Document ID: chunk:federal_register_of_legislation:C2024C00465:section:75:p3
Version: federal_register_of_legislation:C2024C00465
Segment Type: section
Provision Reference: s 75 (pt 3/3)
Character Range: 189248–190282

means the amount by which the person's surcharge deduction amount exceeds the amount of the person's productivity superannuation benefit.
 (5) Where, upon the death of a person to whom paragraph 78(2)(b) applies, a person becomes entitled, by virtue of subsection (1) of this section, to spouse pension under section 39 or to child's pension under subsection 42(3) or subsection 43(3), then, for the purposes of section 39, subsection 42(3) or subsection 43(3), as the case may be, the person in relation to whom paragraph 78(2)(b) applies shall be deemed to have been in receipt of retirement pay immediately before his death at such rate as would have been payable to him if he were a person to whom paragraph 78(2)(a) applies.
 (6) A reference in this section to the actual retirement of a person from the Defence Force, being a person who has made an election under section 76, shall be read as a reference to the retirement by virtue of which, upon his ceasing to be an eligible member of the Defence Force, he made the election.