instead Rule 11.3.27); and
             (iii) is not survived by a spouse or children eligible for benefits, including partially dependent children.

7.3.6 CSC may pay the lump sums under Rules 7.3.3, 7.3.4 and 7.3.5:

         (a) to any child or children (as apportioned by CSC) of the deceased pensioner who would otherwise be ineligible for benefits; or
         (b) the legal personal representative of the deceased pensioner.

If after making reasonable enquiries CSC is unable to find the legal personal representative of a deceased pensioner CSC may pay the lump sums under Rules 7.3.3, 7.3.4 and 7.3.5 to an individual or apportion it between two or more individuals.

Death of a spouse in receipt of pension who is survived by children

7.3.7 An eligible child or children and/or partially dependent child or children of a deceased member, a deceased pensioner or a deceased preserved benefit member is or are entitled to a pension on the death of a spouse of the former member (see Rule 9.3.10), provided:

         (a) the spouse was in receipt of a pension payable in respect of that former member; and
         (b) the eligible child or children and/or partially dependent child or children was or were living with the spouse when the spouse died.
Note:
Any eligible child not living with a spouse will already be receiving a separate pension in his/her own right.
Division 4

Spouse's benefit options — with or without children
7.4.1 Where a deceased preserved benefit member is survived by one spouse only (with or without eligible children), that spouse is entitled to a lump sum of the former member's preserved benefit plus the superannuation guarantee additional amount (if any) that is applicable in respect of the former member, or may choose to be paid the former member's preserved benefit:
         (a) wholly as a pension (see Rule 9.3.9); or
         (b) as part pension, by choosing to convert one‑half or more of the preserved benefit to pension, with the balance paid as a lump sum.
An option of a pension cannot be chosen unless the preserved benefit includes all of the former member's accumulated member contributions (other than any refunded Excess Contribution Multiple, see Rule 6.9.4).
7.4.2 CSC will apportion a preserved benefit between any:
         (a) spouse, with or without eligible children; and
         (b) other spouse, with or without eligible children; and
         (c) eligible child who does not ordinarily live with a spouse; and
         (d) eligible children who do not ordinarily