Document ID: chunk:federal_register_of_legislation:F2022C00997:reg:41:p1
Version: federal_register_of_legislation:F2022C00997
Segment Type: reg
Provision Reference: reg 41 (pt 1/3)
Character Range: 59806–62325

41  Death of married contributor
 (1) On the death of a married contributor before retirement or resignation, pension shall be paid to his widow as follows:
 (a) during her own life 67 per cent of the pension for which her husband was contributing, or had completed contributions for, at the time of his death; and
 (b) in respect of each of her or the contributor's children who is under the age of 16 years or is a student child (other than a child or student child of her re‑marriage):
 (i) where there are less than 3 such children or student children—a pension at the rate per annum equal to 11 per cent of the prescribed pension; and
 (ii) in any other case—a pension at a rate per annum equal to the amount ascertained by dividing 33 per cent of the prescribed pension by the number of children and student children.
 (1A) Notwithstanding the provisions of paragraph (1)(b), where the annual rate of pension payable on a day under that paragraph in respect of a child or student child is less than $208, the annual rate of pension so payable on that day in respect of that child or student child is increased by an amount equal to the difference between the first‑mentioned rate and the rate of $208 per annum.
 (2) On the death of a widow who was in receipt of a pension under this regulation, pension is payable in respect of each child or student child referred to in paragraph (1)(b) as follows:
 (a) where there is 1 such child or student child—at an annual rate equal to 45 per cent of the prescribed pension;
 (b) where there are 2 such children or student children—at an annual rate equal to 40 per cent of the prescribed pension;
 (c) where there are 3 such children or student children—at an annual rate equal to 30 per cent of the prescribed pension; and
 (d) where there are 4 or more such children or student children—at an annual rate ascertained by dividing the prescribed pension by the number of children and student children.
 (2A) Notwithstanding the provisions of subregulation (2), the annual rate of pension payable under a paragraph of that subregulation shall not in any case be less than whichever is the greater of:
 (a) $520; or
 (b) the sum of $208 and:
 (i) where there are not more than 4 children or student children—¾ of the relevant pension; and
 (ii) in any other case—the amount of the relevant pension divided by the number of children and student children.
 (2B) In subregulation (2A), relevant pension, in relation to a rate of pension payable on a day in respect of a child